Registration requirements
Malaysian design system overview
1. Registration requirements
In order to receive a design registration in Malaysia, the design must first meet the definition of an industrial design, that is, it must be a "characteristic of a shape, pattern, or pattern applied to an article (product) through an industrial production process." Under the Design Act, the term "article" refers to manufactured products and handicrafts (even if only a part of them is manufactured and sold separately). In addition,novelty is required, and the design mustbe new anywhere in the world. In the 2013 legal revision, the novelty standard was changed from the previous "domestic novelty" to "global novelty." Therefore, as a general rule, designs that have been published or become publicly known both domestically and internationally before the application is filed cannot be registered. It is also a requirement for registration that the designdoes not violate public order and morals.
Requirements such as creative difficulty (creative step) and individuality are not imposed in Malaysia. Even obviously common designs can be registered as long as they are new. However, shapes resulting solely from function, principles of structure, and shapes that are determined to be combined with other articles (so-called "must-fit" parts) are excluded from the scope of design protection. For example, a shape that is hidden inside a product and cannot normally be seen, or a shape that is essential to the product's functionality will not be recognized as a design. In addition,the circuit layout of an integrated circuitis not covered by the Design Law as it is protected by a separate law.
2. Application procedure
The flow of the application procedure is to fill in the necessary information in the application form, attach drawings and photographs, and apply, followed by a formality examination (checking formal requirements) and a novelty search. In Malaysia, there is no substantive examination (examination other than novelty) for design applications, and as a general rule, design applications are registered through examination of formal requirements only. However, the examiner may point out a substantive problem (for example, the existence of an obvious prior design), in which case you will be given an opportunity to respond with a written opinion or amendment within three months of the notification. If there are no problems, the registration certificate will be issued in approximately 9 to 12 months from the date of application.
Claim priority: Malaysia is a member of the Paris Convention, so you can claim priority and file an application within six months of a design application filed in another country, including Japan. If you wish to claim priority, you must submit a priority certificate (certified copy) within three months of filing.
Required documents: When applying, please fill out applicant information, creator (designer) information, name of the design, and Locarno classification in the application, and attach a drawing or photo representing the design. Also, pay the prescribed stamp duty and fees, and submit aPower of Attorney. A power of attorney must be submitted at the time of filing, and only a signature by the applicant is sufficient; notary certification is not required (there is a form prescribed by the Japan Patent Office). In addition, documentation evidencing succession of rights from the creator to the applicant (deed of assignment or proof of employment in the case of employee inventions) and a **statement of novelty** must be submitted. The latter "statement of novelty" explains in language the novel features of the design. If an exception to loss of novelty applies (described below), this fact must be clearly stated and supported by a Statutory Declaration.
Multiple designs in one application: In Malaysia, it is possible to include multiple designs in one application. However, in this case, all the designs must belong tothe same Locarno classification class orto the same set (set product). For example, articles that are used and sold as a set, such as a set of tableware or a series of furniture, can be filed as a set. There is no upper limit to the number of designs that can be included in one application, and each design will be assigned a separate design number and examined individually. There is no reduction or exemption of fees, and a prescribed fee will be charged for each additional design (*reduction system will be explained later). The applicant must be the same for all designs, but the creator (designer) and the presence or absence of priority rights may be different for each design.
Publication/Announcement: In Malaysia,publication in the Design Gazette takes place at the time ofregistration. After filing an application, if the design is approved for registration without any problems after formality examination, it will be published and published as a registered design in the official gazette (IP Journal). The contents of the application are not made public between application and registration, and there is no secret design system (postponement system for publication). In this regard, under current law, it is not possible to publish an application within a certain period of time from the date of filing, as is the case in Japan, or to use the system of postponement of publication (secret designs) based on the Design Law Treaty. However, recent amendments are considering introducing a suspension of publication for up to 30 to 36 months (maintaining confidentiality of applications).
3. Protected object
Industrial design, which is protected by the Malaysian Design Act, refers to the "characteristics of shape, pattern, and pattern" of a product that give an aesthetic impression through the visual sense. It must be applied to the article by industrial means, and it applies to designs added to industrial products and handicrafts, rather than purely works of art. The design does not include the concept of color, and color itself is not considered to be protected. Therefore, when submitting drawings and photographs, it is preferable to submit them in black and white, and even if they are submitted in color, the color does not affect the scope of rights.
