Rights of owner are personal property
(1) The rights of an owner with respect to a registered industrial design are personal property and are capable of assignment and transmission by operation of law. (2) Subject to this Act, the laws applicable to ownership and devolution of personal property shall apply in relation to a registered design as they would apply in relation to other choses in action. (3) An assignment referred to in subsection (1) shall be in writing.
Registration of assignment, transmission or other operation of law
(1) Where any person becomes entitled by assignment or transmission or through other operation of law to a registered industrial design or to an application for the registration of an industrial design, he shall apply to the Registrar in the prescribed manner to have such assignment, transmission or other operation of law recorded in the Register. (2) No assignment, transmission or other operation of law in respect of a registered industrial design shall have effect against third parties unless recorded in the Register.
Joint ownership
(1) Where an industrial design is registered in favour of two or more persons, each of them shall, subject to any agreement between them to the contrary, be entitled to an equal undivided share in the registered industrial design. (2) Where two or more persons are joint owners of a registered industrial design, then, subject to this section and to any agreement between them to the contrary— (a) each of them shall be entitled, by himself or through his agents, to do any act, for his own benefit and without the consent of or the need to account to the other or others, which would apart from this subsection amount to an infringement of the registered industrial design; and (b) any such act shall not amount to an infringement of the registered industrial design. (3) Where two or more persons are joint owners of a registered industrial design, then, subject to any agreement between them to the contrary, none of them shall without the consent of the other or others grant a licence with respect to the use of the registered industrial design, or assign or mortgage his interest in the registered industrial design. (4) The provisions of this section shall have effect in relation to a right to apply for the registration an industrial design as they have effect in relation to a registered industrial design, and references to a registered industrial design shall include references to a right to apply for the registration of an industrial design.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).