INDUSTRIAL DESIGN
What is an industrial design ?
Industrial Design in Malaysia: Industrial Design is defined under section 3 of the Industrial Designs Act 1996 (“the Act”) as 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. It protects the appearance of articles which are commercially mass-produced.
What are features of shape, configuration, pattern or ornament?
Industrial design can be either in the form of two-dimensional or three-dimensional. Usually, ‘pattern’ and ‘ornament’ would connote two-dimensional features which are put on articles for decorative purposes whereas ‘shape’ and ‘configuration’ connote three-dimensional features which is the form of the article itself.
Industrial designs do not include:
- A method or principle of construction; or
- Features of shape or configuration of an article which are dictated solely by the function which the article has to perform; or
- Features of shape or configuration of an article which 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.
Requirements for registration
The design must be new/novel at the time of application. Similar to Patent, the novelty requirements here shall mean novelty in the world/globally. An industrial design for which an application for registration is made shall not be considered to be new if, before the priority date of that application, it or an industrial design differing from it only in immaterial details or in features commonly used in the relevant trade was disclosed to the public anywhere in Malaysia or elsewhere OR was 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.
Industrial designs also shall not be contrary to public order or morality.
Why register your design?
- To obtain exclusive rights over an industrial design for a certain period of time
- Able to assign or license your industrial design
- Enforcement
- Increase value for your business (intangible property)
Protection duration of an industrial design
The maximum duration of protection for an industrial design is 25 years as provided under the Act. Once registered, it shall be in force for 5 years and may be renewed for four further consecutive terms of five years each.
