Copyright vs Industrial Design Registration in Malaysia: Why Product Businesses Should Not Assume Copyright Is Enough

A furniture company spends months developing a new chair.

The drawings are prepared. The prototype is refined. The product finally launches. Customers like it. Distributors are interested. Sales begin to grow.

Then, a competitor releases a product with a very similar look.

The company’s first reaction is usually:

“We created the design first. Surely copyright protects us.”

That reaction is understandable. Many business owners assume that once a design is created, copyright automatically protects everything connected to that design.

But in Malaysia, the position is more complicated.

Copyright may protect certain drawings, sketches, renderings and artistic works created during the design process.

However, once a design moves into the world of manufactured products, industrial design registration may become highly relevant.

This is where many businesses get caught. Registering an industrial design may also affect whether copyright continues to subsist in that design.

The real issue is not simply whether copyright and industrial design protection can co-exist. The more important question is:

What exactly are you trying to protect? The artwork, the drawing or the product appearance?

For businesses like furniture manufacturers, product designers, packaging companies, engineering businesses, startups and consumer product companies, this question is not academic. It affects how you protect your product, enforce your rights, deal with copycats, and build long-term commercial value from your intellectual property.

Quick Answer: Can Copyright and Industrial Design Protection Co-Exist in Malaysia?

Generally, not for the same registered design.

Under section 7(5) of the Copyright Act 1987, copyright does not subsist in any design registered under any written law relating to industrial design. This means that once a design is registered as an industrial design, the business should not assume that copyright continues to protect that same design.

But different parts of the same product ecosystem may still be protected by different IP rights. For example, the product appearance may be protected by industrial design registration, while marketing artwork, product photographs, manuals, logos and branding materials may still be protected separately.

Key Takeaway: Do not ask, “Can I have both?” Ask instead, “Which part of my business asset should be protected by which IP right?”

Why Many Businesses Think Copyright Is Enough

Many businesses rely on copyright because copyright protection can arise automatically, without the necessity to spend money for registration.

Under the Copyright Act 1987, copyright may subsist in categories of works such as literary works, musical works, artistic works, films, sound recordings and broadcasts.

For product businesses, the most relevant category is often artistic works such as, a new box design created by a packaging company or drawings of a new chair from a furniture designer.

This is why many founders and designers believe they are already protected. In all these situations, copyright may be relevant.

But there is an important limitation.

Copyright generally protects the expression of an idea, not the idea itself. It may protect the drawing, artwork or rendering. It does not automatically give the business a monopoly over the commercial appearance of the finished product.

That distinction matters.

A drawing of a chair and the chair sold in the market are not always treated the same way. A packaging illustration and the three-dimensional packaging shape are not necessarily the same legal asset. A product rendering and the external appearance of a mass-produced product may require different forms of protection.

Common Mistake: Many businesses assume that because the design process produced copyright-protected drawings, the finished product appearance is also fully protected by copyright. That assumption can be dangerous.

Why Relying Only on Copyright Can Become Dangerous

Copyright can be useful, but it is not always the best protection for product appearance.

When the commercial value of a product lies in how it looks, industrial design registration may be more appropriate.

Under the Industrial Designs Act 1996, an industrial design concerns features of shape, configuration, pattern or ornament applied to an article by industrial process or means, being features which appeal to and are judged by the eye.

In simpler terms, industrial design protection is about the appearance of a product, such as furniture, bottles, containers, or household appliances.

For example, if a furniture manufacturer creates a chair with a distinctive external shape, the business may not merely want to protect the drawing of the chair. It wants to stop competitors from selling a similar-looking chair.

That is where industrial design registration becomes commercially important.

Unlike copyright, industrial design protection is not automatic. Registration is required. But registration gives the business a clearer legal right over the registered design, a public record of ownership, and often a more practical enforcement position when dealing with product lookalikes.

Key Risk: If your product’s market value lies in its appearance, relying only on copyright may leave a gap between what you think is protected and what the law actually protects.

The Surprising Part: Registering an Industrial Design May Affect Copyright

This is the part many businesses do not expect.

A business may think:

“We already have copyright. Let’s also register the industrial design so we have double protection.”

That sounds logical from a commercial perspective.

But Malaysian law does not allow businesses to assume that copyright and industrial design protection can simply be layered over the same registered design.

Section 7(5) of the Copyright Act 1987 provides that copyright shall not subsist in any design which is registered under any written law relating to industrial design.

