Intellectual Property Rights Series No. 9

Malaysia’s Experience in Increasing Access to Antiretroviral Drugs: Exercising the ‘Government Use’ Option

Publisher: TWN (ISBN: 983-2729-61-0)

Year: 2006   No. of pages: 32

About the Book

         An HIV epidemic is knocking on Malaysia's door.

         The prices of some antiretroviral (ARV) drugs have become increasingly high.

         About 75% of HIV positive persons in Malaysia are intravenous drug users who largely cannot afford treatment.

In a direct and determined response to the above scenario, the Ministry of Health (MOH) in Malaysia initiated an experience that may be useful for other developing countries. 

It resulted in Malaysia becoming the first country to issue a compulsory licence following the adoption of the Doha Declaration on TRIPS and Public Health by the 2001 Ministerial Conference of the World Trade Organisation (WTO).

TWN took an active part in this process by providing information to relevant government agencies regarding developments related to access to affordable medicines, intellectual property rights and the WTO TRIPS Agreement.

About the Author

CHEE YOKE LING is a Legal Advisor to TWN. Of particular concern in her work is the ecological, social and economic impact of globalisation, especially in the developing countries of the South.


1          Background   

2          Access to ARVs        

3          From Negotiations to Government Use
'Adequate Remuneration'              

4          The Next Step: Encouraging Domestic Manufacture and Using TRIPS Flexibilities
Bilateral Free Trade Agreements Government Use in Indonesia              




Appendix 1:  Form 11, Patents Act 1983: Application for Compulsory 

Licence (Patents Regulations 1996 - Regulation 38) (Malaysia)

Appendix 2: Authorisation for exploitation of patented invention in Malaysia under Section 84(1)(a), Patents Act 1983 ('Government Use' provision)

Appendix 3:      Open Letter to Prime Minister Datuk Seri Abdullah Ahmad Badawi – Appeal for Malaysians to have access to affordable medicines (3 March 2006)

Appendix 4:  Presidential Decree No. 83 of 2004 Regarding Exploitation of Patent by the Government on Anti Retroviral Drugs (Indonesia)


US$8.00 for First World countries

US$6.00 for Third World countries

RM8.00 for Malaysia

Prices are inclusive of postage costs by airmail.

How to Order the Book


Contact Third World Network at 131 Jalan Macalister, 10400 Penang, Malaysia.

Tel: 04-2266159

Fax: 604-2264505

Email us for further information