Industrial Designs Act 1996 (Act 552) & Regulations [As At 5th October 2022]

The Industrial Designs Act 1996 (Act 552) is a law in Malaysia that governs the registration and protection of industrial designs. The Act was enacted to provide legal protection to new and original designs that are used in industry.

The Act establishes the legal framework for the registration and protection of industrial designs in Malaysia. Under the Act, an industrial design is defined as any composition of lines or colors or any three-dimensional form that gives a special appearance to a product or a part of a product, and that can be manufactured by industrial means.

Registration of Industrial Designs:

In order to obtain protection for an industrial design, the owner must register it with the Registrar of Industrial Designs. The registration process requires the submission of an application, along with the necessary fees and documentation, to the Registrar. The Registrar will then examine the application to determine whether it meets the requirements for registration.

Once an industrial design is registered, the owner has the exclusive right to use it and prevent others from using it without permission. The registration is valid for an initial period of five years, which can be renewed for additional five-year periods up to a maximum of 25 years.

Enforcement of Industrial Design Rights:

The Act provides for legal remedies for infringement of industrial design rights. If someone uses an industrial design without the owner's permission, the owner can take legal action to stop the infringement and claim damages.

The Act also provides for criminal sanctions for intentional infringement of industrial design rights. Anyone who intentionally infringes an industrial design can be fined and imprisoned for up to five years.

Regulations:

The Industrial Designs Regulations were enacted in 1999 to provide additional details and procedures for the implementation of the Act. The regulations cover a variety of topics, including the filing and examination of applications, the registration of industrial designs, and the renewal and cancellation of registrations.

The regulations also establish fees for various services related to the registration and protection of industrial designs, such as filing fees, renewal fees, and fees for certified copies of documents.

Overall, the Industrial Designs Act 1996 and its regulations provide a comprehensive legal framework for the registration and protection of industrial designs in Malaysia. By registering their designs under this Act, owners can obtain legal protection for their creations and prevent others from using them without permission.

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