Industrial Designs (Amendment) Regulations 2013

Malaysia’s Industrial Designs (Amendment) Regulations 2013 were published in the Government Gazette on 24 June 2013 and will come into force on 01 July 2013. The principal changes are:

  • The information to be entered in the Register in respect of each registered design has been elaborated. Among other things, this now explicitly includes a representation of the design, the statement of novelty, and the particulars of any title or interest affecting the design that has been recorded.
  • The official form for recording an assignment or other transfer of ownership has been updated to cover the option of registering a security interest transaction.
  • Payment of a renewal fee to extend the term of protection of a registered design may now be made at any time prior to expiry. Previously, renewal was only allowed within a window of six months before expiry of the current 5-year period.

The remaining amendments are largely of a housekeeping nature. There are no changes in official fees on this occasion.

Please contact us at malaysia@henrygoh.com for further information.

Malaysia joins the Madrid Protocol

 

The wait is finally over! On 27 September 2019, Malaysia deposited with WIPO its instrument of accession to the Madrid Protocol, becoming the 106th member of the Madrid System.

The Protocol will take effect for the country on 27 December 2019. From that date, local brand owners in Malaysia can begin making use of the international registration system to protect their trademarks in over 120 territories of the System’s other 105 (currently) members by filing a single international application and paying a single set of fees.

Likewise, foreign trademark owners can take advantage of the System’s simple designation process to seek protection here.

Malaysia has made declarations to extend the refusal period to 18 months, to receive individual fees, to require a declaration of intention to use the mark and to mandate that the recording of licenses in the International Register shall have no effect in Malaysia unless recorded here.

Stay tuned for more updates from us as we close the year 2019.