Archives for February 2013
The Malaysian Industrial Designs Act 1996 (hereinafter referred to as “the Act”) has recently been amended to incorporate several changes to improve the protection of Industrial Designs in Malaysia.
There have been three significant changes made to the Act:
- Registrability of an Industrial Design in Malaysia
An Industrial Design may be registered only if it is a new design.
Prior to the amendment, an Industrial Design may still be considered a new design even if it has been disclosed outside Malaysia. As long as the Industrial Design has not been disclosed in Malaysia, it will be considered a novel design.
With the latest amendment, an Industrial Design will no longer be registrable if it has been disclosed in or outside Malaysia.
“Beneath this mask there is more than flesh; beneath this mask there is an idea; and ideas are bulletproof,” said the masked vigilante in the movie “V for Vendetta” before snapping the neck of a corrupt politician. I was acting out the final fight sequence the other day (note to self: must get a life!), and as I was about to utter the above-mentioned line, I was intrigued by it. Could ideas really be protected? Can ideas be bulletproofed?
In this modern Information Age, ideas are held in higher regard than ever before. The global gold rush for new ideas and information, coupled with such limited supply, has led to huge corporations going to war with each other to secure monopoly of their ideas. Their weapon of choice is none other than stockpiles of Intellectual Property Rights (IPRs). The worldwide legal proceedings between Apple and Samsung are salient examples of an arms race of sorts where IPRs ranging from Patents to Trademarks, Copyrights to Industrial Designs are tossed into the fray.