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

Based in Kuala Lumpur, Primus IP is an established legal consulting firm in Malaysia, specialising in protecting the intellectual properties of SMEs and large corporations. Catering to your specific IP needs, we offer future-proof solutions ranging from strategic advisory services to litigation support.

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

Non-Eligible Designs for Industrial Design Protection

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:

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

Non-Eligible Designs for Industrial Design Protection

Non-Eligible Designs for Industrial Design Protection

Claiming Ownership of Industrial Design in Malaysia

To file for an industrial design application, you should prepare the following information:

Claiming Ownership of Industrial Design in Malaysia

To file for an industrial design application, you should prepare the following information:

Engage an industrial design expert to safeguard your design in Malaysia

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.