scholarly journals INCORPORATING ARTICLE 31bis FLEXIBILITIES ON TRIPS PUBLIC HEALTH INTO DOMESTIC PATENT SYSTEM: THE INESCAPABLE WAY FORWARD FOR MALAYSIA

2020 ◽  
Vol 16 ◽  
pp. 73-88
Author(s):  
Mohsin Hingun ◽  
Rahamatthunnisa Mohamed Nizamuddin
Keyword(s):  
Public Health ◽  
Research Question ◽  
Trips Agreement ◽  
Primary Sources ◽  
Main Research ◽  
The Public ◽  
Secondary Sources ◽  
Effective Strategies ◽  
Property Owners ◽  
Qualitative Research Methodology

The purpose of this study is to highlight the absence of specific provisions on public health under Article 31bis of the TRIPS Agreement, that were not incorporated into the Patents Act 1983 in Malaysia. The main research question of this study is; why should Malaysia immediately amend its Patents Act 1983 to incorporate these flexibilities? Malaysia must develop effective strategies to implement policies, law and governance in managing the country’s public health system. This is to ensure a balance of rights between intellectual property owners and the public, at all times. This study employs a qualitative research methodology that is based on primary sources such as the TRIPS Agreement and the Patents Act 1983, and is further supported by secondary sources such as journals and the contents of authorities’ websites. This study is limited to the issues related to public health and patents. This study includes a discussion on the provisions related to patents and public health, proposed amendments to the Patents Act 1983 that should incorporate the provisions from Article 31bis, and a conclusion on the importance of immediately amending the Patent Act 1983 to incorporate these provisions, especially during the current Covid-19 pandemic. This study proposes that the amendments be made to Section 84 of the Patents Act 1983 in relation to Rights of Government, and not through the compulsory licence mechanism under Part X of the Patents Act 1983. Thus, this study concludes that currently, Malaysia is unable to implement the provisions under Article 31bis, unless the Patents Act 1983 is amended.

scholarly journals AMENDING SECTION 84 PATENTS ACT 1983 TO ENCOMPASS THE HEALTH FLEXIBILITIES LEVERAGE ACCORDED BY ARTICLE 31bis TRIPS AGREEMENT

2020 ◽  
Vol 11 ◽  
pp. 1-26
Author(s):  
Mohsin Hingun ◽  
Rahamatthunnisa Mohamed Nizamuddin
Keyword(s):  
Public Health ◽  
Research Question ◽  
Compulsory License ◽  
Trips Agreement ◽  
Patent System ◽  
The Public ◽  
Secondary Sources ◽  
The Government ◽  
The Right ◽  
Paris Convention

The significance of this study lies in its proposal to insert an appropriate provision into the Patents Act 1983 to embody the provisions of Article 31bis TRIPS Agreement. The methodology adopted in this study is library-based, and relies extensively on primary sources such as the Paris Convention, TRIPS Agreement and Patents Act 1983. This is further supported through secondary sources such as articles, books, websites and newspaper reports. The research question posed in this study aims to identify the most appropriate provision that should be incorporated into the Patents Act 1983 in addressing the public health flexibilities provided under Article 31bis. The purpose of this study is to demonstrate that Article 31bis is best incorporated into the Patents Act 1983, under the right of the government mechanism rather than through the compulsory license mechanism. Furthermore, the scope of this study is limited to issues that address the abuse of monopoly, granted by the patent system, with respect to the dire needs of the public health. Hence, this paper discusses the mechanisms that address abuse of the patent system under Article 5(A) Paris Convention, Articles 31 and 31bis TRIPS Agreement, the relevant corresponding provisions under the Patents Act 1983, and subsequently formulates new proposed amendments to Section 84 Patents Act 1983 to buttress the public health flexibilities provided under Article 31bis. The outcome of this study proposes that the provisions of Article 31bis should be incorporated into the Patents Act 1983 under the right of the government mechanism, by replacing the current Section 84 Patents Act 1983 with a newly proposed Section 84.