In practical terms, this means that once the relevant design is registered as an industrial design, copyright may no longer subsist in that registered design.

So you must be careful when identifying what exactly is being protected and what exactly is being enforced.

For example:

A chair design may be registered as an industrial design. The registered design protects the appearance of the chair. At the same time, the company’s product photographs, catalogue, logo and marketing copy may still enjoy separate protection.

Key Takeaway: Industrial design registration is not merely an administrative filing. It can change the legal framework that governs protection of the design.

Section 13A and Section 13B of Copyright Act: Why Product Designs Need Careful Analysis

Section 7(5) is the provision that usually attracts attention, but it should not be read in isolation.

Another Reason Businesses Should Not Rely Solely on Copyright

Many businesses assume that if they own the copyright in a product drawing, they automatically have the right to stop others from making and selling products based on that drawing.

However, the position is not always that simple.

For example, a company may engage a designer to create drawings for a new chair. The company may own the copyright in those drawings. However, that does not necessarily mean the company can rely on copyright alone to prevent others from manufacturing a similar chair.

This is because the Copyright Act 1987 contains special provisions dealing with product designs and industrial manufacture.

For example, Section 13A recognises that copyright in a design drawing does not necessarily prevent others from making an article based on that design. In other words, owning the copyright in a drawing does not automatically mean you have exclusive rights over the manufactured product itself.

In addition, Section 13B reflects the principle that where an artistic work has been commercially exploited through industrial manufacture and sale, copyright protection may become limited over time. Broadly speaking, the law recognises that once a design moves from the drawing board into large-scale commercial production, industrial design law may become the more appropriate form of protection.

The combined effect of Sections 7(5), 13A and 13B demonstrates that product design protection under Malaysian law is more nuanced than many businesses realise.

As a result, if you reply solely on copyright may discover that its protection is narrower than expected, particularly when trying to stop competitors from selling similar-looking products.

This is one reason why businesses should consider their intellectual property strategy before launching a product, rather than assuming that copyright alone will be sufficient.

Practical Takeaway: If your business is preparing to manufacture and sell products based on drawings, sketches, CAD files or artistic works, you should decide early whether industrial design registration is needed.

What The Malaysian Courts Have Said

Malaysian courts have considered the relationship between copyright and industrial design protection in several cases. Two decisions are particularly useful for business owners.

Case 1: Oh Boon Thiam v Yan Ming Agricultural Sdn Bhd

What happened?

The plaintiff had designs for a water sprinkler and clipper. He registered those designs under the Industrial Designs Act 1996. He later sued the defendant for copyright infringement, alleging that the defendant sold products with the same shape and design.

In other words, the plaintiff wanted to rely on copyright even though the designs had already been registered as industrial designs.

Commercially, the plaintiff’s position is easy to understand. He saw a competing product that looked like his product. He wanted to use whatever legal weapon was available.

But the problem was section 7(5) of the Copyright Act.

The issue before the court was whether the plaintiff could still seek copyright protection for designs that had already been registered under industrial design law.

What did the court decide?

The court held that once the owner of a design had elected to treat the design as an industrial design and obtained protection through industrial design registration, copyright could no longer subsist in that design.

The plaintiff’s copyright claim was therefore not maintainable.

Why should business owners care?

This case shows that businesses cannot assume that industrial design registration simply adds another layer of protection on top of copyright.

Once a design is registered as an industrial design, the enforcement strategy should be built around the correct right. If the complaint is really about the appearance of the registered design, the business may need to rely on industrial design rights rather than copyright.

Practical Takeaway for Businesses

Before filing an industrial design application, identify:

• what design is being registered;

• what drawings or works may still remain separate;

• what rights will be used for enforcement;

• whether the business’s future claim is likely to be based on product appearance, artwork, branding or technical function.

Do not register first and analyse later.

Case 2: Alustil Sdn Bhd v Vitally Sdn Bhd

What happened?

Alustil claimed that Vitally had copied and sold a shelf profile. The shelf profile involved technical drawings and a three-dimensional structure. Alustil also had a registered industrial design.

Alustil’s position was that its copyright claim related to broader works, while the registered industrial design covered only part of the overall structure.

This is a common business argument.

A company may say:

“Yes, we registered part of the design, but our copyright claim is broader.”

The court had to consider whether that argument could avoid section 7(5).

