Prior to September 1999, industrial designs in Malaysia were protected by the United Kingdom Designs (Protection) Act 1949 (Revised 1978) [Act 214
], the United Kingdom Designs (Protection) Ordinance of Sabah [Sabah Ord. Chapter 152
] and the Designs (United Kingdom) Ordinance of Sarawak [Sarawak Ord. Chapter 59
]. By these laws, the registered proprietor or owner of any design registered in the United Kingdom under The Registered Design Act 1949 (United Kingdom) has the same rights and privileges as though the registration in the United Kingdom had been issued with an extension to Malaysia. Therefore, Malaysian residents and others who desire design protection in Malaysia must obtain a British registration before they can obtain protection in Malaysia.
However, the Malaysian Government took the necessary steps to enable registration of industrial designs
to be done in Malaysia. The Malaysian Industrial Designs Act 1996 [Act 552] (Malay: Akta Reka Bentuk Perindustrian 1996
) was enacted and entered into effect on 1st September 1999.
The Industrial Designs Act 1996 repealed laws that have provided for the protection of UK-registered designs in Malaysia. This means it will no longer be necessary to register designs in the United Kingdom (UK) for them to be protected in Malaysia.
Any registration protected under the repealed laws will continue in force and have the like effect as if it had been effected under the Industrial Designs Act 1996 but any extension thereafter shall be in accordance with Subsection 50(2) of the Industrial Designs Act 1996.
The Industrial Designs Act 1996 (Act 552) provides for the registration of industrial designs in Malaysia and for matters connected therewith such as, infringement proceedings, offences, remedies for infringement and rights of owner and assignment.
This Act applies to applications for the registration of industrial designs made after 1 September 1999 and to registrations of industrial designs made on such applications.
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