Up to now, Malaysia has had no independent design law and designs registered in the United Kingdom have been deemed to extend to Malaysia. The Malaysian legislature passed legislation to create a national law in 1996. However, implementation was delayed. It will come into effect on:

September 1, 1999.

British applications filed after that date it will no longer have any effect in Malaysia and for protection in Malaysia a separate Malaysian application will be required.

The substantive provisions of the new law are substantially the same as the current Registered Design Act in the United Kingdom except that only two periods of renewal are permitted so that the maximum term of protection is fifteen years. Protection is restricted to designs that "appeal to the eye" and is not available for features that are "dictated solely by function" or are dependent on the appearance of another article of which the first article is an integral part. Novelty is judged having regard to what was disclosed in Malaysia before the filing or priority date.

Designs already registered in the United Kingdom when the new law came into effect and so already having effect in Malaysia will have a maximum term of protection of twenty-five years subject to the payment of renewal fees in Malaysia that will initially become due six months prior to the expiration date of the current British protection period.

So far as applications pending in the United Kingdom on September 1, 1999 are concerned, transitional provisions provide that for one year after the new law comes into effect persons having design registration applications pending in the United Kingdom on that date will be able to file design applications in Malaysia claiming priority from their filing date in the United Kingdom.