Industrial design registration in Malaysia

The number of industrial design applications in Malaysia has been increasing recently thanks to the growing economy. In Malaysia, there exists a separate sector, namely the Halal industry, Malaysia is one of the leading centers for the production and export of Halal products. The development of industrial designs for Halal products, including food, beverages, cosmetics, and pharmaceuticals, can provide a competitive advantage in the global market. Malaysia has strengths in agriculture and the food processing industry, so industrial designs for agricultural machinery, food processing equipment, and agricultural product packaging can help improve productivity and product quality. Therefore, more and more individuals and organizations need to register industrial designs, Viet An Law would like to guide customers to preliminarily register industrial designs in Malaysia through the article below.

Legal Basis

• Industrial Designs Law 1996 (Act No. 552, amended to Act No. A1449)

Definition of Industrial Design in Malaysia

In Malaysia, an industrial design is defined in the Industrial Designs Act 1996 (Act 552) as:

“Industrial design” means the features of shape, configuration, pattern or decoration applied to an article by any industrial process or means, which are features that in the finished product are attractive and evaluated with the naked eye;

This concept refers to the aesthetic or decorative aspect of a product created by industrial processes and includes aspects such as:

• Shape: The overall appearance or outline of the product.
• Configuration: The arrangement of parts or elements inside the product.
• Pattern: A design or pattern that repeats on the surface of a product.
• Decorative: The decorative features are applied to the product.

Conditions for registration of industrial designs in Malaysia

• Novelty: The design must be new, which means that it has not been disclosed to the public anywhere in the world before the date of application. This includes using, selling, displaying or publishing to the public.
• Industrial applicability: The design should be able to be mass-produced using an industrial process, i.e. the design should not be limited to handmade products or single production.
• Aesthetics: The design must be attractive and evaluated with the naked eye, which means that it must also be related to the aesthetic appearance of the product, not just its function.
• Not contrary to public order or morality: Designs must not be contrary to public order or morality, at the discretion of the Director of the Industrial Design Bureau.

Types of industrial designs that can be registered in Malaysia

• Two-dimensional (2D) designs: These designs relate to the appearance of a flat surface, such as patterns, graphics, or decorations that are applied to products such as textiles, packaging, or wallpaper.
• Three-dimensional (3D) designs: These designs relate to the shape or configuration of a product, such as the shape of a chair, bottle, or vehicle.
• Combining 2D and 3D Designs: This category includes designs that combine both two-dimensional and three-dimensional features, such as the overall shape of the product with a unique pattern applied to its surface.

In addition, Malaysia allows registration:

• Partial Designs: These styles cover only one or a specific part of an item, such as the handle of a tool or the design of a button on a garment.
• Item Set: This refers to a group of items that are intended to be used together and share a unified design concept, such as a dining table set or a collection of furniture.

Industrial Design Search in Maylaysia

Search through MyIPO

The Malaysian Intellectual Property Corporation (MyIPO) provides an online search platform for registered industrial designs. Users can search by model number, applicant’s name or keywords via the link below: https://www.myipo.gov.my/en/search-industrial-design/

ASEAN DesignView

It is a regional database that allows users to search for industrial designs registered in ASEAN member states, including Malaysia.

DesignView

It is a global database maintained by the World Intellectual Property Organization (WIPO) that provides access to design data from participating offices around the world, including Malaysia.

Industrial Design Registration Dossier in Malaysia

• Application Form: The application form includes the following information:
  • Name, address, nationality and contact information of the applicant (and representative, if applicable);
  • Title of industrial design;
  • Specifies the products to which the style will be applied (Product Type).
  • International Classification Code for Industrial Designs (Locarno Classification).
• Representative image of the style:
  • Drawings, photographs, or other graphic images of the design.
  • These images need to clearly represent all angles of the style (front, back, side, top, bottom, perspective, etc.).
  • A maximum of 7 images can be submitted.
• Priority documentation (if applicable): If a priority claim is from a previous application filed in another country, the applicant will need to submit a certified copy of the previous application.
• Power of attorney (if applicable): If the applicant files through a representative (e.g., attorney or intellectual property representative), the applicant will need to provide a power of attorney that allows them to act on behalf of the applicant.
• Other documents, if any:
  • Copyright claim (if the applicant is not the creator of the design).
  • The transfer document (if the rights to the design have been transferred).

Process for Processing Industrial Design Applications in Malaysia

After filing, MyIPO will conduct an examination of the industrial design application

• Formal Examination: MyIPO will conduct formal due diligence to ensure that the dossier meets the requirements for filing and does not violate the conditions for granting an industrial design.
• Publication: If the dossier has been successfully appraised, it will be published in the Official Gazette of Industrial Property.
• Opposition period: The opposition period is three months from the date of publication, during which third parties can file an objection to the registration.
• Registration and issuance of certificates: If no objections are filed or if the objections are resolved, MyIPO will register the industrial design and issue a certificate of registration.

Industrial design registration services in Malaysia by Viet An Law Firm

• Perform the search and notify customers in writing of the results of industrial design search in Malaysia;
• Drafting dossiers and directly filing and monitoring the status of industrial design applications filed on behalf of industrial design owners in Malaysia;
• Notifying, advising and handling deficiencies/refusals of competent State agencies (if any) in the process of monitoring industrial design applications in Malaysia;
• Assist in monitoring and representing the resolution of objections and feedback to the intellectual property representative carrying out procedures in Malaysia.
• Receive official dispatches, certificates and hand over to customers (if any).

If you wish to file an application for registration of an industrial design in Malaysia, please contact Viet An Law Firm for the most effective support.