30
Laws of Malaysia
Act 332
(b) to issue to the public, or include in a film, broadcast or
cable programme service, anything the making of which
was, by virtue of paragraph (a), not an infringement of
that copyright.
(2) In this section—
“design” means the design of any aspect of the shape or
configuration (whether internal or external) of the whole or part
of an article, other than surface decoration; and
“design document” means any record of a design, whether in
the form of a drawing, a written description, a photograph, data
stored in a computer or otherwise.
Effect of exploitation of design derived from artistic work
13b. (1) This section applies where an artistic work has been
exploited, by or with the licence of the copyright owner, by—
(a) making, by an industrial process or means, articles falling
to be treated for the purposes of this Act as copies of
the work; and
(b) marketing such articles in Malaysia or elsewhere.
(2) After the end of the period of twenty-five years from the
end of the calendar year in which such articles are first marketed,
the work may be copied by making articles of any description,
or doing anything for the purpose of making articles of any
description, and anything may be done in relation to articles so
made, without infringing copyright in the work.
(3) Where only part of an artistic work is exploited as mentioned
in subsection (1), subsection (2) applies only in relation to that
part.
(4) The Minister may by order make provision—
(a) as to the circumstances in which an article, or any
description of article, is to be regarded for the purposes
of this section as made by an industrial process or means;
and