IP/N/1/MYS/D/2  
 
6 August 2013  
(13-4192)  Page: 1/10  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
 MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
MALAYSIA  
This document reproduces the text1 of the Industrial Designs (Amendment) Act 2013, as notified 
by the Delegation of Malaysia on 26 July 2013 und er Article 63.2 of the Agreement (see document 
IP/N/1/MYS/2). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
MALAISIE  
Le présent document contient le texte1 de la Loi de 2013 (modification) sur les dessins et modèles 
industriels, notifiée par la Délégation de la Malaisie le 26 juillet 2013 au titre de l'article 63:2 de 
l'Accord (voir le document IP/N/1/MYS/2).  
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
M
ALASIA  
En el presente documento se reproduce el texto1 de la Ley de Dibujos y Modelos Industriales 
(modificación) de 2013, notificada por la delegación de Malasia el 26 de julio de 2013 en virtud de 
lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/MYS/2).  
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/MYS/D/2 
 
- 2 - 
 
  PP 3-10 - Offset (Pdf file attached) 
PP 3 à 10 - Offset (fichier Pdf joint) PP 3-10 - Offset (fichero Pdf adjunto) 
 
 
 
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I 
JW000084 A1449 (Sl).iodd 1 LAWS OF MALAYSIA 
Act A1449 
INDUSTRIAL DESIGNS (AMENDMENT) 
ACT 2013 
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        - 3 -Date of Royal Assent 
Date of publication in the 
Gazette 
Pub!L<.her·s Copyright © 
PERCETAKAN NASIONAL MAI,AYSJA BERHAD 18 January 2013 
22 January 2013 
All rights reserved. No part Oflhi, publication ma~' be reproduced, stored in a retrieval ,}',lcm or tran,milled in any rOml orb}' any means 
ele.:tronlc, mechanical, pholocop)'ing. recording and/or otherwise without the prior p.:rmi"ion of Peri:etakan Naslonal ~fala)'sia Berhad 
(Appointed Prinler to the Go\ernment of ;'Ilala,sia). 
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        - 4 -JW000084 A 1449 (BI).indd 3 LAWS OF MALAYSIA 
Act A1449 
INDUSTRIAL DESIGNS (AMENDMENT) 
ACT 2013 
An Act to amend the Industrial Designs Act 1996. 
[ 
ENACTED by the Parliament of Malaysia as follows: 
Short title and commencement 1 
1. (I) This Act may be cited as the Industrial Designs (Amendment) 
Act 2013. 
(2) This Act comes into operation on a date to be appointed 
by the Minister by notification in the Gazette. 
Amendment of section 3 
2. The Industrial Designs Act 1996 [Act 552], which is referred 
to as the "principal Act" in this Act, is amended in subsection 3(1) 
by inserting after the definition of "Minister" the following 
definition: 
, "Official Journal" means the Intellectual Property Official 
Journal published by the Registrar under section 46A;'. 
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Amendment of section 12 
3. Paragraph 12(2)( a) of the principal Act is amended by inserting 
after the word "Malaysia" the words "or elsewhere". 
Amendment of section 22 
4. Subsection 22(2) of the principal Act is amended by substituting 
for the word "Gazette" the words "Official Journal". 
Amendment of section 25 
5. Section 25 of the principal Act is amended-
(a) in subsection (2), by substituting for the word "two" the 
word "four"; and 
(b) in subsection (4), by substituting for the 1V0rd "Gazette" 
the words "Official Journal". 
Amendment of section 26 
6. Section 26 of the principal Act is amended by substituting 
for the word "Gazette" wherever it appears the words "Official 
Journal". 
Amendment of heading of Part V 
7. The principal Act is amended by substituting for the heading 
of Part V the following heading: 
"REGISTERED INDUSTRIAL DESIGN AS 
PERSONAL PROPERTY". 
Substitution of sections 29 and 30 
8. The principal Act is amended by substituting for sections 29 
and 30 the following sections: 
"Registered industrial design is personal property 
JWOOO084 A1449 (BI).indd 4 29. (1) A registered industrial design is personal property 
and is capable of assignment, transmission or being dealt 
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        - 6 -JWOOO084 A1449 (BI).indd 5 Industrial Designs (Amendment) 5 
with by operation of law in the same way as other personal 
or moveable property, subject to the provisions of this 
section. 
(2) Any transmission of a registered industrial design or 
an application for the registration of an industrial design is 
subject to any rights vested in any other person of which 
notice is entered in the Register or of which notice is given 
to the Registrar. 
(3) An assignment of a registered industrial design or an 
application for the registration of an industrial design shall 
not be effective unless it is in writing and signed by or on 
behalf of the assignor and the assignee or, as the case may 
be, a personal representative thereof. 
(4) Subsection (3) shall apply to assignment by way of 
security as in relation to any other assignment. 
(5) A registered industrial design may be the subject of 
a security interest in the same way as other personal or 
