Industrial Designs Act 1996

Industrial Designs (Amendment) Act 2013

The Industrial Designs (Amendment) Act 2013 will come to force on 1 July 2013.

In brief, the new amendment provides that a registered industrial design may now be collateralized. It also provide for consideration of public disclosure elsewhere than in Malaysia in determining the novelty of an industrial design. Prior to the amendment, an industrial design is not new if, among others, it was disclosed to the public anywhere in Malaysia.

The maximum duration of protection of a registered industrial designs will be extended to 25 years.

For more information, see Explanatory Statement of the Industrial Designs (Amendment) Bill 2013.

AV Future Link Sdn Bhd v Inno Supply & Services Sdn Bhd

Kuala Lumpur High Court Suit Nos. D-22IP-61-2010 & D-22IP-60-2010

1. Plaintiff initiated claim for unlawful interference. Defendant counterclaimed for industrial designs (“ID”) infringement. The ID was obtained vide a deed of assignment from a Chinese company.
2. Plaintiff claims that the Defendant is not the rightful owner of the ID and that the ID had been disclosed before the priority date of the registered ID.
3. The High Court held that the challenge on the deed of assignment was not pleaded hence assignment is valid and the disclosure of ID in China is not relevant as the Malaysian Industrial Designs Act 1996 only recognises disclosure in Malaysia and no evidence is led to show disclosure in Malaysia.

Download: [Judgement]

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