An Industrial Design deals with the original ornamentation of any article of manufacture. This includes any shape, feature or ornamentation, the object of which produces an aesthetic effect. Functional or utilitarian features may not be the subject of an industrial design but may be the subject of a patent.
What is an industrial design?
An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features such as the shape and configuration of an article, or two-dimensional features, such as pattern and ornamentation. The design features must be applied to an article by any industrial process or means of which the features in the finished article appeal to eye.
When should one file for registration ?
As claims are based on a “first-to-file” rule basis, filing of an industrial design should be made at the earliest possible time or before an article is disclosed to the public. Prior disclosure will destroy the novelty of the design. So extreme care should be exercised to ensure secrecy of the design.
What rights does a registered design confer ?
A registered industrial design confers the owner of a registered design the exclusive right to make, import or sell or hire out any article to which the design has been applied. Other users should obtain the consent of the rightful owner before using the design. The owner of a registered design has the right to take legal action against an infringer within 5 years from the act of infringement.
How long is the period of protection ?
A registered industrial design is given an initial protection period of 5 years from the date of filing and is renewable for a further two consecutive terms of 5 years each.
How extensive is industrial design protection ?
An industrial design registered in Malaysia is only protected in Malaysia . In order to have your designs protected in other countries, applications for registration will have to be filed within six month from the earliest date when it was first filed in any of the Paris Convention member countries.
Sources referred from: MYIPO