Industrial Design

An industrial design involves creating a visually appealing shape, configuration, pattern, or ornamentation for a product, commodity, or handicraft.
In Malaysia, the Industrial Designs Registry, part of the Intellectual Property Corporation of Malaysia (MyIPO), handles the processing of industrial design applications.

An industrial design registration is a crucial means of protecting the distinct visual appearance of a product, granting it exclusive rights in the market. This form of intellectual property focuses on preserving the unique elements that make the product visually appealing and eye-catching. The registration process centers around safeguarding the design, shape, pattern, ornament, or any combination of these features that contribute to the product’s distinctive appeal. By securing industrial design protection, businesses and innovators can prevent others from copying or imitating their product’s visual attribute

For a design to be eligible for registration in Malaysia, it must meet the following criteria:

  1. It should fall under the definition of an “article” according to the Industrial Designs Act 1996, which means it is a manufactured item, handicraft, or a part of such item if sold separately.
  2. The design must be new, not previously used in Malaysia or anywhere else in the world.
  3. It should not violate public order or morality.

Certain items are not eligible for industrial design protection in Malaysia, including:

  1. Methods or principles of construction.
  2. Features of the article that are solely functional in nature.
  3. Features of the article dependent on the configuration of another integral part of the product.
  4. Any part of an integrated circuit protected under the Layout Designs of Integrated Circuits Act 2000.