Trade Marks Regulations - 1997 Amendments

1. A Power of Attorney is no longer required. A statutory declaration, fully executed and notarized, must be filed by the applicant.

2. An application may be based on intent to use or actual use.

3. It is possible to claim Paris Convention priority. The certified priority document must be filed at the time of application.

New Industrial Design Act 1996

The Industrial Designs Act 1996 of Malaysia ("IDA") which passed in September 1996 came into force on September 1, 1999. Some highlights include:

1. National and Paris Convention applications may be filed for new designs. Applications filed within the transitional period of one year subsequent to enactment of the IDA may claim priority based on the date of a corresponding U.K. application.

2. Priority claims may also be based on a corresponding application filed within six months in a Paris Convention country.

3. The industrial design must have features of shape, configuration, pattern, or ornament which are capable of being applied to an article by an industrial process and must appeal to the eye.

4. An industrial design must be new in order to be registrable. Disclosure will not defeat novelty if made within six months before the filing date.

5. The initial term of registration is 5 years from the filing date, renewable for two 5-year terms.

6. All assignments, transmission, or other operation of law must be recorded.

7. The owner of a registered design has the exclusive right to make, import for sale, hire for use for purposes of any trade or business, sell, hire, or offer or expose for sale, or hire any article which is registered. An action in infringement lies against a person who infringes these rights.

8. Remedies include damages, injunctions, and other legal remedies. No criminal remedies are specifically created in relation to infringement.