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Designs |
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Requirements |
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4. Prosecution of an Industrial Design Application |
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4.1 Accord of Filing Date |
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Upon receipt of the application for registration of an industrial design, the Registrar shall accord a filling date upon being satisfied that: |
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(a) the documents filed identify the applicant or applicants
(b) the prescribed number of representations have been filed
(c) the prescribed filing fee is paid. |
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If the above conditions are not met, the applicant will be notified. The correction must be made within three (3) months. Upon making the correction, the filing date accorded will be the date of the receipt of the required correction. |
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Note: Failure to do so and/or to comply within the three-month period will render the application null and void. The Registrar shall notify the applicant in writing. |
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Once a filing date is accorded, the Registrar shall send the applicant a Certificate of Filing in the form of a copy of the application form with the filing date and application number on it. |
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4.2 Examination of Formal Requirements |
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There is no examination on the merits of the application. The Registrar will examine the application to determine whether the formal requirements have been met. |
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If the Registrar determines that the formal requirements have not been met, the Applicant shall be given an opportunity to make the necessary amendments. In the case of a multiple applications, the part(s) of the application, which do not comply, may be excluded from registration. |
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The Registrar shall notify the Applicant in writing of his decision. If within the specified period of 3 months from the date of the application, the Applicant fails to satisfy the Registrar that the formal requirements have been met or to amend the application, the Registrar may refuse to register the industrial design. |
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The Registrar shall not refuse the application without first giving an opportunity to the Applicant to be heard. |
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Note: However, if the application is unable to be effected within 12 months from the date of the application and this is due to the default or neglect of the applicant, the application will be deemed withdrawn. |
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5. Registration of Industrial Design |
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When the Registrar is satisfied that the formal requirements have been met, a Certificate of Registration will be issued. [Section 22 of the IDA 1996]. |
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The Certificate of Registration shall contain the following particulars [Regulation 20]: |
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(a) the Registration number
(b) the Registration date
(c) priority Date(s)
(d) the filing date
(e) the date of issue of the Certificate
(f) articles or set of articles in respect of which the Industrial Design is registered. |
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The Registrar will also have in the Gazette published: |
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(a) A notice that the industrial design has been registered
(b) The name and address of the registered owner
(c) Any other matter constituting or relating to the industrial design, which in the Registrar’s opinion is desirable to publish. |
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6. Registrability of an Article for Industrial Design |
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6.1 Industrial Design |
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An industrial design is defined in the IDA 1996 as being features of shape, configuration, pattern or ornament applied to an article by any industrial process or means, being features which the finished article appeal to and are judged by the eye, but does not include: |
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(a) a method or principle of construction; or
(b) features of shape or configuration of an article which |
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(i) are dictated solely by the function which the article has to perform; or
(ii) are dependent upon the appearance of another article of which the article is or design is intended to form an integral part. |
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6.2 Article |
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An article is defined as being any article of manufacture or handicraft, and includes any part of such article or handicraft if that part is made and sold separately. A design is not for the article, but for something, which can be applied to the article, i.e., features of shape and configuration, pattern or ornament. |
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6.3 Function of Article |
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If the feature of shape and configuration purely serve a function, the article is not capable of being registered as an industrial design. |
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6.4 Judged by the Eye |
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The features of shape and configuration, pattern or ornament must have consumer or customer eye-appeal. |
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6.5 New |
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The industrial design seeking registration must be new. The industrial design in question is not considered new if it or an industrial design differing only in immaterial details or has features commonly used in the relevant trade was: |
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(a) made known to the public in Malaysia before the filing date of the application or; |
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(b) was the subject of another industrial design application in Malaysia, but having an earlier filing date. |
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6.6 Statutory Exemptions |
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An industrial design will not be considered as being made known to the public in Malaysia, if the application is filed within 6 months of the earliest date of disclosure, and that the disclosure was due: |
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(a) to an official or officially recognized exhibition or;
(b) that there was an abuse to the Applicant’s rights. |
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