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Designs |
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Requirements |
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7. Multiple Applications |
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Two or more industrial designs may be the subject of the same application, provided that they relate to the same class of the International Classification for Industrial Designs or to the same set or composition of articles. |
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8. Priority |
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8.1 Any application may pursuant to any international treaty or convention to which Malaysia is a party to may claim the priority of one or more earlier national, regional or international application filed by the Applicant or his predecessor in title. |
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8.2 The Declaration of priority shall specify the date of the earlier application, the number of the earlier application, the class and subclass number in accordance with the International
Classification for Industrial Designs and the name of the country. If the earlier application is an international or regional application, the name of the country or countries and the office with which the application was filed. If the Registrar so requests, a certified copy of the earlier application will need to be submitted within three (3) months from the date of the request by the Registrar. [Regulation 14(5)]. |
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9. Terms & Rights |
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9.1 Terms |
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The registration of an industrial design shall be deemed to have come into force on the filing date of the application for registration of an industrial design. |
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The registration shall subsist for 5 years with possible extensions of 2 further five-year periods. |
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9.2 Rights |
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The owner of a registered industrial design shall have the exclusive right to make or import for sale or hire, or for use for the purposes of any trade or business, or to sell, hire or to offer or expose for sale or hire, any article to which the registered design has been applied. |
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10. Assignment and Transmission |
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10.1 The rights of the owner of the registered design are capable of being assigned or transmitted. |
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10.2 No assignment, transmission or other operation of law in respect of a registered industrial design shall have an effect against any third parties, unless recorded in the Register. |
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11. Infringement Proceedings |
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11.1 The owner of the registered industrial design shall have the right to commence infringement proceedings. |
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11.2 Infringement proceedings may not be instituted after 5 years from the act of infringement. |
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11.3 Infringement proceedings can be commenced by a person other than the registered owner, provided that it can be proved that a request was made to the registered owner, and the registered owner has failed/refused to institute proceedings within three months from the receipt of the request. |
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12. Innocent Infringement |
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12.1 The Court may refuse to award damages, or to make an order for an account of profit if the Defendant can show the Court that: |
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(a) he was not aware of the registration
(b) and that all steps had been taken to ascertain whether the industrial design had been registered. |
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12.2 It would therefore be advisable that upon the registration of the industrial design, an advertisement be published in a newspaper. |
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13. Amendment of Application |
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The Applicant may request the amendment of an application, provided that the amendment does not increase the scope of the application. |
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14. Divisional Application |
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If the amendment results in the exclusion of one or more industrial designs from the initial application, the Applicant may at any time during the pending period of the initial application, divide the initial application into a further application. |
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15. Withdrawal of Application |
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The application for registration of an industrial design may, by notice in writing to the Registrar be withdrawn at any time. |
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Note: The withdrawal is irrevocable |
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16. Rectification of Register |
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16.1 Any aggrieved person may apply to the Court for the rectification of the Register. |
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16.2 A notice of the application must be given to the owner of the registered industrial design. |
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16.3 The owner may elect to oppose the application by filing in the prescribed form and paying the prescribed fee. |
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Note: An owner who does not file a notice of opposition shall be deemed to have no objection |
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17. Revocation of Registration and Grant of Compulsory License |
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17.1 At any time after the registration of an industrial design, any person may apply to the Court for: |
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(a) the revocation of the registration on the ground of novelty or;
(b) cancellation of the registration on the ground the registration of the industrial design has been unlawfully obtained;
(c) a compulsory license on the ground that the industrial design is not being applied in Malaysia by any industrial process or means to the article. |
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17.2 The application has to be made by notice of motion. |
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17.3 The application must be made within one month of the publication in the Gazette. |
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17.4 A copy of the application must be given to the Registrar. |
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