Definition:

Industrial design means features of shape, configuration, pattern or ornament applied to an article by any industrial process or means.

Features:

A design must have feature of shape, configuration, pattern or ornament which appeal to and are solely judged by the eye.

It excludes the following features:

• method or principle of construction
• features of shape or configuration
• features of shape or configuration that depend on the appearance of another article, of which the first article is intended by the designer to form and integral part and;
• designs for an article where appearance is immaterial , in the sense that aesthetics are not normally taken into account to any material extent by persons using those kind of articles.

Eligibilty:

The owner of an industrial design is entitled to make an application for the registration of an industrial design. If two or more persons own the interests of the design, all the persons acting jointly are entitled to make an application for registration.

Applicants not residing or carrying on business in Malaysia should nominate an agent in Malaysia to act on their behalf.

Priority:
Applications for priority have to be made within six months from the earliest date of filing.

MALAYSIA INDUSTRIAL DESIGN APPLICATION

1.Searching
This is the first step before an application is made for the registration of a design. Although a prior search is optional it helps in determining the existence of previous marks.

2.Application
Every application is required to contain the following:

• Prescribed number of representations of the article to which the design is applied.
• A statement of novelty in respect of the design
• Prescribed filing date

3.Examination
Applications are examined by the Registrar to ensure they meet all formal requirements within 6 months from the date of filing. The applicant will be required to make amendments or modifications to the application as determined by the registrar.

4. Registration
The design will then be registered subject to the satisfaction of the registrar. The registrar will record the details of the design in his register and issue a certificate of registration to the applicant in a specified form.

5.Publication
Once the certificate is issued the Registrar will cause the registration to be published in the Gazette containing the notice of registration, details of the owner and other related information.

6.Protection
A design once registered is valid for a term of 5 years and will be subject to protection depending on its further renewal

7. Enforcement Remedies
Infringement proceedings are instituted in Courts of law and often contain remedies of  injunction, damages, account of profits and other legal remedies.

Industrial design application in MALAYSIA

* Multiple application is available.