scholarly journals The Faroese Path to a Comprehensive Education System

2019 ◽  
Vol 6 (2) ◽  
pp. 121-141
Author(s):  
Nina Volckmar
Keyword(s):  
Education System ◽  
Global Education ◽  
Research Question ◽  
International Standards ◽  
Primary Sources ◽  
Economic Conditions ◽  
Faroe Islands ◽  
Main Research ◽  
Secondary Sources ◽  
Comprehensive Education

This article traces the Faroese path to a comprehensive education system, following the winding road from Norwegian heritage to Danish rule and an increasing degree of autonomy. The main research question explores the extent to which the Faroese themselves have determined the development of their education system, and the extent to which Norwegian and most of all Danish influences have been crucial in this process. Previous research on the development of Faroese education is insufficient and few secondary sources are available. Therefore, this article is largely based on primary sources, such as legislation, curricula, circulars, official reports and interviews. The analysis shows that changes in governance structures and economic conditions are determinant factors that have had impact on the extent to which the Faroese have been responsible for their own educational development. Strong economic growth in recent years has allowed the Faroe Islands to adopt what is considered to be “global education” and “international standards.”

scholarly journals TRIPS AGREEMENT AND MALAYSIAN INTELLECTUAL PROPERTY LAWS: DATA EXCLUSIVITY v PATENT

2020 ◽  
Vol 28 (1) ◽  
pp. 197-225
Author(s):  
Rahamatthunnisa Mohamed Nizamuddin
Keyword(s):  
Intellectual Property ◽  
Trips Agreement ◽  
Intellectual Property Protection ◽  
Primary Sources ◽  
Marketing Approval ◽  
Protection Mechanism ◽  
Secondary Sources ◽  
Data Exclusivity ◽  
Patent Rights ◽  
Protection Mechanisms

This study analyses the provisions of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement with respect to the various intellectual property protection mechanisms. The main purpose of this study is to demonstrate that Malaysia is a TRIPS compliance country and have established intellectual property laws including the incorporation of data exclusivity laws. This study also illustrates that data exclusivity and patent are two different intellectual property protection mechanisms required under the TRIPS Agreement. Moreover, this study clarifies the misconception that data exclusivity and patents are somehow related; such that data exclusivity is an extension of patent rights and that it is often regarded as a TRIPS-plus provision. The study is conducted based on qualitative research, predicated on primary sources such as the TRIPS Agreement and the various laws with respect to intellectual property in Malaysia. It is further supported by secondary sources from journals and information provided on relevant authorities’ websites. The results of the study show that Malaysia is a TRIPS compliance country and that data exclusivity is an intellectual property protection mechanism that is established pursuant to Article 39.3 of the TRIPS Agreement. Hence, this study concludes that member countries of the TRIPS Agreement that have established data exclusivity protection mechanism to protect undisclosed data submitted to their respective authorities for the purpose of marketing approval of pharmaceutical or agricultural chemical products, including Malaysia, are indeed in compliance with the obligation set under Article 39.3 of the TRIPS Agreement.

scholarly journals Re-Examining the Publicity, Advertising and Marketing of Legal Profession in Malaysia

2021 ◽  
Vol 6 (10) ◽  
pp. 443-455
Author(s):  
Mohd Bahrin Bin Othman ◽  
Hariz Sufi ◽  
Faridah Binti Hussain ◽  
Sarah Munirah Binti Abdullah ◽  
Kemala Binti Alang
Keyword(s):  
Content Analysis ◽  
Primary Source ◽  
Legal Profession ◽  
Information Communication ◽  
Journal Articles ◽  
The Public ◽  
Secondary Sources ◽  
Qualitative Research Methodology ◽  
Communication And Technology ◽  
Online Sources