What did the court decide?

The court focused on the substance of the claim.

Alustil had pleaded that the defendant’s allegedly infringing shelf profile was the same as or substantially identical to its registered industrial design. Since the alleged infringement concerned what was covered by the registered design, the court held that the plaintiff could not maintain a copyright infringement action in respect of that subject matter.

The court also confirmed that there is no dual protection under copyright and industrial design law for the same registered design.

Why should business owners care?

This case is especially important because it shows that courts may look beyond how the claim is labelled.

A business cannot necessarily avoid section 7(5) by saying that its copyright claim is framed more broadly, if the real complaint is still about the same design protected by industrial design registration.

Practical Takeaway for Businesses

When enforcing rights, how you frame the claim matters.

If the alleged copying concerns the same visual appearance covered by a registered industrial design, a copyright claim may face serious difficulty.

Businesses should therefore prepare their enforcement strategy based on the correct IP right from the beginning.

So Which Protection Should Your Business Choose?

There is no universal answer.

The right strategy depends on what creates value in your business.

If the value lies in artwork, illustration, content or creative expression, copyright may be central.

If the value lies in the visual appearance of a manufactured product, industrial design registration may be more important.

If the value lies in brand recognition, trademark protection may be essential.

If the value lies in technical function, patent protection may be relevant.

If the value lies in know-how, formulas, methods, supplier information or manufacturing process, confidentiality measures and NDAs may be critical.

The mistake is treating all IP problems as copyright problems.

When Copyright Protection May Be More Suitable

Copyright may be more suitable where the business is trying to protect creative expression rather than the commercial appearance of a manufactured article.

For example, if a company creates a mascot for use on packaging, social media, merchandise and advertising campaigns, copyright may be very important.But, the mascot may be registered as trademark too! Read our article on: Should You Copyright or Trademark Your Logo and Mascot in Malaysia?

Advantages of Copyright

Copyright can arise automatically once the legal requirements are satisfied. Registration is generally not required for copyright to subsist.

It can also last longer than industrial design protection in appropriate cases.

It is useful for protecting creative materials that support the product, brand and marketing strategy.

Risks of Relying Only on Copyright

Copyright enforcement often requires proof of ownership, authorship, originality, date of creation and copying.

For many businesses, the legal issue is not whether copyright exists in theory. The problem is whether the business can prove and enforce it in practice.

When Industrial Design Registration May Be More Suitable

Industrial design registration is often more suitable when the commercial value lies in the appearance of a finished product.

For example, a lifestyle container company like Thermos and Hyrdo Flask launch a newly designed bottle should consider whether the bottle’s appearance should be registered as an industrial design.

Advantages of Industrial Design Registration

Industrial design registration creates a formal record of the registered owner and the registered design.

It can provide clearer protection where competitors sell products with a similar appearance.

It may also assist in due diligence, licensing, distribution, franchising, investment and business sale discussions.

A registered right is often easier for commercial partners, investors and acquirers to understand.

Risks of Industrial Design Registration

Industrial design registration requires cost, planning and timing.

The design must generally be new. Public disclosure before filing may create issues, subject to limited statutory exceptions.

The protection is also limited to the registered design. If the registration is too narrow, important variations may be left exposed. If the filing strategy is not properly planned, the business may later discover that the registration does not cover the real commercial risk.

Most importantly, registration may affect copyright protection in the same design.

Common Mistake: Treating industrial design registration as a simple form-filling exercise instead of a strategic decision.

The IP Strategy We Usually Recommend: Start With IP Mapping

The strongest protection strategy is rarely based on one IP right only.

A single product may involve several different assets:

Business Asset	Possible IP Protection
Brand name	Trademark
Logo	Trademark and copyright
Product appearance	Industrial design
Packaging artwork	Copyright
Packaging shape	Industrial design
Technical invention	Patent
Manufacturing process	Confidential information
Supplier and pricing information	Confidential information / NDA
Product photos and brochures	Copyright
Software or app component	Copyright and possibly patent analysis

This is why IP mapping is important.

IP mapping means identifying each intellectual property asset in a product or business and deciding which form of protection is most suitable for each asset.

Instead of asking, “Should we use copyright or industrial design?”, the better question is:

What are all the IP assets in this product, and how should each of them be protected?

For a product company, this exercise should ideally be done before launch.