moveable property. 
(6) The owner of a registered industrial design may grant 
a licence to any person to use that registered industrial 
design. 
(7) Any rights in respect of a registered industrial design 
may be enforced in like manner as in respect of any other 
personal or moveable property. 
Recording of assignment, etc. 
30. (1) Where a person becomes entitled to-
(a) a registered industrial design by way of an assignment 
or transmission or by operation of law or by a 
security interest transaction; or 
(b) an application for the registration of an industrial 
design by way of an assignment or transmission, 
he shall apply to the Registrar in the prescribed manner to 
record his title or interest in the Register. 
(2) The Registrar shall record the particulars of the title 
or interest referred to in subsection (1) in the Register. 
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(3) No assignment or transmission or operation of law or 
security interest transaction in respect of a registered industrial 
design shall have effect against third parties unless recorded 
in the Register.". 
Amendment of section 35 
9. Section 35 of the principal Act is amended by inserting after 
subsection (3) the following subsection: 
"(4) The Court shall refuse to award costs to the owner 
of a registered industrial design who becomes entitled to the 
registered industrial design by way of assignment or transmission 
or by operation of law or by a security interest transaction in 
respect of an infringement unless-
(a) an application to record his title or interest is made under 
section 30 before the end of the period of six months 
beginning from the date of the relevant transaction; or 
(b) the Court is satisfied that it was not practicable for the 
said application to be made before the end of that period 
and that an application was made as soon as practicable 
thereafter." . 
New section 46A 
10. The principal Act is amended by inserting after section 46 
the following section: 
"Intellectnal Property Official Journal 
46A. (l) The Registrar shall publish an Intellectual Property 
Official Journal which shall contain-
(a) all matters relating to industrial designs which is required 
to be published under this Act or any regulations made 
under this Act; and 
(b) such other information or matters relating to industrial 
designs as the Registrar considers generally useful or 
important. 
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        - 8 -JW000084 A1449 (Bl),indd 7 Industrial Designs (Amendment) 7 
(2) The Official Journal shall be made available to the 
public on payment of the prescribed fee. 
(3) Publication in the Official Journal shall constitute 
sufficient notice of any matter required to be published under 
this Act or any regulations made under this Act. 
(4) A copy of the Official Journal shall on its production 
be admitted in legal proceedings as evidence without further 
proof being given that the copy was so published. 
(5) A copy of the Official Journal shall be prima facie 
evidence of the facts stated therein. 
(6) Where the Official Journal is published in more than 
one form, the date of publication of the Official Journal 
shall be deemed to be the date the Official Journal is first 
published in any form.". 
Amendment of section 47 
11. Subsection 47(2) of the principal Act is amended by inserting 
after paragraph (c) the following paragraphs: 
"( cal to regulate the procedure for the recording of the matters 
required under section 30; 
(cb) to prescribe any matters or information required to be 
published in the Official Journal;". 
Saving and transitional 
12. (l) Any legal proceedings which are pending before the date 
of coming into operation of this Act shall be continued as if this 
Act had not been enacted. 
(2) Any matter required to be published in the Gazette before 
the date of coming into operation of this Act shall be published 
accordingly in the Gazette as if this Act had not been enacted. 
(3) Any application for the registration of an industrial design 
pending on the date of coming into operation of this Act shall 
be dealt with under the principal Act as amended by this Act. 
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(4) Except for a registered industrial design saved under 
section 49 of the principal Act, an industrial design that has been 
registered under the principal Act before the date of coming into 
operation of this Act may, on an application under section 25 of 
the principal Act as amended by this Act, be extended for the 
available further consecutive terms of five years each. 
(5) Any matter published in the Gazette under the principal 
Act shall be deemed to be published in the Official Journal and 
section 46A shall apply accordingly without prejudice to any other 
written laws. 
DlCETAK OLEH 
PERCETAKAN NASIONAL MALAYSIA BERHAD, 
KUALe\ LUMPUR 
BAG! PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA 
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