Industrial Design & Copyright
Industrial Design
An industrial design protects the visual appearance of a product, including its shape, configuration, pattern, or ornamentation. Unlike patents, industrial designs protect the appearance of a product rather than its technical function.
In Malaysia, industrial designs are governed by the Industrial Designs Act 1996 and administered by the Intellectual Property Corporation of Malaysia (MyIPO).
To qualify for registration, an industrial design must be new in Malaysia and elsewhere and meet the applicable legal requirements.
A registered industrial design provides an initial 5 years of protection from the filing date. Additionally, protection may be renewed for four further periods of 5 years each, providing a maximum of 25 years.
Registration grants the owner exclusive rights to commercially exploit the protected design, including making, importing, and selling products incorporating the design.
Copyright
Copyright is an intellectual property right that protects original creative works, including literary works, music, artwork, films, sound recordings, and broadcasts.
In Malaysia, copyright is governed by the Copyright Act 1987. Protection arises automatically upon the creation of an eligible original work, provided the legal requirements are met. Therefore, copyright registration is not mandatory.
However, copyright owners may submit a Voluntary Copyright Notification to the Intellectual Property Corporation of Malaysia (MyIPO) to establish an official record of their copyright ownership. This notification may serve as useful evidence in copyright disputes.
Copyright protection generally lasts for the author’s lifetime plus 50 years for literary, musical, and artistic works. However, the duration varies depending on the type of work.
Contact us to find out more about industrial design protection and copyright voluntary notification.
Our services include industrial design novelty search, filing, prosecution, examination responses, renewals, and intellectual property advisory services and filing of copyright.
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