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.
The rest of this article is locked for subscribers only. Please login to continue reading.
If you don't have a login, you will need to purchase a subscription to gain access to this article, including all our online content. Please use this link and follow the steps.
To request a FREE 2-week trial subscription, use the same link but select the 'trial' option in the dropdown box. NOTE - this can take up to 48hrs to be approved.
For multi-user price options, or to check if your company has an existing subscription to us that we can add you to for FREE, please email Atif Choudhury at firstname.lastname@example.org
Malaysia, Industrial Design, IP, Industrial Designs Amendment,