Recordal Of Licence For Design Registration In Malaysia

Question 1
Must our client record the recordal of licence with an appropriate agency in Malaysia in order to validate such license there?

Answer 1
Yes, the Owner (the “licensor”) of the Design is required to appoint an Agent (Registered Design Agent in Malaysia) to record the license agreement at MyIPO (Intellectual Property Corporation of Malaysia) to the effect that any person (“the licensee”) may obtain a license to the said Design.

Question 2
If recordal of the worldwide rights is not necessary, but is optional, what are the advantages of recording that agreement, with whom is it recorded? Do you recommend such recordation?

Answer 2
Recordal of the worldwide rights is optional as it depends on the jurisdiction of the respective countries. We recommend such recordation in Malaysia as you are required to record the said license agreement at MyIPO as no transmission of rights shall have effect against any third parties unless recorded at MyIPO.

Question 3
May a “redacted” or edited version of such agreement be recorded, if recordal is required or advantageous?

Answer 3
Yes. A “redacted” or edited version of such agreement can be recorded as long as it is executed between the 2 parties (“the licensor” and “the licensee”).

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