Long Title

Part I PRELIMINARY

Part II REGISTRATION OF DESIGNS

Division 1 — Ownership of Designs

Division 2 — Registrable Designs

Division 3 — Proceedings for Registration

Division 4 — Duration of Registration

Division 5 — Proceedings for Determination of Rights in Registered Designs

Division 6 — Surrender and Revocation of Registration

Division 7 — Miscellaneous

Part III RIGHTS IN REGISTERED DESIGNS

Division 1 — Rights of Registered Owner of Registered Design

Division 2 — Registered Design as OBJECT OF PROPERTY

Division 3 — Infringement Proceedings

Part IV GOVERNMENT USE OF REGISTERED DESIGNS

Part V ADMINISTRATIVE AND OTHER SUPPLEMENTARY PROVISIONS

Division 1 — Registrar

Division 2 — Register

Division 3 — Powers of Registrar

Division 4 — Hours of Business of Registry

Part VA THE GENEVA ACT OF THE HAGUE AGREEMENT, ETC

Part VI OFFENCES

Part VII MISCELLANEOUS AND GENERAL PROVISIONS

THE SCHEDULE Transitional Provisions

Legislative Source Key

Legislative History

Comparative Table

Division 3 — Powers of Registrar
Costs in proceedings before Registrar
56.
—(1)  The Registrar may, in proceedings before him under this Act, by order award to any party such costs as he may consider reasonable and direct how and by what parties they are to be paid.
(2)  The rules may provide for the taxation of the costs, or any part thereof, by the Registrar.
(3)  A party desirous to obtain costs or to have the costs taxed shall apply to the Registrar in accordance with the rules.
(4)  If a party is ordered to pay the costs of another party, the costs may be recovered in a court of competent jurisdiction as a debt due by the first party to the other party.
[Trade Marks 1999 Ed., s. 69]
Correction of Register
57.
—(1)  The Registrar may, in accordance with the provisions of this section, correct any clerical error in the Register.
(2)  A correction may be made under this section either upon a request in writing made by any person interested, or on the Registrar’s own initiative.
(3)  A request referred to in subsection (2) shall be made in the prescribed form and be accompanied by the prescribed fee.
(4)  The Registrar shall not be obliged to correct on his own initiative any error not due to the default of the Registrar.
(5)  Where the Registrar proposes to make any correction on his own initiative, he shall give notice of the proposal to every person who appears to him to be likely to be affected by the correction, and shall give him an opportunity to be heard before making the correction.
[UK Designs 1949, s. 21]
Powers of Registrar
58.  The Registrar may, for the purposes of this Act —
(a)
summon witnesses;
(b)
receive evidence on oath, whether orally or otherwise; and
(c)
require the production of documents or articles.
[Patents 1995 Ed., s. 8]
Disobedience to summons an offence
59.
—(1)  A person who has been summoned to appear as a witness before the Registrar shall not, without lawful excuse, fail to appear in obedience to the summons.
(2)  A person who has been required by the Registrar to produce a document or an article shall not, without lawful excuse, fail to produce the document or article.
(3)  Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.
[Patents 1995 Ed., s. 9]
Refusal to give evidence an offence
60.
—(1)  A person who appears before the Registrar shall not, without lawful excuse, refuse to be sworn or to make an affirmation, or to produce documents or articles, or to answer questions, which he is required by the Registrar to produce or answer.
(2)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.
[Patents 1995 Ed., s. 10]
Immunity of Office and Registrar as regards official acts
61.  Neither the Office nor the Registrar nor any person acting under his authority —
(a)
shall be taken to warrant the validity of the registration of any design registered under this Act or under any treaty, convention, arrangement or engagement to which Singapore is a party; or
(b)
shall be subject to any liability by reason of, or in connection with, any examination required or authorised by this Act, or any such treaty, convention, arrangement or engagement, or any report or other proceedings consequent on such examination.
[HK Designs, s. 74]
[3/2001]
Appeal from decision or order of Registrar
62.
—(1)  Except as provided by rules made under this Act, an appeal lies to the Court from any decision or order of the Registrar under this Act.
(2)  Any appeal under this Act which concerns an application for registration of a design shall be heard in camera unless the Court otherwise directs.
(3)  In this section, "decision" includes any act of the Registrar done in the exercise of a discretion vested in him by or under this Act.
[HK Designs, s. 58]
Exercise of discretionary power
63.  Where any discretionary power is given to the Registrar by this Act, the Registrar shall not exercise the power without giving to any person who may be adversely affected by his decision an opportunity to be heard.
[HK Designs, s. 73]