Period of registration
(1) The registration of an industrial design shall be deemed to have come into force on the filing date of the application for the registration of the industrial design and shall subsist for five years thereafter.
(2) The period of registration of an industrial design may be extended for two further consecutive terms of five years each, if an application for extension is made in the prescribed form, and the prescribed extension fee is paid before the expiration of the current term.
(3) A period of grace of six months from the date on which any unpaid extension fee was due shall be granted for the payment of such extension fee, subject to the payment of such surcharge as may be prescribed.
(4) Where an application for extension is not made or an extension fee is not paid in accordance with this section, the registration shall lapse, and a notice of lapse of the registration shall be published in the Gazette.
Restoration of lapsed registration
(1) Within one year from the date on which the notice of lapse of the registration of an industrial design was published in the Gazette, the owner or his successor-in-title may apply for the restoration of the registration of the industrial design by—
(a) filing a request for restoration in the prescribed form;
(b) payment of any outstanding extension fee and a prescribed surcharge for restoration; and
(c) filing a statement setting out the circumstances that led to the failure to extend the registration of the industrial design.
(2) Where the Registrar is satisfied that the failure to extend the registration was due to an accident or mistake, he may publish in the Gazette a notice of intention to restore the lapsed registration.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) Any person aggrieved by the Registrar’s decision on the grant or refusal of restoration under this section may appeal to the Court.
Revocation of registration and grant of compulsory licence
(1) At any time after the registration of an industrial design, any person may apply to the Court—
(a) 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;
(b) 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
(c) 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.
(2) The provisions of 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.
Order of Court
No order which is inconsistent with any treaty, convention, arrangement or engagement with any country outside Malaysia shall be made by the Court under section 27.
