As healthcare industries around the world have evolved to become some of the largest and most critical sectors of the global economy, businesses and individuals face complex legal issues and risks in the field. Added to these are unique considerations arising from the Malaysian public-private healthcare dichotomy.
We have acted for clients in a broad cross-section of healthcare sectors, including hospitals and other healthcare service providers, pharmaceutical multinationals, medical device manufacturers, healthcare professionals and insurers. We have experience developing strategies and advising across a broad range of concerns in the healthcare industry including regulatory compliance, pre-market approval and licensing requirements, data exclusivities and compulsory licensing. Our services include advising on compliance and transactional services like mergers and acquisitions and loan documentation.
We are experienced in developing patent-related strategies for the protection, commercialisation and enforcement of inventions and innovations in the healthcare, biotechnology and pharmaceutical industry.
In the litigation realm, we have acted in both infringement and invalidation suits for pharmaceutical and medical device patents. In the landmark case of Sanofi-Aventis v Dabur Pharma, we successfully argued that, in a process patent, the burden of proof for infringement is reversed, in that the defendant bears the burden of showing that its product is not derived from the patented process.