Objects that are not protected: As mentioned above, shapes and structural principles that are used only to ensure the functionality of an article, and shapes that are essential for connecting or assembling other articles are not recognized as designs. Furthermore, buildings and landscapes themselves, the shapes of animals and plants, characters, etc. do not fall under industrial designs (these are considered under a different framework, such as artistic works or trademarks). Furthermore, even if a design is so minute that it cannot be seen with the naked eye, it cannot be called a design unless it can actually be recognized visually. However, even if the product is small, it can be registered as long as it can be clearly expressed on the drawing.
Partial design: In Malaysia, partial design system is not clearly stipulated. The object of design registration is basically the entire product, and as a general rule, it is not possible to cut out only a part of the product and use it as a design. For example, even if you want to protect only the shape of a part of a product, legally speaking, only if that part is an "article", that is, a part that is manufactured and sold independently, you must file an application treating the part itself as a single article. Because of this restriction, it is difficult to directly protect only a part of a product with a design right, as in the case of a so-called partial design, and when necessary, the scope of the right is emphasized using dashed lines, etc. (see drawing requirements below). In recent revision discussions, proposals have been made to incorporate the concept of ``components of composite products'' to bring it closer to international partial design protection.
Set products: On the other hand, designs of sets (sets) can be protected. Kumimono refers to "multiple items of the same type or with common characteristics that are usually sold or used together," such as cutlery sets and tea utensil sets. If each component of the set has a unified design concept, they can be registered together in one application (this case is also covered by the multiple design system in one application mentioned above).
GUI/Screen Design: According to the definition of the Malaysian Design Act, a design must be “applied” to an article as a shape, pattern, etc. For this reason, there is an interpretation that designs of intangible objects such as on-screen icons and GUIs (graphical user interfaces) do not originally meet the definition of a design. In fact, it has been pointed out that there is no legal support because it is unclear what constitutes a GUI to a product and what kind of industrial means it is applied to. However, in recent years, the Malaysian Intellectual Property Organization (MyIPO) has recognized the design registration of icons and GUIs in practice, and applications and registrations have actually been carried out. For example, there are cases in which the design of a display screen has been accepted by filing an application as a pattern applied to "a part of a finished product (electronic device)." However, it has been pointed out that the validity of such GUI designs may be challenged during actual execution. In addition, in future legal revisions, it has been proposed to include ``non-physical designs'' (non-physical designs, such as projected images and AR/VR designs) in the definition, and expansion is being considered in line with international protection trends.
4. Exception to loss of novelty
The grace period (exception period for loss of novelty) is set as six months before the filing date in Malaysia. However, there are limited reasons for this to apply. Under the Design Act, the following cases are treated as not losing novelty even if published within 6 months of the filing date:
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If the design has been exhibited and announced at an official or authorized exhibition. For example, designs released at government-approved international exhibitions, etc. fall into this category.
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If the design has been leaked or made public due to an illegal act by a third party other than the applicant (or its successor). This is a case where a third party has published or leaked the design without permission from the applicant.
If any of the above applies, the novelty requirement will be considered satisfied as long as the application is filed within 6 months of publication. However, it is important to note that this exception does not apply to publications made voluntarily by the applicant himself (e.g. publication in a catalog or website). In countries such as Japan, an exception for loss of novelty is granted for a certain period of time for the designer's own publication, but in Malaysia this is only in the limited cases mentioned above. For this reason, you must pay close attention to the timing of publication of your design, and if you do publish it under the above circumstances, you must report this fact at the time of filing. Specifically, you will be required to submit an affidavit (statutory declaration) that describes the circumstances of the publication, and if it is exhibited at an exhibition, you will be required to submit supporting documents such as a certificate.
Before the 2013 amendment, the Malaysian Design Act did not have a clear grace period, and some interpretations were that it was limited to "unauthorized disclosure by a third party." Although the amendment has clarified the case of official exhibitions, the scope of application is still narrow, so it is preferable to avoid prior publication before filingas much as possible.
5. Reduction/exemption system
Regarding the fee reduction/exemption system regarding application and maintenance of designs, Malaysia does not have a special annual fee reduction or exemption system for small and medium-sized enterprises like Japan. All applicants must pay the same fee. In addition, even if multiple designs are included in one application, there is no discount for each additional design, and an additional fee will be charged for each design. Official fees were revised and raised overall in 2012, but no special reductions or exemptions have been announced since then.
