Muhamad Helmi Muhamad Khair

• Doctor of Philosophy
• Senior Lecturer at MARA University of Technology

This article aims to provide a brief overview of the Agreement of Trade-Related Aspects of Intellectual Property Rights (TRIPS). The analysis will be focused on the agreement itself, its flexibilities, and its impacts on the right of access to affordable medicine. Particularly on medicines which are still under patent protection, a standardised pro...

Orphan works are copyright-protected works whose holders cannot be located. The solutions to enable access to these works include the use of fair defence, the extended collective licensing regime, the scheme for reappearing copyright holders, and the blockchain-based system. None of these options, however, have included an open innovation framework...

At its core, Locke’s main argument is centralised in the role of labour, while Hegel’s principal idea lies in one’s will, self-actualisation as well as personal expression. As both thinkers posit strong arguments in substantiating their views, discussions surrounding this topic may influence one to favour a particular theory over the other. This pa...

This article reports a study that aims to formulate an outbound open innovation strategy for the exploitation of publicly funded research intellectual property in Malaysia. The outbound open innovation strategy is proposed due to the inability of the existing intellectual property commercialization strategy of Malaysian public universities to optim...

"Orphan works" are works (such as essays, songs, photographs, paintings, and sculptures) that are still copyrighted but cannot be contacted or identified by prospective users. While permission to use is essential in copyright law, it cannot be obtained, particularly in the context of "orphan works". Several international organisations have attempte...

Background and Purpose: Orphan works, which are copyright-protected works with unidentified right holders, are increasingly common as a result of the abundance of unregistered, unidentified, and abandoned copyright works. In contrast to the European Union, United Kingdom, Canada, and India, Malaysia is yet to devise a solution to the orphan works p...

This preliminary study seeks to gain initial insights into the barriers encountered by restaurant owners in Seremban, Malaysia, regarding the adoption of halal certification. The research, which precedes a more comprehensive DEMATEL (Decision-Making Trial and Evaluation Laboratory) analysis, employs a quantitative approach and data collected throug...

The implementation of halal certification in Muslim-owned dining establishments in Malaysia faces various obstacles. This research aimed to analyze and investigate these challenges. The study used the DEMATEL approach with the integrated single-valued neutrosophic normalized weighted Bonferroni mean (SVNNWBM) to identify and understand the interrel...

This paper examines the application of copyright law to animal-created works. It aims to answer the following research question: can works created by an animal be protected under copyright law? In answering the research question, this paper first highlights the well-known case of the Monkey Selfie. Additionally, it also looks into the position unde...

This paper explores the adoption of Paul Samuelson’s Public Good Theory as a theoretical justification for a permissive licensing scheme enabling the use, and re-use orphan works in Malaysia. Orphan works are copyright-protected works with unlocatable or unidentified right holders, and are currently on the rise due to the proliferation of unregiste...

This paper explores the adoption of Paul Samuelson’s Public Good Theory as a theoretical justification for a permissive licensing scheme enabling the use, and re-use orphan works in Malaysia. Orphan works are copyright-protected works with unlocatable or unidentified right holders, and are currently on the rise due to the proliferation of unregis...

The objective of the research is to explore the aim, application and strategy perceived as important in the development of an outbound open innovation policy for exploitation of intellectual creation, design and creativity in Malaysian public universities (MPUs). Under existing intellectual property, innovation and commercialization policies, a lar...

Orphan works are works that are still protected by copyright and whose owners cannot be identified or located by prospective users for copyright clearance. Many countries have addressed this issue since the emergence of the problem, and it remains a legitimate subject of inquiry in this present day. However, Malaysia is yet to initiate public consu...

Teaching law to non-law students can be a challenging task. Not only that the students struggle to understand the various legal concepts that are quite abstract, they also strive to imagine the application of the same in their minds. Consequently, without a strong basis in law, it would be difficult for them to learn and participate in a more advan...