The legal practitioners in Malaysia are restricted from publicising, advertising and marketing themselves on the grounds of fiduciary relationship with clients, the duty to serve the public and it is professionally undignified. Despite the advancement of the Information, Communication and Technology, lawyers are restricted in utilising it for publicity, advertising and marketing. At the same time, the public is deprived of information to engage the best lawyers of their choice. Furthermore, while other countries such as European Union, United Kingdom, Singapore and Australia have moved forward, the Malaysian legal profession remains unchanged. This concept paper investigates the adequacy of the Legal Profession (Publicity) Rules 2001(“LPPR 2001”) in legalising publicity, advertising and marketing. This paper adopts a qualitative research methodology with doctrinal and comparative approaches. Firstly, this paper focuses on content analysis of statutes as the primary source of law. Secondly, content analysis on secondary sources of law including journal articles, and online sources. Thirdly, conducting a comparative study by analysing the primary and secondary sources of law in other jurisdictions. This paper explains that lawyers must be allowed to innovate into new methods in publicising, advertising and marketing themselves. Society will greatly benefit from this as they will be more informed and knowledgeable in engaging the service of lawyers of their choice. This paper ends by suggesting that there is a dire need to legalise the publicity, advertising and marketing of the legal profession in Malaysia. Thus, this research is significant to the development of the legal profession in Malaysia.

scholarly journals Authentic Learning and the Research Process of Gifted Students

2021 ◽  
pp. 51-60
Author(s):  
Kay Bishop
Keyword(s):  
Research Question ◽  
Gifted Students ◽  
Authentic Learning ◽  
Research Process ◽  
Primary Sources ◽  
Research Projects ◽  
Independent Research ◽  
The Public ◽  
Public Librarian ◽  
Source Of Information

This study utilizes qualitative research methods (observations, interviews, and analysis of written documents) to investigate the research processes of ten gifted students who participated in independent research projects. Research stages dealing with exploring and forming a focus presented the most difficulty for the students. The three students who were able to establish a clear focus were the only ones who demonstrated all aspects of authentic learning. An additional research question deals with the types of resources used by the students. Books and videocassettes were the primary sources used by the students. All students were highly dependent on the teacher as a source of information. The researcher points out the absence of collaboration between the teacher, the school librarian, and the public librarian. The researcher also calls for the examination of cooperative learning, intervention, required assignment deadlines, and the format of products as each of these relate to independent research projects.

A Study of the Principles of Three Major Sects for Creating Buddhist Sacred Places

2021 ◽  
Vol 20 ◽  
pp. 118
Author(s):  
Punjaphut Thirathamrongwee ◽  
Wonchai Mongkolpradit
Keyword(s):  
Case Studies ◽  
Human Activities ◽  
Research Question ◽  
Mental Development ◽  
Primary Sources ◽  
Modern World ◽  
Sacred Places ◽  
Secondary Sources ◽  
The Creation

This article aims to establish the principles for the creation of Buddhist sacred places based on primary sources of the three major sects, namely, Theravāda, Mahāyāna, and Vajrayāna, and studied architecture based on promising secondary sources through case studies. The stated research question is to understand the interaction among Buddhist principles, human activities, and Buddhist architecture in order to develop the criteria for creating Buddhist sacred places in the context of the modern world. The results indicate that criteria should be considered in two aspects.  First, a method is required to characterize the context and environment that promotes the practice of virtues such as concentration and wisdom, resulting in mental development.  Second, and a method is needed for characterization of the context and activities performed that are appropriate for spiritual cultivation. The proposed criteria offer appropriate methods for developing sacred places in various societies, and contexts comprising any circumstances. 

Postgraduate Employment Outcomes of Undergraduate and Graduate Public Health Students

2021 ◽  
pp. 003335492097656
Author(s):  
Heather Krasna ◽  
Olga Gershuni ◽  
Kristy Sherrer ◽  
Katarzyna Czabanowska
Keyword(s):  
Public Health ◽  
Employment Status ◽  
Research Question ◽  
Employment Outcomes ◽  
Public Health Workforce ◽  
Master Of Public Health ◽  
The Public ◽  
Employment Sector ◽  
Kirkpatrick Model ◽  
Dual Degree