However, administrative fees may be lower for procedures using the online services of the Malaysian Intellectual Property Corporation (MyIPO) than for paper submissions. For example, in 2023, the online procedures for patents and designs will be revamped, and if procedures that can be done online are carried out on paper, an additional fee will be charged depending on the number of pages. Therefore, in practice, using electronic filing may lead to some cost reductions. In addition, there are cases where design application subsidies are provided as a measure to support small and medium-sized enterprises common to ASEAN countries, but this is a temporary measure and is not a permanent legal system of exemption or reduction.
If you do not pay the renewal fee within the renewal deadline after registering your design, you may pay later within 6 months, but an additional late fee will be charged. This late fee is also not subject to reduction or exemption, so care must be taken when managing deadlines.
6. Necessity and format of power of attorney
Submitting a Power of Attorney is mandatory when filing a design application in Malaysia. If the applicant is processing through a local representative, the applicant must submitthe original signed power of attorney together with the application documents. There is a format (Form ID, etc.) specified by the Japan Patent Office (MyIPO), and it is usually prepared by an agent. The power of attorney should clearly identify the applicant (in the case of a corporation, the company name and title) and state that the agent is authorized to handle the application and procedures. **Signature** must be made by the applicant or an authorized representative.
A Malaysian power of attorney does not require notarization or consular verification and is valid with just a signature. After signing, you can either send the original to your local agent or, recently, it is becoming possible to submit it electronically. With the expansion of online procedures in 2023, a mechanism has been established to electronically submit power of attorney forms.
Also, to mention succession documents for design rights, if the applicant is not the creator himself/herself (if the right holder is a company, etc.), proof of assignment of rights or proof of invention for service will be required. Strictly speaking, these are different documents from a power of attorney, but they are also important documents for practical purposes that must be submitted at the same time. For example, if an employee designed the design, this can be done by issuing a statement stating that the rights to the design belong to the company under the employment contract (usually notarization is not required).
In principle, a power of attorney should be submitted for each case, and Malaysia does not have a general power of attorney system. Once submitted, a power of attorney is valid for all procedures related to the application/registration (registration fee payment, renewal, name change notification, etc.). However, a new power of attorney is required for each new application, so if you are requesting multiple applications, you will need signatures for each number of applications.
7. Drawing requirements
Drawings (or photographs) must be submitted for design applications. As a general rule, the drawings are required to show the external appearance of the finished product in a six-sided view. In other words, it is recommended to prepare "a perspective view, a front view, a rear view, a plan view (top view), a bottom view, a right side view, and a left side view." The size of the drawing (or photo) is limited to make it easier for examiners to view it, and it must be within 12.5cm x 9.0cm wide. The number of copies to be submitted is one, but in the case of electronic application, it will be uploaded as digital data.
Photo submission is also possible, but in practice, line drawings (line drawings)** are preferred. This is because black and white photos can blur details. Submissions of color drawings and photographs will not be refused, but they have no meaning because color does not affect the scope of rights. Therefore, even if the features of the design are expressed in color, it is common to use images converted to black and white at the time of application.
As for how to display in drawings, the use of broken lines (dotted lines) and shading is permitted, just as in other countries. The dashed line is used to highlightnew parts of the design for which you are seeking design registration. However, since there is no partial design system, the parts drawn with broken lines are treated as indicating "non-new parts (existing parts)" and are interpreted to be excluded from the scope of rights. At the screening stage, it may be pointed out that the use of broken lines or shading is inappropriate, so it is necessary to create clear drawings, such as draw only the parts you really want to protect with solid lines, and use dashed lines for the rest.
Dimension lines and characters are generally not allowed in drawings. Numbers and symbols unrelated to the design are also not allowed. The rule is to include any necessary explanations in the application form or instructions, and to not include information other than depictions in the drawings themselves. If the pattern is complex, it is possible to submit an additional enlarged drawing, but in that case, it will still fit within the size limit.
It is important that the above drawing requirements are met and that the gist of the design can be clearly understood from the drawings. In Malaysia, the scope of rights to a design is basically determined by the shape etc. shown in the drawing. Therefore, incomplete drawings can be fatal, and in practice it is recommended that the drawings be checked by a local representative before filing.
8. Protection period
The term of a Malaysian design right is up to 25 years. The initial registration period is 5 years from the filing date, and can be extended up to 4 times x 5 years by completing renewal procedures every five years. Specifically, the first to fifth years from the filing date (same as the priority date if there is a priority claim) are the primary protection period, and if the renewal registration fee is paid before the end of the primary protection period, it can be extended to the sixth to 10th years, and similarly up to the 20th to 25th years. The rights will expire at the expiration of the 25th year, and there will be no further extensions or measures to extend the term.
