When is an industrial design infringed? What constitutes industrial design infringement?
A person infringes the rights conferred by the registration of an industrial design if he, without the licence or consent of the owner of the industrial design, does any of the following things while the registration is still in force:
- applies the industrial design or any fraudulent or obvious imitation of it to any article in respect of which the industrial design is registered;
- imports into Malaysia for sale, or for use for the purposes of any trade or business, any article to which the industrial design or any fraudulent or obvious imitation of it has been applied outside Malaysia without the licence or consent of the owner; or
- sells, or offers or keeps for sale, or hires, or offers or keeps for hire, any of the articles described above.
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