In Malaysia, it is possible to obtain protection for industrial design. An "industrial design” means features of shape, configuration, pattern or ornament applied to an article by any industrial process or means, being features which in the finished article appeal to and are judged by the eye. However, this does not include the method or principle of construction or features of shape or configuration of an article which are dictated solely by function which the article has to perform or are dependent upon the appearance of another article of which the article is intended by the author of the design to form an integral part.
Industrial designs in Malaysia upon its registration are deemed to have come into force on the filing date of the application for the registration of the industrial design and will subsist for 5 years thereafter.
The period of registration of the industrial design may be extended for t2 further consecutive terms of 5 years each, if an application for extension is made before the expiration of the current term.
Unlike many other countries, the scope of protection of a design is defined in Malaysia by a set of essential features listed in the application and reflected in representations of the design. Preparing an application in Malaysia therefore involves compiling both a description and a set of essential features of the design, as well as producing a set of representations of it.
In view of the importance of the essential features for the scope of protection, we always take particular care to ensure that these are sufficient for protectability and at the same time provide the maximum scope of protection.