Objectives A key goal of schools and programs of public health is to prepare graduates for careers in the public health workforce after graduation, but are they achieving this goal? We assessed how the employment outcomes of students earning public health degrees are collected and described in the literature. Methods Using the Kirkpatrick model of training evaluation as a framework, we conducted a 6-step scoping review: (1) formulating the research question, (2) identifying relevant studies, (3) selecting studies, (4) charting the data, (5) collating and summarizing the results, and (6) consulting stakeholders. We included articles published from January 1, 1993, through July 4, 2020, that provided data on employment status, employment sector/industry, job function, or salary of public health graduates. We excluded articles that were not written in English and were about dual-degree (ie, doctor of medicine–master of public health) students. We found and reviewed 630 articles. Results We found 33 relevant articles. Most articles focused on a single school and combined multiple graduating classes, focused on subspecializations of public health, or focused on graduates’ satisfaction with their curriculum but not employment outcomes. Data were inconsistently categorized, and studies were difficult to compare. Conclusions Research on public health graduates’ employment outcomes is scarce and does not follow consistent protocols. New standards should be adopted to systematize the collection of data on employment outcomes of public health graduates.

scholarly journals Higher Education and Graduate Employment in Albania

2014 ◽  
Vol 1 (1) ◽  
pp. 24
Author(s):  
Armanda Keqi
Keyword(s):  
Higher Education ◽  
Foreign Students ◽  
Public Universities ◽  
Economic Transition ◽  
Primary Sources ◽  
Key Factors ◽  
The Public ◽  
Secondary Sources ◽  
The Social ◽  
The Impact

In the social and economic transition, the Higher Education in Albania has tremendously ocercomed its capacities and the opportunities offered. Albania is considered the champion country in Europe for the high number of universities. Besides the public universities, in the country also operate dozens of private universities. in Albania there are about 20 universities per million inhabitants, (161500 students for a population of 2,8 million people), nearly eight times more than countries like UK that have internationalized higher education and have a very large percentage of foreign students. This paper takes into account the development of higher education and the responsible institutions of this development during the transition in Albania, the current structure of universities, the financial problems and the reform of higher education. It also examines issues such as: the measurement of quality, the ranking and the competition between public universities and private institutions. Then the focus of the paper runs on the employment of the young graduates who have finished albanian universities in the last five years. Firstly, relying on foreign literature, I have analyzed some of the main models of employment of graduates, their skills in the labor market, and also the changes that have occurred in the careers of the graduates in the last century. for the extraction of data are used questionnaires distributed electronically to over 230 employees that have brought significant conclusions about the employment of graduates in Albania, as well as the impact of such factors as: GPA, the training, the number of foreign languages spoken and other qualifications and skills that affect the level of salary and their position at work. Also starting from the above models, the scope is to identify the key elements that affect the careers of albanian graduates, and the key factors that have driven their employment. In the end of the paper are given some conclusions and recommendations on how higher education in Albania should be reformed, given by the sample responses of the interviewers, but also by a concrete analysis of the problems that are facing this sector in Albania, and how this reformation of higher education can increase its fruits on more qualified and employed youths in their respective fields. The methodology used is mainly from primary sources, ranging from the data collected by the respondents, as well as from secondary sources of data published for this area of study. The main limitation of such a work is the limited number of samples under the survey, the data of whom has been generalized for all the population of the paper.

scholarly journals Mengikis Arogansi Berdakwah Melalui Pendekatan Manajemen Perencanaan Islami

2019 ◽  
Vol 13 (1) ◽  
pp. 43-56
Author(s):  
Fathul Aminudin Aziz
Keyword(s):  
Qualitative Research ◽  
Data Sources ◽  
Primary Sources ◽  
Comprehensive Understanding ◽  
The Public ◽  
Secondary Sources ◽  
Information Alignment

