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.