Section 12
Registrable industrial design
of Industrial Designs Act 1996
Subject to this Act, an industrial design shall not be registered unless it is new.
(2)
An industrial design for which an application for registration is made shall not be considered to be new if, before the priority date of that application, it or an industrial design differing from it only in immaterial details or in features commonly used in the relevant trade—
(a)
was disclosed to the public anywhere in Malaysia; or
(b)
was the subject matter of another application for registration of an industrial design filed in Malaysia but having an earlier priority date made by a different applicant in so far as that subject matter was included in a registration granted on the basis of that other application.
(3)
For the purposes of paragraph (2)(a), an industrial design shall not be deemed to have been disclosed to the public solely by reason of the fact that, within the period of six months preceding the filing date of an application for registration—
(a)
it appeared in an official or officially recognized exhibition;
or
(b)
it has been disclosed by a person other than the applicant or
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his predecessor in title as a result of an unlawful act committed by that other person or another person.