Industrial Designs Act 1996 · Updated to 1 Jan 2013 · Part IV · Period of Registration
27. Revocation of registration and grant of compulsory licence
Feedback & supportAt any time after the registration of an industrial design, any person may apply to the Court—
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;
for the revocation of the registration of the industrial design on the ground, subject to section 12, that the industrial design has been disclosed to the public prior to the priority date of the application for registration of the industrial design;
Industrial Designs 23
for the cancellation of the registration of the industrial design on the ground that the registration of the industrial design has been procured by unlawful means; or
for the grant of a compulsory licence in respect of the industrial design on the ground that the industrial design is not applied in Malaysia by any industrial process or means to the article in respect of which it is registered to such an extent as is reasonable in the circumstances of the case, and the Court may make such order on the application as it considers just.
Paragraphs (1)(a) and (1)(b) shall be without prejudice to the right of the owner of an industrial design to request the Registrar for the revocation of a registered industrial design of which he is owner, or to the power of the Registrar to order the revocation of the registration of an industrial design on any other ground as he thinks fit.
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;