Before the law was revised in 2013, it was discontinued after 15 years (5 years + 2 renewals), but with the revision, it can now be extended to 25 years. This extension is in line with design protection terms (up to 25 years) in other countries such as the EU and the UK. In addition, renewal procedures must be completed by paying the renewal fee by the expiration date of the rights period every five years. It is possible to renew by paying later (surcharge added) within the 6-month grace period, but the right will expire after that period.
The starting date for the validity period is the application date, and the period will not deviate even if it takes a long time to register. For example, even if you apply on January 1, 2025 and are approved for registration on December 1, 2025, the first five-year period will be from January 1, 2025 to December 31, 2029. If a priority is claimed, under the current law, the priority date is treated as the filing date and the period is calculated, but there is a proposal to change the period to be calculated from the domestic filing date regardless of the priority date in future revisions.
9. Infringement lawsuit (injunction, damages, etc.)
Content of rights: Exclusive rights are granted to registered designs, and it is prohibited for third parties to implement the registered design or substantially similar designs onto products without permission (manufacture, sale, import/export, etc.). A design right owner can bringcivil action if someone else infringes or is likely to infringe on his or her design rights. The lawsuit will be filed in the High Court (Intellectual Property Specialized Division), and will seek an injunction to stop the alleged infringer from manufacturing and selling the product, as well as compensation for damages.
Proof and effect: If the design right holder can prove infringement in court, the court can issuean injunction (order to stop the infringing act) and also order the payment of damages orreturn of profits (discharge of unjust enrichment). The amount of damages is based on the business damage (lost profits) suffered by the right holder due to the infringement and the amount equivalent to the profits earned by the infringer. Rights holders can also request the court for an account of profits (calculation and return of the violator's profits) instead of damages. The court can also order the destruction or deliveryof infringing goods and their manufacturing equipment, if necessary.
Characteristic Provisions: The Malaysian Designs Act hasinnocent infringer defense provisions. If the defendant proves that he did not know that the design was registered at the time of his actions and that he had taken reasonable steps to find out whether it was registered, the court may notmake an order for damages or return of profits. However, an injunction may still be issued to prevent future infringement. In order to prevent this good faith defense, it is recommended that design rights holders display the design registration number on products and catalogs, and publish registration notices in major newspapers to ensure that everyone is aware of the design.
Early measures for statute of limitations and injunction: The statute of limitations (statute of limitations) for civil claims for infringement is within five years from the date of the infringement. Therefore, if the incident is left unaddressed for a long period of time, there is a risk that the right to claim may be lost. It is also possible to apply for a provisional injunction (preliminary injunction/injunction) as a provisional disposition if necessary at the pre-trial stage. If irreparable damage may result from infringement, a preliminary injunction may be obtained ex parte (without notice to the other party) at the same time as filing a lawsuit. At the same time, remedies derived from English law are also available, such as **Anton Piller writs to prevent the destruction of evidence and Mareva injunctions to prevent the dissipation of the defendant's assets**.
Invalidation trial (cancellation of rights): There is no opposition system for design rights, but **invalidation (cancellation of registration)** can be requested at any time. Interested parties can petition the High Court to invalidate a registered design, and if, as a result of the trial, it is determined that the design lacks the requirements for registration (for example, it is a publicly known design or does not meet the definition), the registration will be invalidated retroactively. It is also possible for the defendant in an infringement lawsuit to assert the invalidity of a design through a counterclaim. Because of this mechanism in which validity is contested in court, it is important to keep in mind that in infringement lawsuits, validity and infringement are examined together.
10. Existence of administrative investigation
Direct detection and crackdown by the government is currently not available for design rights infringement in Malaysia. In other words, unlike copyrights and trademarks, there are no provisions under the Design Act for criminal penalties or forced seizure by government agencies. The police and the Intellectual Property Enforcement Division of the Ministry of Trade and Consumer Affairs (MDTCC) take action only in cases with criminal penalties, such as trademark counterfeiting and copyright piracy, and it is difficult to seize products solely on the basis of design rights infringement. Therefore, design rights holders must pursue injunctions and compensation for damages on their own through civil litigation.
