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Industrial Designs Act 1996

INDUSTRIAL DESIGNS ACT 1996

AKTA REKA BENTUK PERINDUSTRIAN 1996

Act 552 · consolidated to 1 Jan 2013 · 37 pp

Intellectual property rights
This copy of the Act is 13 years old. Any amendment made since 1 January 2013 is not in this text. Check the AGC record for later amendments.
Why it matters

What this does to artists

Protects the look of a mass-produced article: the shape of a chair, the cut and ornament of a garment, jewellery, packaging, a product's form. Registration is required, and novelty is destroyed by disclosure anywhere in the world before you file, so file before you show. There is no grace period for showing your own work; the only six-month exception is an official exhibition or a disclosure someone else made unlawfully.

Watch this

Overlaps awkwardly with copyright. Section 7(6) of the Copyright Act, which used to do this work, has been deleted. Two provisions replace it: s.7(5) removes copyright in a design actually registered under industrial design law, and s.13B cuts copyright back to twenty-five years from the end of the year articles made to the work were first marketed, where the owner industrially exploited it. Designers routinely fall into this gap.

Start here

What to read first

Section numbers read out of the AGC text itself

s.12Registrable industrial design
topicNovelty
s.29Rights of owner are personal property
s.25Period of registration
s.33Infringement proceedings
Full arrangement of sections 50 sections · show / hide

Extracted from the AGC PDF on this page.

s.1Short title, commencement and application
s.2Extent of application
s.3Interpretation
s.4Registrar, Deputy Registrars and Assistant Registrars
s.5Industrial Designs Registration Office
s.6Register of Industrial Designs
s.7Notice of trust
s.8Inspection of Register
s.9Certified copies to be evidence
s.10Ownership of registered industrial designs
s.11Right to apply and obtain registration
s.12Registrable industrial design
s.13Industrial design contrary to public order or morality
s.13ACertain registrations not to be extended or restored
s.14Application for registration
s.15Multiple application
s.16Filing date
s.17Priority date and right of priority under treaty or convention
s.18Withdrawal of application
s.19Amendment of application
s.21Examination
s.22Registration and publication
s.23Registration of the same industrial design in respect of other articles
s.24Rectification of Register
s.25Period of registration
s.26Restoration of lapsed registration
s.27Revocation of registration and grant of compulsory licence
s.28Order of Court
s.29Rights of owner are personal property
s.30Registration of assignment, transmission or other operation of law
s.31Joint ownership
s.32Infringement of registered industrial design
s.33Infringement proceedings
s.34Defence in action for infringement Industrial Designs
s.35Remedies for infringement
s.36Falsification of Register, etc
s.37False representation of registration
s.38Use of title “Industrial Designs Registration Office”
s.39Offences by body corporate
s.40Amendment of registered industrial design
s.41General powers of Registrar
s.42Exercise of discretionary power
s.43Extension of time
s.44Service by post
s.45Agent
s.46Appeal
s.47Regulations
s.48Convention countries
s.49Repeal and saving provisions
s.50Transitional
Who this reaches
Fashion & craftVisual artsDigital & mediaEverything else
Important notice

This page is published by ALIM (Art × Law Initiative Malaysia) as general legal information for Malaysia’s creative communities. It is not legal advice. It does not take your circumstances into account, and reading it does not create a solicitor-client relationship with ALIM or with anyone associated with it.

The law changes. Each Act reproduced here is the Attorney General’s Chambers’ consolidated reprint and carries the date it was consolidated to; amendments made after that date do not appear in the text, and the authoritative version of any Malaysian law is the one published in the Federal Gazette. Subsidiary legislation, state enactments and local authority by-laws may also apply to your situation and are largely outside this library.

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