Section 17
Priority date and right of priority under treaty or convention
of Industrial Designs Act 1996
Subject to this section, the priority date of an application for the registration of an industrial design is the filing date of the application.
(2)
An application may, pursuant to any international treaty or convention to which Malaysia is party, contain a declaration claiming the priority of one or more earlier national, regional or international applications filed by the applicant or his predecessor in title in or for any state party to the said treaty or convention; and in any such case, the priority date shall be the earliest date on which such earlier national, regional or international applications were filed:
Provided that the application made under this Act has been filed within six months from such earliest date.
Industrial Designs 17
(3)
Where the application contains a declaration under subsection (2), the Registrar may require the applicant to furnish, within the prescribed time, a copy of the earlier application certified as correct by the office with which it was filed.
(4)
The effect of the declaration referred to in subsection (2)
shall be as provided in the treaty or convention referred to in that subsection.
(5)
Where any of the requirements of this section or any regulations pertaining thereto have not been complied with, the declaration referred to in subsection (2) shall be deemed to be invalid.