However, there is a possibility that the Trade Descriptions Act may be used as an indirect means. This law stipulates the crime of "false labeling," and for example, the act of attaching another person's registered trademark to a product without permission can be prosecuted criminally as false labeling. Regarding designs, some application may be considered if a design display that misleads consumers is concerned, but usually this is a matter of trademarks or country of origin indications, and does not apply to the design itself. If a product infringing a design right is also accompanied by trademark infringement or quality misrepresentation, it may be possible to cooperate with the trademark right holder and file a customs injunction or report the product to the police. However, the reality is that it is difficult for administrative agencies to act on design rights alone. For this reason, the countermeasure against counterfeit goods is to obtain a civil injunction and then use a bailiff (warrant of execution) to seize the product.
In recent years, the Malaysian government has also been considering strengthening the effectiveness of design rights. In the 2022 Design Law Amendment Bill, a provision was proposed to introduce criminal penalties for infringement of design rights. This is an attempt to increase deterrence by imposing certain fines and prison sentences. If realized, it would be possible to bring criminal prosecution against willful design infringers, thereby closing the current loophole. However, as of 2025, this amendment has not yet been implemented and there are no criminal measures. Therefore, it can be said that there is currently no administrative investigation.
11. Relationship with international applications (Hague system, etc.)
Hague Agreement Membership Status: As of 2025, Malaysia is not a member of the Hague Agreement, an international design registration system. Therefore, it is not possible to file an international design application that designates Malaysia via The Hague, and it is also not possible to use a Malaysian design as a basic application for international registration. To obtain design protection in Malaysia, you must file a Paris route application under the Paris Convention directly to Malaysia from Japan or another country.
However, the Malaysian government is aiming to join the Hague Agreement in line with the goals of the ASEAN Intellectual Property Action Plan (2016-2025). Preparations for membership have been underway since around 2015, and a draft amendment to the Design Law and Regulations was published in 2022. This proposed amendment includes measures to harmonize with international standards, such as expanding the definition of a design (protecting interior/exterior designs and non-physical designs) in response to accession to the Hague Agreement, reviewing the term calculation (unifying the filing date rather than the priority date), the option to introduce substantive examination, and the introduction of a grace period for publication (up to 36 months). These are amendments to accept Hague applications and to establish a common level of protection with other countries.
Although the date of membership has not been officially determined, Malaysia is expected to become a member in the near future, following Thailand (joining in 2023) and Vietnam (joining in 2020) within the ASEAN region. After joining, it will be possible to designate Malaysia in Hague international applications, which will have the advantage of simplifying application procedures for Japanese companies. However, even after Hague accession, the detailed rules of domestic law (for example, partial designs, examination status, etc.) will not immediately become the same as those of other countries, and it is expected that there will be a transition period for the time being. When using an international application, care should be taken to ensure that it complies with the unique requirements of Malaysian law while coordinating with a local agent.
Relationship with Paris priority: Even though Japan is not yet a member of the Hague, the priority system based on the Paris Convention can be fully utilized. If it is within 6 months of filing a design application in Japan, it is possible to claim novelty retroactively to the time of filing in Japan by filing an application in Malaysia with a priority certificate. Conversely, it is also possible to apply to Japan or other countries based on the Malaysian application, but in that case, the application must be filed in each country within the 6-month priority period. After accession to The Hague, there will be more options for international applications and Paris route applications, but please note that currently only the Paris route is available.
Finally, the main differences between the Japanese and Malaysian design systems are summarized in table format below.
