Industrial Designs Act 1996 · Updated to 1 Jan 2013 · Part IV · Period of Registration
26. Restoration of lapsed registration
Feedback & supportWithin one year from the date on which the notice of lapse of the registration of an industrial design was published in the
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;
Gazette, the owner or his successor-in-title may apply for the restoration of the registration of the industrial design by—
owner
“owner” means the person who is registered as the owner of the registered industrial design or, if there are two or more such persons, each of those persons;
filing a request for restoration in the prescribed form;
payment of any outstanding extension fee and a prescribed surcharge for restoration; and
filing a statement setting out the circumstances that led to the failure to extend the registration of the industrial design.
22 Laws of Malaysia ACT 552
Where the Registrar is satisfied that the failure to extend the registration was due to an accident or mistake, he may publish in the
Registrar
“Registrar” means the Registrar of Industrial Designs as designated in subsection 4(1);
Gazette a notice of intention to restore the lapsed registration.
Any interested person may, within three months from the date of such publication, give notice to the Registrar of opposition to the restoration of the registration and shall serve a copy of the notice on the applicant for restoration.
Where no notice of opposition is given in accordance with subsection (3) within the period of three months following the date of the publication referred to in subsection (2), the Registrar shall restore the registration of the industrial design, which shall have effect as if that registration had not lapsed, and he shall publish a notice in the
Gazette that the registration has been so restored.
Where a notice of opposition is given in accordance with subsection (3), the Registrar shall, after giving the opponent and the applicant for restoration an opportunity to be heard, decide the matter, and where he decides to restore the registration, the registration shall have effect as if it had not lapsed, and he shall publish a notice in the
Gazette that the registration has been so restored.
Actions or proceedings shall not be taken in respect of an infringement of the registered industrial design committed between the date on which the registration of the industrial design ceased to be in force and the date of the publication in the Gazette of the restoration of the industrial design.
registered industrial design
“registered industrial design” means an industrial design registered under this Act;
Any person aggrieved by the Registrar’s decision on the grant or refusal of restoration under this section may appeal to the Court.