An industrial design means features of shapes, configuration, pattern or ornament applied to an article by any industrial process or means which in the finished article appeal to and is judged by the eye. Articles which are commonly registered are containers, bottles, furniture, lamp shapes, vases, electronic product, jewellery, fashion, design packaging, etc.

To be registrable, an Industrial design must be new and original in Malaysia or elsewhere, i.e. the design must not have been disclosed before, fulfill the design definition and not contrary to public order or morality. Therefore, the validity of a Registered Design can be impugned:

• If the design is not new and original
• If the design articles are functional, or if the article is one which, when people buy it, they are unconcerned about its aesthetic features

An industrial design is not registrable if:

• The aesthetic appearance of an article is not significant or the design features differ 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
• The designs of articles that are integral parts of other articles and the features are dependent upon the appearance of the other article

The protection lasts initially for 5 years from the filing date of the application, but by paying extension fees you may keep it in force for four further consecutive terms of 5 years each. The maximum protection period is 25 years.

The owner of a registered industrial design obtains exclusive rights to the design. He will have the right to stop others from copying the design without his consent. The exclusive rights will give him the liberty to use his design in any way he wants, i.e., licensing the design to others for his profit, selling or even sell the design for a sum of money.

Registration of the industrial design gives the owner exclusive right to make or import for sale or hire; for use for the purpose of any trade or business; to sell or hire; to offer or expose for sale or hire, any article to which the registered industrial design has been applied.