What is registrable and non-registrable industrial design?
Industrial designs that are contrary to public order or morality shall not be registrable.
Other non-registrable designs are designs that:
- do not have clear aesthetic appearances;
- include methods or principles of construction;
- have features dictated solely by functions which the articles have to perform;
- have features dependent upon the appearance of another article of which the article is intended by the author 1 of the design to form an integral part; or
- differ only in immaterial details or in features commonly used in the relevant trade
Where a portrait of Seri Paduka Baginda Yang di-Pertuan Agong or, Ruler of a State, or the reproduction of the armorial bearings, insignia, orders of chivalry, decorations of flags of any country, state, city, town, society, body corporate, institution or person appears on an industrial design, the Registrar shall refuse to register the industrial design unless a consent to the registration and use of such portrait or reproduction from such official or other person as appears to the Registrar to be entitled to give consent is filed.
An industrial design shall not be registered unless it is new.
An industrial design shall not be considered to be new if, before the priority date 2 of that application, it or an industrial design differing from it only in immaterial details or in features commonly used in the relevant trade:
- was disclosed to the public anywhere in Malaysia; or
- was the subject matter of another application for registration of an industrial design filed in Malaysia but having an earlier priority date made by a different applicant in so far as that subject matter was included in a registration granted on the basis of that other application.
An industrial design shall not be deemed to have been disclosed to the public solely by reason of the fact that, within the period of six (6) months preceding the filing date of an application for registration:
- it appeared in an official or officially recognized exhibition; or
- it has been disclosed by a person other than the applicant or his predecessor in title as a result of an unlawful act committed by that other person or another person.
- "author" means the person who creates a design
- "priority date" means earliest filing date of an industrial design application in Malaysia or other country, which Malaysia is party pursuant to any international treaty or convention.
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