Da'i competence is demanded to be ready in everything. The da’i has an obligation to translate Islamic materials to the congregation properly. Recently, the tendency of a da’i to deliver da’wa material tends to be divided. Some offer peace, comfort, tranquility (rohmatal lil ‘alamien). But some others offer hatred, violence, fear, worry and so on. This kind of da'wa model indicates a serious problem with the da’i, namely "Arrogance in Da'wa". This research is a qualitative research using literature approach. Data sources consist of primary sources, namely Surat Al-Hasr: 18. While secondary sources are documents / literature, notes or other studies related to the research object. The results of the study stated that based on the analysis of Surat Al-Hasr Verse 18 that a da’i minimizes arrogance by understanding the contents of this Surat Al-Hasr 18. Da'i criteria contained in the content of the verse are sincere intentions, optimal endeavors, resignation and sincerity. These four things must be perfected through attitudes of technology and information alignment. A da’i is not only great in science but also adaptive to development. Accompanied by a comprehensive understanding of da’wa both personal da'i, da'i knowledge and an adaptive attitude based on the understanding of Islamic da’wa management, the objectives of da’wa will be achieved. Arrogance can be suppressed to a minimum and material will be more effectively accepted by the public.   Kompetensi da’i dituntut untuk selalu siap dalam segala hal. Da’i memiliki kewajiban untuk menerjemahkan materi-materi keIslaman kepada jama’ah dengan baik dan benar. Kecenderungan seorang da’i dalam menyampaikan materi dakwahnya saat ini cenderung terbelah. Sebagian menawarkan kedamaian, kenyamanan, kesentosaan (rohmatal lil alamien). Namun sebagian yang lain menawarkan kebencian, keberingasan, katakutan dan kehawatiran dan-lain-lain. Model dakwah semacam ini mengindikasikan adanya persolan serius pada diri da’i yaitu “Arogansi dalam berdakwah”. Penelitian ini merupakan penelitian kualitatif dengan pendekatan Pustaka. Sumber data terdiri dari sumber primer yaitu Surat Al-Hasr Ayat 18. Sedangkan Sumber sekunder adalah dokumen/pustaka, catatan atau peneiltian lain yang terkait dengan objek penelitian. Hasil penelitian menunjukkan bahwa berdasarkan analisis Surat Al-Hasr Ayat 18 bahwa seorang da’i meminimalisasi arogansi dengan memahami kandungan Surat Al-Hasr 18 ini. criteria da’i yang ada dalam kandungan ayat tersebut adalah niat yang tulus, usaha yang optimal, tawakal dan ikhlas. keempat hal tersebut harus disempurnakan melalui sikap penyelarasan teknologi dan informasi. Seorang da’i tidak hanya kuat keilmuannya, namun juga adaptif dengan perkembangan. Dengan dibarengi pemahaman da’i yang komprehensif baik personal da’i, keilmuan da’i dan sikap adaptif da’i yang berdasarkan pada pemahaman manajemen dakwah yang Islami maka tujuan dakwah akan tercapai. Arogansi bisa di tekan seminimal mungkin dan materi dakwah akan semakin efektif diterima masyarakat.

scholarly journals MENGGUGAT PUTUSAN MAHKAMAH KONSTITUSI TENTANG PENCALONAN MANTAN NARAPIDANA DALAM PEMILU

2020 ◽  
Vol 35 (2) ◽  
Author(s):  
Jamaludin Ghafur
Keyword(s):  
Criminal Code ◽  
Primary Sources ◽  
The Political ◽  
Constitutional Court ◽  
Political Rights ◽  
Election Law ◽  
Law System ◽  
The Public ◽  
Secondary Sources ◽  
Civil Law System

The constitutional court through its decision No. 42 / PUU-XIII / 2015 states that all ex-convicts may run in elections as long as their political rights are not revoked by the court. They are only required to honestly and openly announce to the public about their convict status. according to the Court, the limitation and even revocation of the political rights of ex-convicts must not be carried out by lawmakers through legislation instruments but must be with a court decision as regulated in Article 35 paragraph (1) number 3 of the Criminal Code. This decision is not entirely correct for two reasons. First, Indonesia as a country that adheres to a continental European legal system (civil law system), the law has a higher position as a source of law (primary sources of law). Whereas the court's decision only as one of the secondary sources of law. Second, the conflict between the Election Law and the Criminal Code should be resolved according to the lex specialis derogat legi generalist principle. Thus, the prohibition for ex-convicts to run for the election as regulated in the Election Law should be interpreted as a specialist regulation so that it can override the provisions contained in the Criminal Code.

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