Industrial Design

Industrial Design Protection & Registration
In Malaysia, ASEAN & Worldwide

Secure Your Industrial Design With Quality Oracle

What is Industrial Design?

Industrial Design rights protect the ornamental or aesthetic aspects of a product, which results from features such as shapes, colours or materials.

An industrial design comprises aspects of shape, configuration, pattern or ornament applied to an article by any industrial process or means. Article in this context refers to:

  1. Any article of manufacture or handicraft, including any part of such article or handicraft if that part is made and sold separately;
  2. A set of articles;
  3. Each article in a set of articles;
  4. Both set of articles and each article in that set, as the case requires.

Industrial Designs Act 1996
& Industrial Designs Regulations 1999

Intellectual Property Trademark Patent Industrial Design Copyright Malaysia Singapore Registration Application

The main legislation governing Industrial Designs in Malaysia are the Industrial Designs Act 1996 and Industrial Designs Regulations 1999. The first to file system applies in Malaysia, whereby the first individual to file the Industrial Design shall be the owner. Under the Industrial Designs Act 1996, Industrial Designs in Malaysia must have worldwide novelty.


Locarno Classification

Intellectual Property Trademark Patent Industrial Design Copyright Malaysia Singapore Registration Application

Malaysia is a member of the Locarno Agreement and thus utilises the Locarno Classification. The Locarno Classification is an international classification used for the purposes of registration of industrial designs.


How Can We Help You Protect Your Industrial Design?

Our team of Intellectual Property professionals administer a wide range of tasks relating to Industrial Design protection. We can assist you with:

✔ Industrial Design Searches
✔ Industrial Design Licensing
✔ Industrial Design Portfolio Management
✔ Industrial Design Renewal
✔ Industrial Design Sale & Transfer
✔ Industrial Design Registration in Malaysia, ASEAN & Worldwide


Industrial Design Protection & Registration FAQ

The owner of a registered industrial design has the exclusive rights to make, import for sale or hire, for use for the purposes of any trade or business, to sell, hire or to offer, or to expose for sale or hire any article relevant to the registered industrial design. The owner holds the right to license the registered design to third parties for commercial purposes, which prevents fraudulent activity concerning the protected design from other individuals.

An industrial design can only be registered if it is new. In this context, an industrial design will not be considered as new if prior to the priority date of that application immaterial details or features commonly used in the relevant trade is the only distinguishing factor between the two designs: (1) Was disclosed to the public anywhere in Malaysia or elsewhere, or (2) Was the subject matter of another application for registration of an industrial design filed in Malaysia but having an earlier priority date made by a different applicant.

An industrial design cannot be registered if it opposes public order or morality.

Under the Industrial Designs Act 1996 that was updated in 2013, the term of protection of a registered industrial design has been increased from 15 to 25 years in Malaysia.

The initial registration of an industrial design is valid for five years, beginning from the filing date of the industrial design application. If each application is made before the expiration of the present term, the industrial design registration can be renewed for four further consecutive terms of five years each, making the total duration of protection 25 years.


Resources