Global Industrial Design Protection
We provide full range of industrial design registration and advisory services
Registration of industrial design in Malaysia and globally
Industrial design searches
Sale and transfer of industrial design
Industrial design portfolio maintenance and management
Due diligence of industrial design registration
Industrial design litigation support and other advisory services
Quick Facts About Industrial Design
What is an Industrial Design?
Industrial design means features of shape, configuration, pattern or ornament applied to an
article by an industrial process or means, being features which in the finished article appeal to and are judged by the eye, but does not include-
(a) A method or principle of construction; or
(b) Features of shape or configuration of an article which are dictated solely by the function which the article has to perform; or 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.
Why should we register our design and how long will the protection last?
In simple terms, to secure exclusive use of the design and to prevent others from using or selling it.
What are the legal requirements for industrial design registration in Malaysia?
The industrial design must be new. The applicant for the design must be careful that the design must not be disclosed to the public anywhere in Malaysia or elsewhere, prior to filing the industrial design application in Malaysia.
The industrial design must be eye appealing.
The industrial design does 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 are dependent upon the appearance of another article of which the article is intended by the author to form an integral part.
What is the information needed to file an industrial design application?
i) Applicant’s full name
ii) Applicant’s full address
iii) Company registration certificate of the applicant, if the applicant is a company
iv) Applicant’s IC or Director’s IC, if the applicant is a company
v) 6 views of the product designs, ie. front, back, top, bottom, perspective views and side (please provide left and right sides if both sides are different)
vi) IC or passport of the author of the product’s design
vii) If the applicant is not the author, kindly advise the relationship between the applicant and author.
viii) If priority is claimed, please provide:-
(a) Filing date of the priority application
(b) Convention country of the priority application
(c) Application or registration no. of the 1st Convention application
(d) Certified priority document of the priority application, if required by Registry. Translation
required if the certificate is not in English language.
What are the remedies available for infringement of industrial design?
If the industrial design’s registered proprietor succeed in an infringement action, the Court may award damages or an accounts of profits and may grant an injunction to prevent further infringement and any other legal remedies.
How long is the entire registration process?
Application will be filed within 1-2 working days. A smooth registration process from filing date up until issuance of certificate will take about 9 to 15 months.
Is it guaranteed that my industrial design will be registered?
We are not able to guarantee the successful registration of an industrial design as it is the sole discretion of the Registrar of Industrial Designs by considering all the requirements under the Industrial Designs Act 1996 of Malaysia.
I have started selling my product with the Industrial Design some time ago, can I still register?
Industrial design registration requires absolute novelty on the design. If the design had been disclosed the public prior to filing application, it is not registrable pursuant to Malaysian Industrial Design Act.
Does the industrial design registration in Malaysia cover the whole world?
No. Registration of industrial design is territorial based. Currently there is no unitary registration system to cover the entire world. It is necessary to register the industrial design in each country separately.
IP Gennesis Sdn Bhd
Question? Contact Us
(Company No. 1055927-A)
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50480 Kuala Lumpur, Malaysia.
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