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Industrial Design Registration in Malaysia

Protect Your Unique Designs

Industrial design registration in Malaysia is an essential step for any business that places a high value on the appearance of its products. While functionality is critical, how a product looks can be the deciding factor in a customer’s purchase decision. An eye-catching and unique design can set your product apart from your competitors and contribute to your brand’s recognition and success.
Registering your industrial design provides you with exclusive rights over the aesthetic features of your product. This legal protection means that no one else can produce, import, or sell a product with the same or a substantially similar design without your permission. Consider registering industrial design to protect your product’s unique aesthetic features and to prevent competitors from copying your design yet diluting your unique selling proposition. Once your design is registered, you have legal recourse to take action against anyone who infringes on your rights. Protecting your industrial design can be crucial to maintaining your competitive advantage and ensuring the success of your brand. Get in touch with us today to safeguard the intellectual property and industrial design of your business!

Our services include:

  • Advising on your choice of industrial design and its registrability
  • Industrial design searches and market investigations
  • General advice regarding industrial design filing strategies
  • Preparing, filing and prosecuting Malaysian industrial design application
  • Facilitating the registration of industrial design in other jurisdictions
  • Industrial design watches to identify competitors’ application and registration
  • Managing maintenance and extension of industrial design registration
  • Advising on infringement and invalidation of industrial design registration
  • Negotiating amicable settlement and drafting co-existence agreement
  • Negotiating and drafting license and/or assignment agreement
  • Conducting industrial design due diligence and portfolio management
  • Industrial design valuation

Industrial Design FAQs

Why should I register my industrial design?

Once you have registered your industrial design, you have the exclusive rights in the commercial exploitation of your industrial design, including making, selling, hiring, importing for sell or hire for purposes of any trade or business concerning the registered industrial design, yet preventing any body else from using and making money from it. The owner also holds the right to license the registered design to third parties for commercial purposes, preventing fraudulent activity concerning the protected industrial design from others.

What are the legal requirements for an industrial design registration in Malaysia?

a. information identifying the applicant (s) and the author(s) (Full name, address and nationality);
b. the Appointment of Agent Form (Form ID 10) signed by the authorised person of the applicant;
c. information on how the applicant has derived the right to the design from the author if the applicant is not the author (generally by way of assignment, employment or other agreement);
d. a set of representations of the design (in .jpeg format) with a designation of views to be published;
e. the name of the article;
f. the class and sub-class of the article to which the design is applied (based on the Locarno Classification);
g. a statement of novelty in respect of the industrial design to which the application relates;
h. information regarding any priority claim including Application No., filing date and country(If priority is to be claimed from a priority application); and
i. the priority document, and a certified English translation of the priority document if it is not in English (If priority is to be claimed from a priority application).

How long is the entire industrial design registration process?

The estimated time frame from the filing of anapplication to the issuance of registration certificate for a smoothapplication is approximately nine (9) months to twelve (12) months.

How long is the protection of industrial design?

Your registered industrial design is given an initial protection period of five (5)years from the date of filing and is renewable every five (5) years with prescribed extension fees. The maximum protection period is twenty-five (25) years.

Does the industrial design registration in Malaysia valid for the whole world?

Unfortunately, no. Registration of industrial design is territorial in nature. You will need to apply to each desired country in which you want to pursue industrial design protection.

For more information on industrial designs law, please refer to our Industrial Design FAQs.

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