Industrial Design Malaysia
Industrial Design in Malaysia
Primus IP provides comprehensive registration and advisory services designed to safeguard your industrial design in Malaysia. We tailor our solutions to intellectual property registration, ensuring all your design risks are addressed while complying with legal requirements.
About Primus IP
Safeguarding Your Industrial Design in Malaysia
As stipulated in section 3(1) of the Industrial Designs Act 1996, industrial design entails the “features of shape, configuration, pattern or ornament applied to an article by any industrial process or means, being features which in the finished article appeal to and are judged by the eye”. The “article” above refers to any article of manufacture. For instance, the shape of furniture or the design of attire.
Eligible Designs for Industrial Design Protection
- Comply with the definition of an industrial design under the applicable
- Be new in Malaysia or elsewhere
- Not opposed to public policy or morality
Non-Eligible Designs for Industrial Design Protection
- A method or principle of construction
- The designs of an article is dependant upon the designs of another article
- A design differs only in immaterial details or features
- The features of the article are dictated solely by function
The Significance of Industrial Design Registration
Owners of industrial design in Malaysia retain the exclusive right of the design, including licensing, producing, selling, and importing the article bearing the registered design. This prevents an unauthorised party to copy the appearance of one’s design. You can protect your industrial design by filing ID Form 1.
Claiming Ownership of Industrial Design in Malaysia
To file for an industrial design application, you should prepare the following information:
- Applicant's name and address
- The owner of the design.
- Author's name and address
- The designer.
- Identify the classification of the Article
- In regards to the Locarno Classification
- Representations of design
- Can be in the form of images or drawings. It is recommended to put particular emphasis on the novel features and provide 6 or 7 views to showcase the entirety of the design.
- Statement of novelty
- The novelty features must be stated explicitly.
- Declaration of priority, if claimed.
- If requested by the Registrar, a certified copy of the priority documents must be handed together with its English translations.
Who Can File for Industrial Design Application?
In some cases, the applicant and the author are the same person. However, they could also be two different individuals. Another example is that the applicant is a company while the author is an employee. As such, the applicant can be classified as the following:
- Author
- Individual
- Company
Eligible Designs for Industrial Design Protection
- Comply with the definition of an industrial design under the applicable
- Be new in Malaysia or elsewhere
- Not opposed to public policy or morality
Non-Eligible Designs for Industrial Design Protection
- A method or principle of construction
- The designs of an article is dependant upon the designs of another article
- A design differs only in immaterial details or features
- The features of the article are dictated solely by function
Non-Eligible Designs for Industrial Design Protection
- A method or principle of construction
- The designs of an article is dependant upon the designs of another article
- A design differs only in immaterial details or features
- The features of the article are dictated solely by function
Claiming Ownership of Industrial Design in Malaysia
To file for an industrial design application, you should prepare the following information:
- Applicant's name and address
- The owner of the design.
- Author's name and address
- The designer.
- Identify the classification of the Article
- In regards to the Locarno Classification
- Representations of design
- Can be in the form of images or drawings. It is recommended to put particular emphasis on the novel features and provide 6 or 7 views to showcase the entirety of the design.
- Statement of novelty
- The novelty features must be stated explicitly.
- Declaration of priority, if claimed.
- If requested by the Registrar, a certified copy of the priority documents must be handed together with its English translations.
Claiming Ownership of Industrial Design in Malaysia
To file for an industrial design application, you should prepare the following information:
- Applicant's name and address
- The owner of the design.
- Author's name and address
- The designer.
- Identify the classification of the Article
- In regards to the Locarno Classification
- Representations of design
- Can be in the form of images or drawings. It is recommended to put particular emphasis on the novel features and provide 6 or 7 views to showcase the entirety of the design.
- Statement of novelty
- The novelty features must be stated explicitly.
- Declaration of priority, if claimed.
- If requested by the Registrar, a certified copy of the priority documents must be handed together with its English translations.
Need help with
Industrial Design?
Need help with Industrial Design?
If you have any enquiries about Industrial Design or other services, do reach out to us, and we will provide you with the right solution.
Frequently Asked Questions (FAQ)
An infringement of industrial design occurs when an unauthorised party imitates or recreates the registered article and imports the article into Malaysia for any trade or business.
Unfortunately, you would have to make a different filing since the protection of industrial design is territorially based. This means that if you want to safeguard your design overseas, you have to apply for a new filing in each particular country.
While it is not mandatory, you are encouraged to file your overseas application within 6 months of your local filing date to maintain the priority right available under the Paris Convention.
In Malaysia, an industrial design registration is provided with an initial protection period of 5 years, starting from the date of filing.
After your industrial design registration expires, you can opt for further protection for a maximum of 25 years or a further four consecutive terms.
