Industrial design rules brought up to date


Chew Kherk Ying and Chen Hong Sze

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.

Malaysia, Industrial Design, IP, Industrial Designs Amendment,