24 Jun 2013 24june 2013 P.U. (A) 182
WARTAKERAJMN PERSEKUTUAN
FEDERAL GOVERNMENT GAZETTE
PERATURAN-PERATURAN REKA BENTUK PERINDUSTRIAN (PINDAAN) 2013
INDUSTRIAL DESIGNS (AMENDMENT) REGULATIONS 2013
DISIARKAN OLEH/ PUBLISHED BY
JABATAN PEGUAM NEGARA/ ATTORNEY GENERAL'S CHAMBERS
Co pyright of the At torney General's Chambers of M al aysia
INDUSTRIAL DESIGNS ACT 1996
INDUSTRIAL DESIGNS (AMENDMENT) REGULATIONS 2013
P.U. (A) 182
IN exercise of the powers conferred by section 47 of the Industrial Designs Act 1996
[Act 552], the Minister makes the following regulations:
Citation and commencement
1. (1) These regulations may be cited as the Industrial Designs (Amendment}
Regulations 2013.
(2) These Regulations come into operation on 1 July 2013.
Amendment ofregulation 21
2. The Industrial Designs Regulations 1999 [P.U. (A) 351/1999], which are referred
to as the "principal Regulations" in these Regulations, are amended by substituting for
regulation 21 the following regulation:
"Particulars to be entered in the Register
21. The Registrar shall enter the particulars relating to each industrial design
in the Register such as follows:
(a) the date of registration;
(b) the priority date, if any, accorded pursuant to a claim to a right to
priority under section 17 of the Act and the name of the country or
territory concerned;
(c) the name, address and address for service of the owner;
(d) the registration number;
(e) a representation of the industrial design;
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P.U. (A) 182
(f) the statement of novelty relating to the industrial design;
(g) particulars of the title or interest affecting the industrial design
under section 30 of the Act, if any;
(h) an entry made under subregulation 26(2);
(i) the date on which the industrial design expired, lapsed, revoked,
cancelled or invalidated;
(j) the name of the agent appointed in accordance with regulation 32,
his address or the address for service, if any; and
(k) such other particulars as the Registrar thinks fit to enter in the
Register.".
Amendment ofregulation 22
3. Regulation 22 of the principal Regulations is amended by substituting for the
word "Gazette" the words "Official Journal".
Amendment ofregulation 23
4. Regulation 23 of the principal Regulations is amended in subregulation (1), by
substituting for the words "within six months" the words "at any time".
Amendment ofregulation 26
5. The principal Regulations are amended by substih1ting for regulation 26 the
following regulation:
"Application to record assignment, etc.
26. (1) An application to register particulars of the title or interest under
subsection 30(1) of the Act shall-
(a) be made to the Registrar in ID Form 5;
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(b)
P.U. (A) 182
be accompanied by-
(i) a prescribed fee; and
(ii) a certified copy of the assignment, transmission,
operation of law or security transaction, as the case
maybe; or
(iii) such other evidence as the Registrar deems as
sufficient proof of the transaction.
(2) The Registrar may require the applicant to furnish such other
document, instrument or information in support of the application as the
Registrar thinks fit within such time as the Registrar may specify.
(3) The applicant may apply to the Registrar for an extension of time
in Form ID 13 before the expiry of the time specified by the Registrar referred to
in subregulation (2) or any extended period previously allowed by the Registrar.
(4) Where the transaction is effected by an instrument chargeable
with duty, the granting of the application shall be subject to the Registrar being
satisfied that the instrument has been duly stamped.
(5) An application to amend any particulars of the title or interest
affecting the industrial design under subsection 30(1) of the Act shall be made in
Form ID9.
(6) If the Registrar is satisfied that the application is completed, the
Registrar shall make such entry in the Register as he thinks fit.''.
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P.U. (A) 182
Amendment ofregulation 28
6. Regulation 28 of the principal Regulations is amended-
(a) in subregulation (1), by substituting for the words "notice of motion" the
words "originating summons"; and
(b) in subregulation (3), by substituting for the word "Gazette" the words
"Official journal".
Amendment ofregulation 30
7. Regulation 30 of the principal Regulations is amended in subregulation (3), by
substituting for the word "Gazette" the words "Official journal".
Amendment ofregulation 36
8. Regulation 36 of the principal Regulation is amended in paragraph (1){a), by
substituting for the words "Rules of the High Court 1980 [P.U. (A) 50/80]" the words
"Rules of Court 2012 [P.U. (A) 205/2012]".
Amendment ofregulation 45
9. Regulation 45 of the principal Regulations is amended by substituting for the
word "uncertified" the word "duplicate".
Amendment of First Schedule
10. The First Schedule to the principal Regulations is amended in item 14, by
substituting for the word "uncertified" wherever appearing the word "duplicate".
Amendment ofSecond Schedule
11. The Second Schedule to the principal Regulations is amended-
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P.U. (A) 182
(a) by substituting for ID FORM 5 the following form:
"IDFORM 5
INTELLECTUAL PROPERTY CORPORATION OF MALAYSIA
lndustlial Designs Act 199 ludustiial Designs Regulations 1999 (Section30 and Regulation 26)
lndusnial Designs Regist1·ation Office
APPLICATION TO RECORD THE ASSIGNMENT, TRANSMISSION, OTHER OPERATION OF LAW OR SECURITY INTEREST TRANSACTION TO:
(i) A REGISTERED INDUSTRIAL DESIGN; OR
(ii) APPLICATION FOR REGISTRATION OF AN INDUSTRIAL DESIGN
1. Application number (for official use only):
2. Registrationnumber(s): Give the total number if more than one.
3. Full name and address of the/each applicant/owner of the indusmal design as currently recorded on the Register or application(s):
4. Full name and address of the/each person making tl1is application: (Leave blank ifthis information is the same as given in column 3)
5. Grounds for this application:
A certified copy of the document of the assignment, transmission, other operation of law or security interest transaction shall be enclosed.
Please state where relevant
D Assignment D Transmission D Other operation of law D Security Interest Transaction
Give details including the date and the names of all the parties involved, including for corporate bodies, the country and, if appropriate, state of incorporation.
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P.U. (A) 182
Name:
Date:
6. Name of the agent (if applicable):
Address for setvice in Malaysia to which correspondence should be sent:
7. Declaration:
(Name of each signatory should be entered, and status, if relevant)
1/We declare that where the indusn·ial design right exists in the/each industrial design mentioned in column 2, the persons(s) entitled to any interest which the applicant is seeking to register by this application is/are also entitled to the corresponding interest in the industrial design right.
(Delete whichever is not applicable)
Signature(s) Date
8. Name and telephone number of person to contact in Malaysia:
"·-----------------------------------------------------------· and
(b) by substituting for the word "uncertified" in ID Form 14 wherever
appearing the word "duplicate".
Made 12 June 2013 [KPDN (MYIPO); PN(PU2)5BB/III]
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Copyright of th~? Attorney General'~ Chambers of Malaysia
DATO' HASAN BIN MALEK Minister ofDomestic Trade,
Co-operatives and Consumerism