What does Industrial Design cover?
Any feature that appeals to your eye, including shape, configuration, pattern or ornament applied to an article.
Can I register a door design?
No. You cannot register the normal door shape.
However, patterns applied to the door surface can be registered.
I have designed a school chair and a school desk. How many designs must I register?
One application. Chair and desk are considered as a set of articles. Where they are separately made and sold, you can make 2 applications – more expensive though.
Who can register an industrial design?
Either an individual or a company can apply for a registration. If the Applicant is not the designer, the Applicant needs to state the basis of the ownership.
What are the conditions for Industrial Design registration?
Generally, there are three conditions:-
- (1) the design is not functional or does not depend on another article;
- (2) the design is new in Malaysia; and
- (3) the design is not contrary to public order or morality.
When can a priority claim be made?
The Applicant must apply to other Paris Convention member country within 6 months of the first filing date. A certified copy of the priority document must accompany the application.
What if my priority design application was in France?
A certified translation of the priority document into Malay or English must be provided.
What is a statement of novelty?
The Statement claims what is novel in the design in terms of shape, configuration, pattern and ornament.
How long an Industrial Design registration is valid?
15 years from the filing date i.e. First term (5 years) plus 2 Extendable terms (5 years + 5 years).
How soon can I expect to obtain the registration certificate?
1 to 2 years (for straight forward case).
Do I have any protection before the Industrial Desing is granted?
You have the power to caution and to place others on notice. Once the Industrial Design is granted, retrospective action can then be taken against any infringing party.
|
