The Malaysian position with respect to industrial designs has finally caught up with other international jurisdictions.
Worldwide novelty rather than local novelty is now required for the registration of new designs in Malaysia.
The Industrial Designs (Amendment) Act 2013 (amending act) which came into force on July 1, 2013 now provides that the consideration of public disclosure is no longer limited to Malaysia. As such, an applicant would need to prove worldwide novelty in order to successfully apply for registration of an industrial design.
It should be noted however, that an industrial design shall not be deemed as disclosed to the public if within the six months preceding the filing date of an application for registration, it appears in an official or officially recognised exhibition or has been disclosed by a person other than the applicant or his predecessor in title as a result of an unlawful act committed by that person or another person.
To continue reading, you need a subscription to WIPR. Start a subscription to WIPR for £455.
In-house feature articles, the archive and expert comment require a paid subscription. Subscribe now.
Want to give it a try? We are offering a two week free trial to the WIPR website – register and select “Free Trial” to begin access to the full WIPR archive and read the latest news, features and expert comment. Begin your free trial here.
Is your 2 week free trial about to end? Upgrade to a 12 month subscription for £455 now.
If you have already subscribed please login.
If you have any technical issues please email James Lynn on email@example.com.
Malaysia, Industrial Design, IP, Industrial Designs Amendment,