Novelty is a basic and fundamental requirement to obtain a design registration in Malaysia, termed here as industrial designs. This factor separates a design that has existed before against a design that is wholly new or original and has not yet been viewed by the public before. The novelty requirement also ensures that before any […]
Malaysian Industrial Designs-the Courts adopt an objective approach? A case note on Arensi-Marley (M) v Middy Industries
A recently reported Malaysian High Court decision has demonstrated that the Malaysian courts will maintain the principle of the court not deferring to the opinion of witnesses as to the issue of novelty, but make a determination based on the visual impression of the judge. In the case Arensi-Marley (M) Sdn Bhd v Middy Industries […]