Industrial Design Malaysia — Design Registration & ASEAN Trademark Protection

An industrial design refers to features of shape, configuration, pattern, or ornament applied to an article by an industrial process — essentially the aesthetic appearance of a product. Examples include the shape of a bottle, furniture design, or pattern on textile. Registration under the Industrial Designs Act 1996 grants exclusive rights to commercially exploit the design and prevents others from copying it.

To be registrable, an industrial design must: (1) Consist of features of shape, configuration, pattern, or ornament applied to an article by an industrial process; (2) Be new — i.e., not disclosed to the public anywhere in the world before the filing date (Malaysia adopts worldwide novelty since 2013); (3) Appeal to the eye and be judged by the eye; and (4) Not be contrary to public order or morality.

The estimated time from filing to issuance of registration certificate is approximately 9 to 12 months for a smooth application. The process involves formal examination only — there is no substantive search and examination, though objections of a substantive nature may occasionally be raised.

Initial registration is valid for 5 years from the filing date. It can be renewed for four further 5-year periods, giving a maximum total protection of 25 years. Renewal fees must be paid before each expiry to maintain protection.

A patent protects the technical function or solution of an invention. An industrial design protects the aesthetic, visual appearance of a product. The same product may potentially be protected by both — for example, a uniquely-shaped device with novel functionality could be protected by a patent (function) and an industrial design (appearance).

Generally no — Malaysia requires worldwide novelty, so any prior public disclosure can disqualify your design. However, a 6-month grace period exists in two specific situations: (1) if the design appeared at an officially recognised exhibition, or (2) if it was disclosed by a third party through an unlawful act. Best practice is to keep designs confidential until filing.

No. Industrial design protection is territorial — a Malaysian registration only protects your design in Malaysia. To protect your design in other countries, you must file separately in each jurisdiction within the 6-month priority period from your Malaysian filing date. We strongly advise registering in every country where you currently manufacture, sell, or have potential market interest. Without local registration, your design is vulnerable to copying and parallel registration by third parties in those markets.

Yes — provided the part is made and sold separately as an article in its own right. Under the Industrial Designs Act 1996, “article” includes any part of an article that is independently manufactured and sold. So a kettle handle sold as a replacement part can be registered, but a feature that exists only as part of a larger product and is never sold separately generally cannot. Our team can advise on the best filing strategy to maximise protection of distinctive design elements.

Yes — strongly recommended. A pre-filing search helps identify existing similar designs (whether registered in Malaysia or disclosed publicly anywhere in the world) that could affect the novelty of your design. Since Malaysia adopts worldwide novelty, even a foreign disclosure can disqualify your application. A search saves you the cost and disappointment of filing an application that’s likely to fail. Our team conducts comprehensive searches via MyIPO and international design databases.

If your registered industrial design is infringed, you can commence civil court proceedings against the infringer. The court may award damages or an account of profits, grant injunctions to prevent further infringement, and order delivery up of infringing articles. Our litigation team handles industrial design enforcement and revocation proceedings.