Industrial Designs
Fundamentally, industrial design is created for one ultimate purpose, which is to increase the value of a product.
When a good design is applied onto a product to improve it ergonomically and aesthetically, a couple of things are achieved indirectly. First, the marketability of the product is increased, and second, the brand of the product is built and developed. Ultimately, combination of all the identified elements will lead to increase in sale and the value of the product.
In the above scenario, it is only sensible if the design is well protected to prohibit illegal exploits by any other party. This is where we intervene, specifically to help you to protect your industrial design. We are able to provide you with the accurate advices in how best to protect your industrial design and at the same time minimizing the costs involved. With years of experience, rest assured that your industrial design is in good hand and well taken care of.
If you require our assistance with respect to industrial design, please feel free to contact us. We will be delighted to hear from you.
What is an industrial design?
In essence, an industrial design is the decorative or artistic aspect of an article. It can refer to either a three dimensional feature (e.g. shape and configuration) or a two dimensional feature (pattern and ornamentation) that is applied to the article by an industrial process.
What is an article?
An article is a manufactured or handcrafted item, and includes any part of that item which is made and sold separately.
What are the criteria for getting an industrial design registration?
In short, an industrial design must be new and has not been made available or disclosed to the public before the application filing. Further, it must meet the definition of design as dictated in the Malaysia Industrial Designs Act 1996.
What cannot be covered and protected under industrial design?
An industrial design cannot be registrable if:
-
the definition of design is not met;
-
it is a method or principle of construction;
-
it is purely utilitarian;
-
the design is contrary to the public order or morality;
-
the design is applied to an article that is dependent on the appearance of other articles; or
-
the design is applied to an article that is integral part of other articles.
What is the protection duration of an industrial design registration?
Once an industrial design is registered, the initial protection lasts for 5 years and extendable every 5 years thereafter. Nonetheless, the maximum term of protection is 25 years from the date of filing.
What are the rights of an industrial design owner?
An industrial design owner will be conferred exclusive rights to the registered design to forbid other people from exploiting the registered design without prior consent of the owner. Hence, the owner is permitted as the only person to exploit the registered design including assigning the proprietorship to another party.
How to protect your industrial design in other countries?
Like any other intellectual property, industrial design protection is territorial. In other words, you will have to file a new industrial design application, claiming priority from your initial industrial design application, in each country that you wish to extend the protection to. This foreign industrial design application must be filed within six months from the date of filing of your initial industrial design application.