| Item | Malaysia | Japan (reference) |
|---|---|---|
| Examination system | No examination (registration possible only through formality examination and novelty search). In principle, there is no substantive examination (* considered to be introduced in recent revisions). | Examined (registration decision made after formality examination and substantive examination). The difficulty of creation is also subject to review. |
| Registration requirements | Novelty (world standard) required. No need for creativity. Violations of public order and morals are prohibited. Shapes that are purely functional are excluded. | Novelty and ease of creation are required. Novelty is determined based on whether or not it has been publicly implemented (world standard). Functional beauty exceptions apply. |
| Partial design | No system (Not allowed for parts only.However, items that stand alone as parts are allowed). There is a practical practice of distinguishing between old and new parts using broken lines. | System available (designs can be registered for some items). Specify in the application that it is a partial design, and define the solid line area in the drawing as the scope of the right. |
| One application for multiple designs | Possible (designs belonging to the same Locarno class or composition). Unlimited number of items, but additional charges apply. | In principle, one application and one design (a set is considered one design). There is a related design system (similar designs can be linked in separate applications), but multiple designs cannot be submitted in one application. |
| Exception for loss of novelty | 6 months (limited: only for official exhibition exhibitions and unauthorized disclosure by third parties). Voluntary disclosure of one's own information is not covered. | 1 year (comprehensive: covers all disclosures by applicants, etc.). Widely applicable, including conference presentations and exhibition exhibitions. |
| Registration fee/reduction/exemption | Payment in one lump sum for 5 years. No reduction or exemption for small businesses. Fixed price for renewal. There are some preferential fees for electronic procedures. | Registration fee (setting registration fee) and annual maintenance pension. There is a reduction/exemption system for small and medium-sized enterprises (examination request fees and pension reductions based on certain requirements). |
| Duration of life | 5 years from the filing date + 5 years x 4 updates = maximum of 25 years. | 20 years from the registration date (uniform, no extension). *There was a discussion to extend the period to 25 years with the 2020 law revision, but this has not been realized (currently 20 years). |
| Drawing requirements | It is recommended to submit 6-view drawings (including perspective views). Size within 12.5 x 9cm. Colors are not protected. Photographs are allowed, but black and white is recommended. | Six views (can be omitted if necessary). There are no particular size regulations (as appropriate). Color drawings can be submitted (colors are also included in the scope of rights). In principle, photographs are not allowed (submit as CG, etc.). |
| Objection | None (a third party filed an invalidation trial with the court). | Objection to registration (interested parties can file an opposition to the Japan Patent Office after publication). There is also an invalidation trial system. |
| Remedies for infringement | Civil lawsuit: Injunction, compensation for damages, loss of profits, etc. can be requested. There are limitations on compensation for bona fide infringers. No criminal penalties. No customs injunction system. | Civil litigation: injunctions, compensation for damages, etc. There are no special provisions regarding bona fide infringers (compensation will be provided if there is intentional negligence). No criminal penalties for infringement of design rights (no penalty provisions in the Design Act). No customs injunction system (trademarks/copyrights only). |
| International application | Not affiliated with The Hague (only Paris priority route available). Expected to join around 2025. | Accessed to The Hague in 2015. Japan can be designated in the international registration application. It is also possible to apply in Hague from Japan. |
References/source list
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Henry Goh Newsletter“Industrial Designs in Malaysia” (published on August 5, 2019, updated on November 27, 2024)
An article explaining the design system in Malaysia. The latest information on registration requirements, protection targets, duration, prohibition of partial designs, grace period, drawing practices, handling of GUI, etc. is described. -
Intellectual Property Practice Q&A (Blog)"Questions regarding the design law/practice in Malaysia" (December 2011, Intellectual Property Asia)
Article in design system Q&A format by a local Malaysian agent. It covers practical information such as the definition and exceptions to novelty, the type and size of required drawings, the presence or absence of a power of attorney or partial design, and the duration (as of 2015). -
Skrine Law Firm Newsletter“Know Your Rights: Industrial Designs” (December 2010)
Commentary by Skrine, a major Malaysian law firm. It explains the criteria for determining infringement of design rights (identical or substantially similar), defenses of bona fide infringers, civil remedies such as injunctions and preservation of evidence, and whether or not there are criminal penalties for various intellectual property rights (designs are not subject to criminal penalties). -
Lawyerment (Legal Information Site)“What are the available remedies for industrial design infringement?” (May 24, 2014)
Legal commentary on remedies for right holders in the event of infringement of design rights. It summarizes the relevant provisions of the Industrial Design Act 1996, including remedies that can be ordered by a court (injunctions, compensation for damages, calculation and transfer of profits), measures to be taken in cases where infringement is likely to occur, and provisions limiting compensation for damages against bona fide infringers. -
Benchmark Litigation“Assessing the Malaysian IP landscape – Industrial designs practice updates” (June 2023)
Article on the latest developments in the Malaysian IP system. It explains the proposed amendments to the Design Law in 2022, and mentions the legal revision items in preparation for joining the Hague Agreement (expansion of the definition of designs, introduction of substantive examination, suspension of publication, creation of criminal penalties, etc.), as well as efforts to eliminate delays in the examination of design applications.
AUTHOR
Takefumi SUGIURA (杉浦 健文)
EVORIX Intellectual Property Law Firm Managing Patent Attorney
Supports clients across IT, manufacturing, startups, fashion, and medical industries, covering patent, trademark, design, and copyright filings through trials and infringement litigation. Specialized in IP strategy for AI, IoT, Web3, and FinTech. Member of the Japan Patent Attorneys Association (JPAA), Asian Patent Attorneys Association (APAA), and Japan Trademark Association (JTA).