1. What is an industrial design?

An industrial design is the overall appearance of an article or a product. The design may consist of three dimension features such as the shape and configuration of an article, or two dimension features, such as pattern and ornamentation. The design features must be applied to an article by an industrial process or means of which, the features in the finished article gives it a unique appearance.

2. What is non-registrable design?

(i) It does not have a clear aesthetic appearance. (ii) It is a method or principle of construction. (iii) Designs features dictated solely by function. (iv) Integral parts which consist features that dependent upon the appearance of another article. (v) Differs only in immaterial details or in features commonly used in the relevant trade (trade variants). (vi) The designs those are contrary to public order or morality.

3. How to file an application for registration of an industrial design?

Requirement to file an application for registration: (i) A completed application form ID Form 1 in English or RBP 1 in Malay. (ii) Six set of representations of the article either photograph or drawing. (iii) A statement of novelty in respect of the industrial design to which the design is applied. However for registering wallpaper, lace or textile, the statement of novelty can be attach separately in the following page. (iv) Payment in full of the appropriate filing fee. (v) Statement justifying applicant’s right should be filed if the applicant is not an author.

4. When an application should be filed?

As claims are based on rules of ‘first to file’, filing of an industrial design should be made at the earliest possible time or before an article is disclosed to the public. Prior disclosure will eliminate the novelty of the design. Extreme care should be exercised to ensure secrecy of the design.

5. Who can apply for design registration?

Only the owner of the design may apply to register the design. The owner may authorize an agent to file an application on his behalf. Where an applicant’s ordinary residence or principal place of business is outside Malaysia, the applicant shall appoint an agent registered in the Register of Industrial Designs Agent.

6. What is the duration for registering an industrial design?

An application will be registered within 8 months from the date on which a completed application form, documents and prescribed fees are received. The duration could be extended to 14 months due to non compliance of requirements such as incomplete documents and fees not paid.

7. What is the duration for protection?

A registered industrial design is given an initial protection period of 5 years from the date of filing and is extendable for a further two consecutive terms of 5 years each. The maximum protection period is 15 years.

8. What qualifies an industrial design for registration?

To be eligible for registration, an industrial design must be new at the date an application for registration is filed. A design is considered new only if it has not been made available or disclosed to the public in any way whatsoever in Malaysia before the filing date of application. It also should not be on the record of the Industrial Design Register.

9. What rights does a registered design confer?

The owner of a registered design has the exclusive right to make, import or sell or hire out any article to which the design has been applied. Other users should obtain the consent of the rightful owner before using the design. The owner of a registered design has the right to take legal action against an infringer within 5 years from the act of infringement.

10. How to claim priority date of an earlier foreign application?

The applicant needs to make the claim when filing the application where the date of priority and country should be stated. Priority date should be claimed within 6 months from the foreign filing. Priority documents and their translations should be furnished as evidence.

11. What can be done if someone made copies or infringed my industrial design?

The owner of a registered industrial design has the rights to take legal action. A registration certificate issued by the Industrial Design Registry is recognized by the Court as evidence of ownership. The owner can take legal action pursuant to the Industrial Design Act 1996 or under the Trade Description Act 1972.

12. When will an Industrial Design be manufacture or sell?

At anytime time after the application has been filed. Applicants may also exploit their industrial design in the foreign markets. However they would have to obtained protection in relevant countries.

13. Are registered designs made public?

Registered designs are open to public inspection and details of the registration are recorded in the Register of Industrial Designs and published in the Government Gazette.

14. Does one have to register an industrial design to get a protection?

Under industrial designs law, there is no protection without registration. An industrial design need to be registered to be eligible for protection. The owner of a registered industrial design has the exclusive rights over his industrial design.

15. How extensive is industrial design protection?

An industrial design registered in Malaysia is only protected in Malaysia. In order to have your design protected in other countries who are members of the Paris Convention and to claim priority in Malaysia, application for registration will have to be filed within 6 months from the date of filing in Malaysia.

16. Where should I file my application?

Applications may be filed at:

Headquarter
Intellectual Property Corporation of Malaysia
32nd Floor, Menara Dayabumi,
Jalan Sultan Hishamuddin,
50623 Kuala Lumpur.
Phone Number : +603 2263 2100 (Operator)
: +603 2274 5113 (Meja Bantuan)
: +603 2263 2198/2199 (Perkhidmatan Kaunter)
Fax Number : +603 2274 1332

Sabah Office
Intellectual Property Corporation of Malaysia
6th Floor, Blok C,
49, Jalan Karamunsing,
88000 Kota Kinabalu, Sabah.

Phone Number : +6088 254 524
Fax Number : +6088 257 046

Sarawak Office:
Intellectual Property Corporation of Malaysia
Lot 9936, (Sub Lot 5), 3rd Floor, Queen's Court,
93000 Kuching, Sarawak.

Phone Number : +6082 459 075/ +6082 459 076
Fax Number : +6082 455 052