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There have been very few tests of first or second medical use claims before a Malaysian court. There is still no significant limited local legal precedent established in respect of the validity and scope of such claims. Given the history and recent trend of patent litigation in Malaysia, we believe that the IP High Court will be guided by European and UK case law when a substantial case is finally litigated in Malaysia.
Oon Yen Yen, patent,Henry Goh,Malaysian court, patent litigation, patent owner, pharmaceutical industry, Malaysian Intellectual Property Office