Summary

Industrial design protection in Malaysia is governed by the Industrial Designs Act 1996 (“the Act”) and Industrial Designs Regulations 1999. The Act provides the rights of registered industrial designs as that of a personal property capable of assignment and transmission by operation of the law. 

To be eligible for registration, industrial designs must be new and do not include a method of construction or design that is dictated solely by function. In addition, the design of the article must not be dependent upon the appearance of another article of which it forms an integral part. 

Industrial designs that are registrable
Industrial Designs cover features of shape, configuration, pattern or ornamentation applied to an article by any industrial process to make it appeal to the eye, but does not include:

1. a method or principle of construction; or
2. features of shape or construction of an article which:
(a) are dictated by the function which the article has to perform (i.e., functional); or
(b) are dependent upon the appearance of another article of which the article is intended by the author of the design to form an integral part.

Novelty Requirement
Industrial design in Malaysia has a worldwide novelty requirement, which:
1. Was not disclosed to the public anywhere in Malaysia or in other countries; or
2. Was not the subject matter of another application for registration of an industrial design filed in Malaysia, but having an earlier priority date made by a different applicant in so far as that subject matter was included in a registration granted on the basis of that other application.

Exception:
The novelty grace period in Malaysia constitutes six (6) months before the filing date. If the application became available at the official or officially recognized exhibition or the disclosure was made in bad faith by any third party, it does not destroy the novelty of the industrial design in Malaysia.

Priority Claim
The priority claim can be filed within six (6) months from the filing date of earlier application in any other country that is a member of the Paris Convention or a member of the World Trade Organization.

Term of Protection
The term of protection of a registered industrial design is 25 years from the filing date or priority date. The initial period of registration is for five (5) years and is extendable for four (4) further consecutive terms of five (5) years each.

Address:

TAG Intellectual Property Consulting and Training SDN. BHD. (Company No. 1232009-M) Unit SO-7-7, Level 7, Menara 1, KL Eco City, Jalan Bangsar,

P.O. Box: 59200 Kuala Lumpur, Malaysia
Telephone: +60196335424
Fax:
Email: malaysia@agip.com
Contact: Nur Atiqah Samian

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