1) |
What is an industrial design ? |
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An industrial design consists of features of shapes, configurations patterns or an ornament applied to an article by industrial processes or means which in the finished article appeals to and is judged by the eye. Articles which are commonly registered are containers, pens, furniture, lamp shapes, vases, foodstuffs packaging, etc. |
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2) |
What is the requirement for filing an industrial design? |
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To be registrable, an industrial design must be new in Malaysia, i.e. the design must not have been disclosed to the public prior to the filing; it must also fulfill the design definition and not be contrary to public order or morality. |
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3) |
Why should you register your industrial design? |
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Registration of an industrial design gives the owner exclusive rights to make or import for sale or hire, or for use the purposes of any trade or business, or to sell, hire or to offer or expose for sale or hire, any article to which the registered industrial design has been applied. |
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4) |
How long does protection last when an industrial design is registered? |
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The protection lasts initially for 5 years from the filing date of the application, but by paying extension fees you may keep it in force for two further consecutive terms of 5 years each. |
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5) |
What are the remedies for infringement of an industrial design? |
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Section 35 of the Industrial Design Act 1996 states that on the registered industrial design owner proving infringement, the court may award damages or compel the infringer to account for profits, make delivery up to of infringing articles and may grant an injunction to prevent further infringement. |
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6) |
Can I still protect my industrial design under the Copyright Act with the implementation of the Industrial Design Act 1996 and the Copyright (Amendment) Act 1996 in Malaysia? |
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The Copyright (Amendment) Act 1996 has removed copyright protection for works which need to be registered under the Industrial Design Act 1996. Sect. 7(6) of the said Act further provides that as soon as any article to which the design has been applied and has been reproduced more than 50 times by an industrial process, the design shall cease to be protected under the Copyright (Amendment) Act 1996. |
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7) |
Do I have any protection in Malaysia if I do not register my design with the Malaysian Intellectual Property Office (MyIPO)? |
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If your industrial design is not registered with the Malaysian Intellectual Property Office (MyIPO), you will not be able to obtain any legal or even common law protection if your said design is being infringed. |
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8) |
Does an industrial design registration in Malaysia extend to overseas? |
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No, a registration in Malaysia only gives protection in Malaysia. |
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9) |
When should I apply to register an industrial design? |
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You should apply to register your industrial design before you disclose your design to the public. |
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