SummaryDefinition:
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.
ProceduresMALAYSIA 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. ChargesIndustrial design application in MALAYSIA | Items | Official Fees (USD) | Professional Fees (USD) | 1. Filing Application -Additional filing fees for additional design - USD 270
| 285
| 200 | 2. Publication Fees (7 views)
| 140
| - | 3. Issuance of Certificate
| -
| 150 | TOTAL
| 425
| 350
|
* Multiple application is available. Documents Required For Filing INDUSTRIAL DESIGN APPLICATION| Documents | Legalization/ Notarization | Time of Filing | 1. Six (6) sets of representations must be drawings or photographs and shall be a size of not more than 160mm X 160mm.
| No | On filing date | | 2. Power of Attorney | No | Within 1 month from filing date
| 3. Priority Document (if claiming priority)
| No
| Within 3 months upon request by the Registry
|
Maintenance Fees Of Industrial Design| Items | Official Fees (USD) | Professional Fees (USD) | Second renewal i) Single design Each additional design | 200 100 | 270 270
| Third renewal i) Single design Each additional design | 270 135
| 350 350
|
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