Service by post
s 44
Any notice required or authorized to be given under this Act or regulations made under this Act, and any application or other document so required or authorized to be made or filed, may be given, made or filed by post.
Industrial Designs Act 1996 Part IX — Miscellaneous
Agent
s 45
(1) Where by this Act or any regulations made under this Act any act has to be done by or to any person in connection with an industrial design or any procedure relating thereto, the act may, under and in accordance with this Act and any regulations made under this Act or in particular cases by special leave of the Registrar, be done by or to an agent of that person duly authorize in the prescribed manner. (2) The Registrar shall not be bound to recognize such agent who has been convicted of crimes involving fraud or dishonesty, or is an undischarged bankrupt or had been struck off or otherwise removed from the register of membership of any professional body, or suspended for the time being from practising by any such body or committee thereof.
Appeal
s 46
(1) Any person aggrieved by any decision or order of the Registrar may appeal to the Court. (2) The same rules of procedure on appeal shall apply to appeals made under subsection (1) as to appeals to the High Court from a decision of a subordinate court in civil matters.
Regulations
s 47
(1) Subject to the provisions of this Act, the Minister may make regulations for the purpose of carrying into effect the provisions of this Act. (2) In particular and without prejudice to the generality of subsection (1), regulations made under this section may provide for all or any of the following: (a) to regulate the procedure to be followed in connection with any proceeding or other matter before the Registrar or the Industrial Designs Registration Office under this Act including the service of documents; (b) to classify articles for the purpose of registration of industrial designs; (c) to make or require duplication of documents connected with the registration of industrial designs; (d) to prescribe fees to be paid in connection with any proceeding or other matter or in connection with the provision of any service by the Registrar or the Industrial Designs Registration Office, and to prescribe the amount of such fees and to allow different fees in certain circumstances for certain prescribed cases; (e) to prescribe forms and other matters to be used under this Act; (f) to regulate the keeping of the Register and to prescribe the form and contents thereof; (g) to regulate the mode of giving evidence in any proceeding before the Registrar under this Act and to empower the Registrar to compel the attendance of witnesses and the discovery and production of documents; (h) for doing anything required to be done in connection with any proceeding or other matter before the Registrar or the Industrial Designs Registration Office; (i) to govern the recognition of agents representing applicants or other parties before the Registrar or the Industrial Designs Registration Office, and to prescribe qualifications and other conditions to be satisfied by such agents before being permitted to appear before the Registrar or the Industrial Designs Registration Office, and to otherwise regulate their conduct as such agents; (j) to prescribe time limits; and (k) to regulate generally matters pertaining to the business of the registration of industrial designs carried on in the Industrial Designs Registration Office whether or not specially prescribed under this Act.
Convention countries
s 48
(1) The Minister may, by order published in the Gazette with a view to the fulfilment of a treaty, convention, arrangement or engagement between Malaysia and another country, declare that a country specified in the order is a convention country for the purposes of this Act. (2) Where the Minister, by order declares that an application for protection in respect of an industrial design is, in accordance with the terms of a treaty subsisting between two or more convention countries, equivalent to an application made in one of those convention countries, the first-mentioned application shall, for the purposes of this Act, be deemed to have been made in that convention country. (3) Where the Minister, by order, declares that an application for protection in respect of an industrial design is, in accordance with the law of a convention country, equivalent to an application made in that convention country, the first-mentioned application shall, for the purposes of this Act, be deemed to have been made in that convention country.
Repeal and saving provisions
s 49
(1) The United Kingdom Designs (Protection) Act 1949 [Act 214], the United Kingdom Designs (Protection) Ordinance of Sabah [Sabah Ord. Cap. 152], and the Designs (United Kingdom) Ordinance of Sarawak [Sarawak Ord. Cap. 59] (hereinafter collectively referred to as the “repealed laws”) are repealed. (2) Notwithstanding subsection (1)— (a) any subsidiary legislation made under the repealed laws shall in so far as such subsidiary legislation is not inconsistent with the provisions of this Act continue in force and have effect as if it had been made under this Act and may be repealed, extended, varied or amended accordingly; (b) any appointment made under the repealed laws or subsidiary legislation made under the repealed laws shall continue in force and have effect as if it had been made under this Act unless the Minister otherwise directs; (c) any registration protected under the repealed laws and in force immediately prior to the coming into force of this Act shall, subject to the terms, conditions and the period of validity specified in the registration, continue in force and have the like effect as if it had been effected under this Act, but any extension thereafter shall be in accordance with subsection 50(2).
Transitional
s 50
(1) Where, prior to the coming into force of this Act, an application for registration of an industrial design has been made under the Registered Design Act 1949 of the United Kingdom [12, 13 & 14 Geo VI (U.K. 1949) c. 88] as amended by the Copyright, Designs and Patents Act 1988 of the United Kingdom [(U.K. 1988) c. 48] and is pending registration, the applicant may, within a period of twelve months from the coming into force of this Act, make an application for the registration of the industrial design under this Act, and such application shall be accorded the priority date which has been accorded to it in the United Kingdom. (2) A certificate of registration granted under the Registered Designs Act 1949 of the United Kingdom shall have the maximum period of validity accorded under the repealed laws and for this purpose, the extension procedure shall be as prescribed in the regulations made under section 47 of this Act. LAWS OF MALAYSIA
Back to Industrial Designs Act 1996 — full text
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).
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