672 © 2019 AESS Publications. All Rights Reserved. OVERVIEW OF COMPLIANCE WITH THE AGREEMENT ON TRADE- RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (TRIPS Agreement) IN ADDRESSING ISSUES CONCERNING PATENT WHICH RELATES WITH COMPETITION LAW: MALAYSIA POSITION Haliza A. Shukor 1+ Nazura Abdul Manap 2 1 Faculty of Syariah and Law, Universiti Sains Islam Malaysia, Malaysia. 2 Faculty of Law, Universiti Kebangsaan Malaysia, Malaysia. (+ Corresponding author) ABSTRACT Article History Received: 9 September 2019 Revised: 10 October 2019 Accepted: 13 November 2019 Published: 19 December 2019 Keywords TRIPS agreement Patent law Patent license Competition law Malaysia. TRIPS Agreement acknowledged that some licensing restrictions contained in a patent license contract may contravene the principles of competition law. Hence, adoption of appropriate measures to address issues concerning patent license which relates with competition law has been expressly provided by the TRIPS Agreement in its various provisions. Malaysia as a signatory of the TRIPS Agreement is expected to comply with the recommendations in addressing issues concerning patent license and competition law. Therefore, it is the purpose of this article to identify extends of compliance by Malaysia with respect to the suggestions provided by the TRIPS Agreement. The result shows that Malaysia adopts the recommendations provided by the TRIPS Agreement in its legislation, particularly the Patents Act 1983. Contribution/ Originality: This study contributes in the existing literature on patent and competition law as a result of a new law introduced by the Malaysian government known as the Competition Act 2010 and the recent Malaysia Competition Commission (MyCC) Guidelines on Intellectual Property Rights and Competition Law. 1. INTRODUCTION Restrictions contained in a patent license may contravene the principles of competition law because the exercising of rights by patent owners is monitored by laws other than the patent law, such as the competition law (Stakheyeva, 2018). As a result, scholars such as Michael (2002), Hovenkamp (2013), Ioannis (2017) and Gregory (2018) have pointed out factors contributing to it and provide recommendations to solve the issue. The problem had also been discussed at the initial drafting of the TRIPS Agreement during the Uruguay Round so that signatories of the TRIPS Agreement were aware on the issues surrounding intellectual property. The TRIPS Agreement, which is one of the World Trade Organizations’ (the WTO) document came into existence as a result of Uruguay Rounds negotiations which was held under General Agreement on Tariffs and Trade (GATT) (WIPO, 1997). Council for Trade-Related Aspects of Intellectual Property Rights under the WTO is assign to manage the operation of TRIPS Agreement (Adamantopoulus, 1997). The WTO Agreements generally provides basic rules to be adhered by governments in framing their domestic policies and practices in the following areas; international trade in goods and services and intellectual property rights. Some examples of WTO Agreements include the Multilateral International Journal of Asian Social Science ISSN(e): 2224-4441 ISSN(p): 2226-5139 DOI: 10.18488/journal.1.2019.912.672.680 Vol. 9, No. 12, 672-680. © 2019 AESS Publications. All Rights Reserved. URL: www.aessweb.com