What are industrial designs?
Industrial designs protect the shape of your products.
It could be a 3-D shape (shape & configuration) or a
2-D feature (pattern & ornamentation).
It differentiates your product from other similar products, and prevents others from utilizing similar shapes of products.
Why are industrial designs important?
As with all other IP rights, industrial designs protection grants the owner the exclusive right to exploit the design for a maximum of 25 years.
Exclusive Rights through Registration
They Help Sell Products
With a unique shape/configuration or pattern/ornament on your product, people will be drawn towards your product due to its aesthetic design and attractive appeal. This unique design also helps to differentiate your product from that of your competitor.
With consumers often shopping with their eyes first, having an attractive design that only you possess gives you a leading edge over your competitors!
Continuing from the attractive appeal of a product, this then translates towards brand loyalty.
Consumers that are enamoured by the design of a product will continue to support both the product and its brand, and companies should continue to produce products that appeal to its consumers, essentially creating more unique and attractive designs.
Industrial Designs in Malaysia
Key Points on the industrial designs system in Malaysia:-
Act & Regulations – Industrial Designs Act 1996 & Industrial Designs Regulations 1999
First to File System – First person to file the design, owns the design
Worldwide Novelty – Design must be new throughout the world
Multiple Design System – An application can be for a single design, or can include additional designs under the same application
Classification – Malaysia utilizes the 10th edition of the Locarno classification
Duration – Upon registration, a registered design is given initial protection of 5 years from the date of filing, and is extendable a further four times, of 5 years each (25 years total)
How do I file an industrial design in Malaysia?
As with all IP rights, industrial design rights are territorial. This means registration in Malaysia is limited to coverage in Malaysia.
In order to file an industrial design in Malaysia, we will need the following:-
Name, Address & Nationality of the Applicant
Representation of the Article of Design
Locarno Classification – You need to identify the category of the product for which you seek industrial design protection
Agent Appointment Form – a softcopy can be downloaded here.
How Advanz Fidelis can help
We have a full range of industrial design services that can cater towards your needs.
Got a new design that is unique and special to your product?
Not sure whether a design qualifies for protection?
Have someone that is copying your product design without permission?
Can't differentiate between patent, copyright and industrial designs protection?
We handle all of the above on a regular basis.
Talk to us today, and do allow us the opportunity to be of service.