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Malaysia industrial design registration and application have done the latest statistic information by local Malaysians and foreigners, there was increased exceedingly from 268 cases in year 1999 to 4,054 cases in year 2013. Through this statement, a lot of local people and foreigners would like to apply and register their industrial design in Malaysia because there are some benefits that they can enjoy and protect their industrial design in Malaysia. Kindly refer to Malaysia industrial design registration advantages or Malaysia industrial design registration requirements for further details.

What is Malaysia Industrial Design?

An industrial design consists of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color. In Malaysia, Intellectual Property Corporation of Malaysia (MyIPO) is the government department which is responsible to monitor all the provisions of the IP legislation and provide some services to all the applicants such as registration services on IP, helpdesk, and etc.

Why protect Malaysia industrial design?

Malaysia industrial designs are what make a product attractive and appealing; hence, they add to the commercial value of a product and increase its marketability. Once the industrial design registration has been done and protected under Intellectual Property Corporation of Malaysia (MyIPO) in Malaysia, it will assist to ensure a fair return on investment. An effective system of protection also benefits consumers and the public at large, by promoting fair competition and honest trade practices. Protecting industrial designs also helps economic development, by encouraging creativity in the industrial and manufacturing sectors and contributes to the expansion of commercial activities and the export of national products.

What are the conditions of the design to be met for Malaysia industrial design registration?

For the requirements of industrial design before register in Malaysia, the industrial design must be new to the market in Malaysia without disclosed to the public in Malaysia when the applicant is filing the application for his or her industrial design registration. Moreover, it must not be registered or filed by the other applicant in Malaysia.

However, there are few circumstances that the industrial design may not be successfully registered under Intellectual Property Corporation of Malaysia (MyIPO) in Malaysia. Firstly, the industrial design does not meet the requirements of novelty, originality or individual character. Secondly, the industrial design is considered to be disclosed to the public before register it in Malaysia and therefore it may not be able to register with Intellectual Property Corporation of Malaysia (MyIPO). Thirdly, the industrial designs of the articles concern exclusively by stating how an article functions and it is considered as a non-registrable industrial design. Next, the applicant cannot proceed to register the industrial design because it is consisting of the integral parts of other articles and whose features are dependent upon the appearance of other article. Lastly, if the methods or principles of construction included in the industrial design will cause the failure in industrial design registration in Malaysia as well.

How long is the period of the Protection of Malaysia Industrial Design?

A registered industrial design is given an initial protection period of 5 years from the date of filing and there is extension period for four further consecutive terms of 5 years each in Malaysia. In addition, the maximum protection period for industrial design is 25 years.

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