INDUSTRIAL DESIGN
?What is an industrial design
An industrial design can be features of shape, configuration, pattern or ornament that is industrially applied to an article. It refers to the ornamental or the aesthetic aspect of the article. Among commonly registered articles are containers, pens, lamp shades, vases, foodstuff packaging and many others
?What are the requirements for filing an industrial design
To file an industrial design for registration in Malaysia, it must be new in this country i.e. it must not have been disclosed to the public prior to the filing; it must meet the design definition and must not be contrary to public order or morality
? What kind of designs is unregistrable
An industrial design is not registrable if
-the aesthetic appearance of an article is not significant or the design features differs only in immaterial details
- it is a method or principle of construction
- the designs are contrary to public order or morality
- the designs of the articles concern exclusively with how an article functions; and
- the designs of articles that are integral parts of other articles and the features are dependent upon the appearance of other article
?Why should you register your industrial design
The owner of a registered industrial design obtains exclusive rights to the design as well as the right to stop others from using the design without his permission. These rights will give him the liberty to exploit the designs in many ways, i.e. licensing the design to others for royalties, applying the design on articles he is producing for sale, or even sell the design for a sum of money
?How long does the protection last once an industrial design is registered
The initial phase of protection lasts for 5 years from the filing date. However, by paying extension fees, this can be extended for another 2 consecutive 5-year terms each
?What are the remedies for the infringement of an industrial design
According to Section 35 of the Industrial Design Act 1996, once the owner of the Industrial Design has proven that infringement has taken place, the court may award damages or compel the infringer to account for profits, or grant an injunction to prevent further infringement
?Do I have any protection in IRAN if I do not register my design with the Iranian Intellectual Property Office
No, in order to be protected in IRAN, you need to file your design for registration. Otherwise, no protection is available for your design, including common law protection
?Does an industrial design registration in IRAN extend overseas
No, industrial designs are also territorial in nature, therefore registration in IRAN only provides protection in IRAN . A separate industrial design application needs to be filed in the country in which you intend to seek protection within 6 months from the earliest date when it was first filed in any of the Paris Convention member countries
?When should I apply to register an industrial design
You should file your design for registration before disclosure to the public