COUNTRY : MALAYSIA
CAPITAL : KUALA LUMPUR
LANGUAGE : BHASHA MALAYSIA & ENGLISH
MEMBER : WIPO-TRIPS, PARIS CONVENTION
Following can file Design Applications:
a). Author of the Design
b). Employer of the author if Design made during course of employment
c). Person contracting the author to make the design
d). Person to whom the author has assigned the design in writing.
• Copy of the drawings;( six views such as front, rear, left side, right side, top plan and bottom plan views. And additional drawings such as perspective and cross-sectional views also may be submitted) - photographs in jpg format
• The full name and address of each creator;
• The full name and address of each applicant;
• The name of article to which the design is applied;
• The filing date, application number and country of the priority application; and
• The priority document
• Statement of Novelty in respect of the articles to which industrial design is applied to. However, not required while registering wallpaper, lace or textile articles.
• Full payment of fees.
Statement of Novelty: Novelty refers to originality, something new or unusual. In this context, if the Patent Office so deems necessary, may direct the applicant to endorse the application and the representations with a brief statement of novelty that he claims over the designs so submitted for registration.
Prior Disclosure destroys novelty of the Design so extreme care has to be taken to maintain secrecy of the Design.
An ordinary application does not claim priority.
To come under the scope of registration, a Design should:
The following kinds of Designs are not registrable:
• A method of construction
• An idea
• The materials used in the construction of an article
• The function of an article
• Designs which are not new or original
• Designs which have been disclosed to the public anywhere in the world by publication in a tangible form or by use or in any other way prior to the filing date.
• Designs which are not significantly distinguishable from known designs or combination of known designs or
• Designs comprising or containing scandalous or obscene matter.
Upon receipt of the application, it is numbered and dated. Formalities examination is carried out. If any defects are noticed during examination, the same are notified to the applicant for rectification within the stipulated time and if the defects are not removed accordingly, the application will be deemed abandoned.
Post examination, Registrar satisfied about compliance of the requirements, shall:
The protection of the design is for 5 years calculated from the Filing Date and is extendable for another four consecutive terms of 5 years. (Total 25 Years)
WHY PROTECT DESIGNS IN MALAYSIA? Patent law deals in ‘behind the scenes’ aspects of a company or organization as it deals with inventions that are not easily accessible by the general public. Designs along with Trademarks on the other hand, are the ‘visual medium’ which aid in brand projection, recognition, association and retention by existing and potential customers. To prevent rivals from copying industrial designs, it is therefore an important and strategic aspect in the protection of intellectual property rights. Therefore, as with all IP, it is better to begin protection of designs at the earliest before disclosure with the general public.