In the Jewellery Industry, protecting Intellectual Property can be a complex task, especially given the differences in legal frameworks across various jurisdictions. In Malaysia, there are specific provisions under which Jewellery Designs can be protected. This article focuses on the Intellectual Property protection available to small and emerging Jewellery artists in Malaysia, highlighting the legal avenues they can use to safeguard their rights.
Protection of Jewellery Designs under Malaysia Copyright Act 1987
It is possible to protect Jewellery Designs under the Copyright Law. Generally, under the Copyright Act, the following can be protected:
- Musical works
- Artistic works (paintings, sculptures, photographs, drawings, diagrams, maps, charts, engravings, etc)
- Literary works (books, articles, plays, pamphlets, scripts, memoranda, tables, reports, compilations, etc)
- Broadcasts
- Sound recordings
- Films
- Derivative works
Jewellery Designs falls under the definition of Artistic Work. In our context, Artistic Work would mean the following:
- It encompasses both two-dimensional and three-dimensional creations, capturing a wide range of artistic expressions and styles
- To be considered Artistic Work, the creation should exhibit a level of originality, creativity, and artistic craftsmanship
- It reflects the personal expression and unique vision of the creator, making it distinct from mere functional or utilitarian objects
Once an original Jewellery Design is created and reproduced in a tangible form, it may be covered under Copyright Law. This protection encompasses unique design elements, intricate patterns and aesthetic features that give a piece its artistic value. In Malaysia, Copyright protection arises automatically upon the creation of an original work, though registering the Copyright with Intellectual Property Corporation of Malaysia provides additional legal benefits, such as the ability to sue for statutory damages and the ability to prove ownership for the Artistic Work.
Under the Copyright Act, one can claim protection for sketches of jewellery designs. I am sure some of you have come across the case of Copyright Infringement involving Wanderlust + Co, a brand which was founded by our very own Malaysian artist Jenn Low. Wanderlust + Co is well known for its consciously produced Tarot Series jewellery pieces who had its designs copied and sold by a fast-fashion company from China called Shein. This event revealed a look into Intellectual Property and why Intellectual Property protection is important for your brand, invention and business.
Protection of Jewellery Designs under Malaysia Industrial Designs Act 1996
Industrial Designs, as defined and governed by the Malaysian Industrial Designs Act 1996, are features of shape, configuration, pattern or ornament applied to an article through industrial processes or means. An Industrial Design is an Intellectual Property Right aimed at protecting the appearance of a product, in particular resulting from its lines, contours, colours, shape, and materials. Registered designs can be a valuable and cost-effective component of an Intellectual Property portfolio, but they are often underutilised.
Example of an Industrial Design registered by Louis Vuitton Malletier
- FIG. 1 is a front perspective view of jewellery showing my new design;;
- FIG. 2 is a front view thereof;;
- FIG. 3 is a back view thereof;;
- FIG. 4 is a right side view thereof;;
- FIG. 5 is a left side view thereof;;
- FIG. 6 is a top view thereof; and,;
- FIG. 7 is a bottom view thereof.;
Industrial Design grants protection to the visual features of Jewellery Design, such as its shape, pattern, configuration, ornamentation, composition of lines or colors applied to an article. Registration under this Act grants the proprietor exclusive rights to use the design and prevent others from copying or imitating it, regardless of the materials used to reproduce the design.
Industrial Design protection can also be applied to a small part of a product. For example, protection for the pendant of a jewellery only, because Industrial Designs cannot protect designs that are common (the shape of jewellery straps is generally circular). On the contrary, Copyright protection applies to the jewellery in its entirety. Therefore, Industrial Design protection is a form of enhancement of existing protection by combining the aesthetic and functional aspects of a product.
Before claiming protection under the Industrial Designs Act, one must be clear with the basic requirements which are:
- The design of Jewellery should be original or new
- The design of Jewellery should not be disclosed to the public or sold in trade
- The design of Jewellery must be significantly distinguishable from the known design or combination of known design
- The design of Jewellery must be eye appealing
Industrial Design protection may sound similar to the kind of protection that Copyright provides, because Copyright also protects Artistic Work. What makes them different is that Copyright protection is not intended for a product that will be mass produced.
Protection of Jewellery Designs under the Trademarks Act 2019
Trademarks protect symbols, names, logos, and slogans used to identify and distinguish goods. In the context of Jewellery, a designer’s name, logo or a specific mark used consistently on their pieces can be trademarked. Trademarks help build brand identity and prevent others from using similar marks that could confuse consumers.
The following key elements of your Jewellery brand can be trademarked:
NAME: A distinctive name serves as your brand’s primary identifier. Famous names like “Habib Jewel” and “Love & Co.” help build reputation and customer loyalty. By trademarking your name, you ensure it is uniquely associated with your products.
LOGO: Your logo visually represents your brand, such as the “Louis Vuitton Monogram Jewelry.” Trademarking your logo protects your brand’s image across all marketing and product lines, enhancing both credibility and visibility.
SLOGAN: A catchy slogan captures the essence of your brand. Phrases like “Believe in Love” by Tiffany & Co. are memorable and reinforce brand messaging. Trademarking your slogan secures its exclusive association with your brand.
Example of Trademark registered by Louis Vuitton Malletier under Class 14 in Malaysia
Protecting Intellectual Property in the Jewellery Design industry requires a solid grasp of legal principles, thoughtful use of various Intellectual Property laws. Small and emerging Jewellery artists in Malaysia can safeguard their work through Copyright, Industrial Design and Trademarks. Keeping detailed records of the Design process and registering Copyright early can strengthen legal protection and ownership rights.
Please feel free to get in touch with us if you have any inquiries regarding any issues in Malaysia. We will be happy to assist you.
Written by:
Hardeep Singh