Online News Portal in Malaysia - A Revisit to the Regulatory Regime Governing the Media in the Era of Media Convergence

Nazli, Ismail@Nawang and Abdul Majid Tahir, Mohamed and Aminuddin, Mustaffa (2019) Online News Portal in Malaysia - A Revisit to the Regulatory Regime Governing the Media in the Era of Media Convergence. In: International Conference on Law, Government and International Studies (ICLGIS 2019), 26-27 November 2019, Thistle Hotel, Johor Bharu, Johor.

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Abstract

The purpose of this study is to show that Malaysia as at 2019, cannot implement the rights envisaged under the newly incorporated Article 31bis of the TRIPS Agreement in respect of flexibilities on public health, as there are no provisions in the Patents Act 1983 permitting this. The main research question of this study is why Malaysia should amend its Patents Act 1983 to incorporate the flexibilities provided by Article 31bis, although these flexibilities are optional and not mandatory provisions. Malaysia must have effective strategies in implementing a good policy, law and governance in managing the country, especially in respect of public health issues and ensure that there is balance of rights between intellectual property owners and the public, at all times. This study is based on qualitative research, as the basis of this study is very much reliant on primary sources being the TRIPS Agreement and the Patents Act 1983, supported by secondary sources being journals and contents of authorities’ websites. This study is limited to issues related to public health and patents only and does not deal with other types of intellectual property. The study encompasses the relevant provisions of the TRIPS Agreement and Malaysian Patents Act 1983 related to patents and public health; suggestions as to the amendments to be made to the Patents Act 1983 in respect of Article 31bis; and a conclusion that although the rights envisaged under Article 31bis of the TRIPS Agreement is optional and not mandatory, it is prudent for Malaysia to reflect these rights into the Patents Act 1983 immediately. The outcome of the study shows that although Malaysia was early in accepting the public health flexibilities amendments of the TRIPS Agreement in 2015, it currently cannot exercise these flexibilities, unless the Patents Act 1983 is amended to incorporate these rights.

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