Malaysia’s Industrial Designs (Amendment) Act 2013 will come into force on 01 July 2013. The principal changes under this Act are:
- Worldwide novelty will be adopted as the registrability standard. This change will only affect registrations filed on or after 01 July 2013. Earlier-dated registrations will continue to be subject to local novelty.
- The term of protection of a registered industrial design will be extended from 15 to 25 years. Renewal will continue to be required at 5-year intervals. This change applies to new applications filed from 01 July 2013 onwards, as well as to all designs that are pending registration or registered and still in force as of 01 July 2013.
- A registered industrial design may be the subject of a security interest in the same way as other personal or moveable property. Therefore, collateralization of registered industrial designs is provided for.
- Recordal of a change of ownership of a registered industrial design must be applied for within a term of six months. Otherwise, the Court shall refuse to award costs to the new owner in an infringement action unless it is satisfied that recordal within that term was not practicable and was done as soon as practicable thereafter.
- An Official Journal is established in which matters relating to industrial designs shall be published. This replaces publication in the Government Gazette.
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