Industrial Design Services FAQ

• Should I register my design? 

Without registration, competitors can copy your product’s look with little recourse. Registration gives you a monopoly on the visual appearance, increasing your product’s marketability and value. 

• Can I register a design already on the market? 

Timing is critical. To be registrable, a design must be new at the time of application. If you have already disclosed it to the public anywhere in the world, it may no longer be considered “new” and could be rejected. 

• How do I enforce my design rights? 

If someone infringes your design, we can help you to  take civil action to claim damages and obtain an injunction to stop them. 

• Can I protect my design internationally? 

Yes. Design protection is territorial. We can help you protect your design in other countries through individual filings. 

• How long does protection last?
  
  Industrial design protection lasts for an initial period of 5 years from the filing date. It can be renewed for four further consecutive terms, giving you a maximum protection of 25 years. 
• What exactly can be registered?
  
  You can register the “features of shape, configuration, pattern or ornament” applied to an article. This covers 3D features (like the shape of a car or bottle) and 2D features (like a pattern on fabric or wallpaper). 

• What if my design is both functional and aesthetic? 

Industrial design only protects the visual appearance. If a feature is “dictated solely by function” (i.e., it looks that way only because it has to work that way), it is not registrable as a design and may need Patent protection instead. 

• Can I protect a spare part?  

Generally, no. Features that are “integral parts” dependent on the appearance of another article (e.g., a car panel that must fit a specific car body) are often excluded from registration. 

• What cannot be registered?
  
  You cannot register designs that lack aesthetic appeal, features that are purely functional or designs that are contrary to public order or morality. You also cannot register a design that differs only in “immaterial details” from an existing one. 

• Is Industrial Design the same as Copyright?They can overlap, but they are different. Industrial Design requires formal registration and protects mass-produced articles. Copyright is automatic and protects artistic works. We can advise you on the “5W1H” (Who, What, Where, When, Why, How) to decide which protection is best for your product.

   

  This article is written by 

  Azarith Sofia Binti Aziz
  Principal Associate, Low & Partners