Industrial Designs Law in Malaysia
Malaysia's industrial design protection is governed by the Industrial Designs Act 1996 (Act 552), which was significantly amended by the Industrial Designs (Amendment) Act 2013, effective from July 1, 2013. These laws are administered by the Intellectual Property Corporation of Malaysia (MyIPO).
๐ What Is an Industrial Design?
An industrial design refers to the aesthetic aspects of an article, including its shape, configuration, pattern, or ornamentation, applied to an article by any industrial process, which in the finished article appeal to the eye. It does not protect the technical or functional aspects of the article.
โ Registrability Criteria
To be registrable in Malaysia, an industrial design must:
Be new (i.e., not previously disclosed to the public anywhere in Malaysia or elsewhere in the world before the filing date). (Asia IP)
Not be dictated solely by the function of the article.(MyIPO)
Not be contrary to public order or morality.(MyIPO)
โณ Duration of Protection
Initial protection: 5 years from the filing date.
Renewable: Up to four additional 5-year terms.
Maximum protection period: 25 years.
๐งพ Rights of the Design Owner
The owner of a registered industrial design has the exclusive right to:
Make, import, sell, or hire out any article to which the design has been applied.
Assign, transmit, or mortgage the design.
Take legal action against infringement.
These rights are considered personal property and can be dealt with in the same manner as other personal or movable property.
๐ International Protection
Malaysia is a member of the Paris Convention for the Protection of Industrial Property, allowing applicants to claim priority for their design applications filed in other member countries within six months. However, Malaysia is not yet a member of the Hague Agreement for the international registration of industrial designs.
๐ Application Process
Applications can be filed online or in person at MyIPO
The process typically takes 6 to 9 months to complete.
A grace period of six months is available for disclosures made in officially recognized exhibitions or due to unlawful acts by third parties.
โ๏ธ Enforcement and Infringement
Owners of registered industrial designs can take legal action against infringers under the Industrial Designs Act 1996 or the Trade Descriptions Act 1972. The registration certificate serves as prima facie evidence of ownership in legal proceedings.
๐ Key Takeaways
Registration is mandatory for protection; unregistered designs do not have legal protection in Malaysia.
Worldwide novelty is required; prior disclosures anywhere can affect registrability.
Maximum protection extends to 25 years, offering long-term security for design owners.
Designs are personal property, allowing for assignments and use as collateral.
International protection is available through the Paris Convention; consider filing in other jurisdictions as needed.
For more detailed information or to begin the registration process, visit the official MyIPO
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