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An industrial design right protects the visual design of objects that are not purely utilitarian. An industrial design consists of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color. A registered industrial design is given an initial protection period of 5 years from the date of filing and is extendable for a further four consecutive terms of 5 years each. In Malaysia, the maximum protection period for industrial design is 25 years.
Why protect industrial design?
Industrial designs are what make a product attractive and appealing; hence, they add to the commercial value of a product and increase its marketability.
When an industrial design is protected, this helps to ensure a fair return on investment. An effective system of protection also benefits consumers and the public at large, by promoting fair competition and honest trade practices.
Protecting industrial designs also helps economic development, by encouraging creativity in the industrial and manufacturing sectors and contributes to the expansion of commercial activities and the export of national products.
Registrable Industrial Design
The validity of a design must be:
• The design is new and original;
• The design must be aesthetic; it cannot be purely functional.
Unregistrable Industrial Design
• Designs that do not meet the requirements of novelty, originality or individual character;
• Designs which are considered to be contrary to public order or morality;
• The designs of the articles concern exclusively with how an article functions;
• The designs of articles that are integral parts of other articles and whose features are dependent upon the appearance of other article;
• Any method or principle of construction.
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