Industrial Designs Act 1996 · Updated to 1 Jan 2013 · Part III · Registration of Industrial Design
17. Priority date and right of priority under treaty or convention
Feedback & supportSubject to this section, the priority date of an application for the registration of an industrial design is the filing date of the application.
industrial design
“industrial design” means features of shape, configuration, pattern or ornament applied to an article by any industrial process or means, being features which in the finished article appeal to and are judged by the eye, but does not include— (a) a method or principle of construction; or (b) features of shape or configuration of an article which — (i) are dictated solely by the function which the article has to perform; or (ii) are dependent upon the appearance of another article Industrial Designs 9 of which the article is intended by the author of the design to form an integral part;
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.
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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.
Registrar
“Registrar” means the Registrar of Industrial Designs as designated in subsection 4(1);
The effect of the declaration referred to in subsection (2)
shall be as provided in the treaty or convention referred to in that subsection.
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.