What is an industrial design?
According to the Industrial Designs Act 1996, an “Industrial Design” refers to the features of shape, configuration, pattern, or ornament applied to an article using industrial processes or means. These features, when incorporated into the finished article, appeal to and are judged by the eye. Industrial designs are not limited to purely ornamental or artistic creations but also include functional designs applied to utilitarian items such as nuts, bolts, screws, kitchen utensils, and various other everyday products.
What is a Registrable Industrial Design?
To be considered a Registrable Industrial Design, it must meet the definition of an industrial design as per the law in the first paragraph. Additionally, it must be new in Malaysia or anywhere else, meaning the design’s novelty lies in its shape, configuration, pattern, or ornamentation. The design must not contradict public order or morality.
What characteristics can be protected under industrial design?
The law protects the following characteristics:
- Shape and Configuration
- Pattern and Ornamentation
- Combination of both
What is NOT considered an ‘industrial design’?
The following are not classified as industrial designs:
- Methods or principles of construction
- Features dictated solely by function
- Features dependent on the appearance of another integral part of the article
- Designs that differ only in immaterial details or features
- Designs lacking a clear aesthetic appearance
Who owns the industrial design?
The original owner of an industrial design is considered to be the author.
If an industrial design is created through a commissioned work for monetary compensation, the person commissioning the design becomes the original owner, unless otherwise mutually agreed. For example, if an employee creates the industrial design during their employment, the employer will be treated as the owner, unless specified differently in an agreement.
In cases where a computer generates the industrial design with no human author, the person responsible for arranging the design’s creation will be recognized as the author.
Nevertheless, the original owner has the option to assign their interest in the industrial design, in whole or in part, to another person through a written agreement. In such a case, the other person will be treated as the original owner of the industrial design.
How long can I register the Industrial Design for?
The registration of an industrial design lasts for five years. However, it can be extended for four additional consecutive terms of five years each by submitting an application for extension and paying the prescribed extension fee before the current term expires.