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Designs |
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Requirements |
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Design/ Requirements |
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1. Introduction |
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The Malaysian Industrial Designs Act 1996 (hereafter referred to as the “IDA 1996”) came into force on September 1, 1999, together with the Industrial Designs Regulations 1999. The coming into force of the IDA 1996 repeals the previously applicable Malaysian laws relating to registered industrial designs, namely United Kingdom Designs (Protection) Ordinance 1949 (West Malaysia) (Act 214), United Kingdom Designs (Protection) Ordinance of Sabah (Cap 152) and the Designs (United Kingdom) Ordinance of Sarawak (Cap 59). |
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There is now an administrative set-up in Malaysia for the processing and examination of industrial design applications.
Transitional Provisions |
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Granted Industrial Designs: Any registration protected under the United Kingdom Designs (Protection) Act 1949 shall subject, to the terms, conditions and period of validity specified in the registration, continue in force and have the like effect as if it had been granted under the IDA 1996. |
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Pending Applications: Where prior to September 1, 1999, any application was filed in the United Kingdom, and is pending registration, the applicant may within a period of 12 months make an application for the registration of the industrial design under in Malaysia under the IDA 1996. |
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2. The Filing in Malaysia for an Industrial Design |
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2.1 Filing Particulars Required |
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(a) Name, address, nationality and residence of applicant(s). |
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(b) Name and address of author(s). |
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(c) Statement Justifying the Applicant’s Right to the Registration. Where the applicant is the author, the application shall contain a statement to that effect. Where the applicant is not the author, the application shall specify the author’s name and address, and shall explain how the applicant acquired the right to the registration. [This may be an informal explanation, which we shall use as a basis to prepare the Statement]. |
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(d) Priority Claim (if any) Paris Convention country, filing number, filing date and the International Classification for Industrial Design allotted. Certified copy of the priority application is not required. |
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(e) The class or sub-class of the International Classification for Industrial Design. |
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(f) Application for Registration of an Industrial Design [Industrial Design Form 1]. |
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(g) Six (6) Representations. |
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(h) Prescribed filing fee. |
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(i) Statement of Novelty. A statement relating to the representation of an article to which the industrial designs is applied that indicates those features of the representation in which novelty is claimed.
We shall prepare the Statement of Novelty. |
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(j) Common Representative/Appointment of Industrial Design Agent [Industrial Design Form 10]. |
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Note: The appointment of an Agent is mandatory where the applicant’s ordinary residence or principal place of business is outside Malaysia |
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Upon complying with the above (a) to (j), a filing date will be accorded by the Registrar. |
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3. Physical Requirements of an Industrial Design Application |
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3.1 Language |
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English language is the only other acceptable language besides the national Malay language. Where the application or any document forming part of an application is in another language, a certified translation and the name of the language shall accompany the application. |
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3.2 Documents |
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• Must be in strong A4 size paper (29.7cm x 21cm)
• Written on one side only
• Free from cracks, creases or folds
• Must be able to admit direct reproduction by photography, electrostatic process, photo offset and microfilming, with representations appearing on one side with a left hand margin of approximately 3 cm. |
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3.3. Representations |
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• Where Representations comprise of specimens, the specimens must not exceed 20cm x 20cm x 20cm.
• The specimens may be replaced by Representations comprising of drawings, tracings or photographs. The photographs and drawings shall be of a size of 12.5cm x 9cm
• In an application where words, letters or numerals appear in an industrial design, the Registrar may require that a disclaimer of any right to their exclusive use shall appear on each representation. |
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3.4 Numbering of Industrial Design |
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Each industrial design shall be given a number. The numbering shall appear in the margin next to each representation. |
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3.5 Statement of Novelty |
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The Statement of Novelty shall appear only on the front of the first sheet of each representation. Where the Registrar feels that it is impracticable to do so, the statement will appear at a place specified by the Registrar, and shall be separated from any other statement or disclaimer. |
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3.6 Disclosure to be Disregarded as Prior Disclosure |
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Where the applicant knows at the time of filing, any disclosure which can be disregarded, it shall be stated in a statement accompanying the application or notifying the Registrar in writing as soon as practicable. |
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Note: These are formal requirements for the purposes of the IDA 1996 |
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