After launch, the business may already have disclosed the product, dealt with suppliers, shown prototypes, published marketing materials and entered the market. At that stage, some options may become harder, weaker or unavailable.

Common Mistakes Businesses Make

Mistake 1: Assuming Copyright Protects Product Appearance Forever

Copyright may protect certain drawings and artistic works, but it does not necessarily give long-term control over the appearance of a manufactured product.

Mistake 2: Registering an Industrial Design Without Understanding Section 7(5) of Copyright Act

Industrial design registration may affect copyright subsistence in the same design. Filing should be done strategically.

Mistake 3: Using Foreign Legal Advice Without Checking Malaysian Law

Many online articles discuss copyright and design rights in other countries. The Malaysian position must be checked under Malaysian legislation and Malaysian case law.

Mistake 4: Failing to Separate Drawings From Products

The drawing, the CAD file, the prototype, the finished product, the product photo and the marketing brochure may involve different rights.

Mistake 5: Poor Ownership Documentation

This is one of the most common practical problems.

If freelancers, employees, consultants or external designers are involved, the company should ensure that ownership and assignment are properly documented.

Mistake 6: Waiting Until Copying Happens

By the time a competitor copies your product, the most important strategic decisions may already have been missed.

Frequently Asked Questions

Does copyright automatically protect product designs in Malaysia?

Copyright may automatically protect drawings, sketches, renderings, artwork and other creative materials related to a product design, provided the legal requirements are satisfied. However, copyright does not automatically provide the same protection as industrial design registration over the appearance of the finished product.

What is industrial design registration in Malaysia?

Industrial design registration protects the visual appearance of a product, such as its shape, configuration, pattern or ornament, where those features are applied to an article and judged by the eye. It is especially relevant for products where appearance has commercial value.

Can copyright and industrial design protection exist at the same time?

Different IP rights may protect different aspects of the same product. However, under section 7(5) of the Copyright Act 1987, copyright does not subsist in a design registered under industrial design law. Businesses should therefore avoid assuming that copyright and industrial design rights can protect the same registered design at the same time.

Should I rely on copyright or industrial design registration?

It depends on what you are trying to protect. If you are protecting artwork, drawings, brochures or creative content, copyright may be relevant. If you are protecting the appearance of a manufactured product, industrial design registration may be more suitable.

How long does industrial design protection last in Malaysia?

Industrial design registration in Malaysia initially lasts for 5 years from the filing date and may be extended for further five-year terms, up to the maximum period of 25 years under Section 25 of the Industrial Designs Act 1996.

Can one product be protected by copyright, trademark, industrial design and patent rights?

Yes. Different rights may protect different aspects of the same product. A brand name may be protected by trademark, artwork by copyright, product appearance by industrial design, technical inventions by patent, and manufacturing know-how by confidentiality measures.

Final Thoughts: Do Not Treat IP Protection as a Filing Exercise

The real question is not:

“Can I register both copyright and industrial design?”

The better question is:

“What exactly is my business trying to protect?”

For many product-based businesses, the answer will involve more than one form of intellectual property protection.

The danger lies in assuming that one right protects everything, which can lead to enforcement difficulties, ownership disputes, weaker commercial value and missed opportunities.

Need Help Protecting Your Product Design?

Many businesses only start thinking about intellectual property after a competitor launches a similar-looking product.

Unfortunately, by that stage, some protection opportunities may already have been lost.

Whether you are developing a new product, furniture design, packaging design, consumer product, industrial component or commercial artwork, it is often worthwhile to assess your intellectual property position before the product enters the market.

At IP Gennesis, we regularly advise businesses on identifying and protecting the various intellectual property assets within a product, including copyrights, industrial designs, trademarks, patents and confidential know-how.

If you are unsure whether your product should be protected by copyright, industrial design registration, trademark protection, patent protection, or a combination of these rights, feel free to  contact us for a consultation.

A well-planned IP strategy can often be far more valuable than simply filing the wrong application.

Written by,

Sarah Lee

Legal Counsel

LL.B (HONS), LL.M

Advocate & Solicitor of Malaya (Non-practising)

Lawrence Tan  

Registered Trademark, Patent and Design Agent

LL.B (HONS), CLP

Advocate & Solicitor

Disclaimer: The information contained in this article is provided for general informational purposes only and should not be regarded as legal advice. As every business, product and intellectual property portfolio is different, specific legal advice should be obtained before taking any action or making any decision in relation to the matters discussed above.