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

PART V
ADMINISTRATIVE AND OTHER SUPPLEMENTARY PROVISIONS
Division 1 — Registrar
Registrar of Designs and other officers
49.
—(1)  There shall be a Registrar of Designs who shall have control of the Registry of Designs.
(2)  There shall be one or more Deputy Registrars of Designs who shall, subject to the control of the Registrar, have all the powers and functions of the Registrar under this Act, other than the powers of the Registrar under section 50.
(3)  There shall be one or more Assistant Registrars of Designs.
(4)  The Registrar and all the other officers under this section shall be appointed by the Minister.
[Trade Marks 1999 Ed., s. 62]
Delegation by Registrar
50.
—(1)  The Registrar may, in relation to a particular matter or class of matters, by writing under his hand, delegate all or any of his powers or functions under this Act (except this power of delegation) to an Assistant Registrar of Designs, any public officer, or any person with the relevant qualifications for or experience in the matter or class of matters, so that the delegated powers and functions may be exercised by the delegate with respect to the matter or class of matters specified in the instrument of delegation.
(2)  A delegation under this section is revocable at will and no delegation shall prevent the exercise of a power or function by the Registrar or by any Deputy Registrar of Designs.
[Trade Marks 1999 Ed., s. 63]
(3)  A person with the relevant qualifications or experience referred to in subsection (1) shall, when exercising the delegated powers and functions, be deemed to be a public servant for the purposes of the Penal Code (Cap. 224).
Registry of Designs
51.  For the purposes of this Act, there shall be an office which shall be known as the Registry of Designs.
[Trade Marks 1999 Ed., s. 64]
Seal of Registry
52.  There shall be a seal of the Registry and impressions of the seal shall be judicially noticed.
[Trade Marks 1999 Ed., s. 65]
Division 2 — Register
Register of Designs
53.
—(1)  The Registrar shall maintain a register to be known as the Register of Designs.
(2)  There shall be entered in the Register in accordance with this Act —
(a)
particulars of registered designs, including the dates of registration;
(b)
the names of registered owners;
(c)
particulars of transactions affecting rights in registered designs and applications for registration of designs; and
(d)
such other matters as the Registrar may think fit.
(3)  No notice of any trust, whether express, implied or constructive, shall be entered in the Register, and the Registrar shall not be affected by any such notice.
(4)  The Register may be kept in whole or in part using a computer.
(5)  Any record of a particular or other matter made by using a computer for the purpose of keeping the Register is taken to be an entry in the Register.
[UK Designs 1949, s. 17; Trade Marks 1999 Ed., s. 66]
Rectification of Register
54.
—(1)  The Court may, on the application of any person aggrieved, order the Register to be rectified by the making, or the variation or deletion, of any entry therein.
(2)  In proceedings under this section, the Court may determine any question which may be necessary or expedient to decide in connection with the rectification of the Register.
(3)  The Registrar shall, on receipt of the notice of an order of the Court to rectify the Register, rectify the Register accordingly.
(4)  A rectification of the Register under this section has effect as follows:
(a)
an entry made has effect from the date on which it should have been made;
(b)
an entry varied has effect as if it had originally been made in its varied form; and
(c)
an entry deleted shall be deemed never to have had effect,
unless, in any case, the Court directs otherwise.
[UK Designs 1949, s. 20]
Inspection of and extract from Register
55.
—(1)  The Register shall be available at the Registry for inspection by any person during the hours when the Registry is open for business upon payment of the prescribed fee.
(2)  If the Register, or any part thereof, is kept by using a computer, subsection (1) is satisfied if a person who wants to inspect the Register or that part thereof is given access to a computer terminal from which he can read on a screen, or obtain a printed copy of, the particulars or other matters recorded in the Register or that part thereof.
(3)  Any person who applies for a certified copy of an entry in the Register or a certified extract from the Register shall be entitled to obtain such copy or extract on payment of the prescribed fee.
(4)  In relation to any portion of the Register kept otherwise than in documentary form, the right to a copy or an extract conferred by subsection (3) is a right to a copy or an extract in a form in which it can be taken away.
(5)  In this section, “certified copy” and “certified extract” mean a copy and an extract certified by the Registrar and sealed with the seal of the Registry.
[Trade Marks 1999 Ed., s. 68]
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]
Division 4 — Hours of Business of Registry
Hours of business and excluded days
64.
—(1)  The Registrar may issue practice directions to specify —
(a)
the hours of business of the Registry; and
(b)
the days which are to be treated as excluded days.
[44/2004]
(2)  The Minister may prescribe the effect of doing any business under this Act —
(a)
on any day after the hours of business of the Registry; or
(b)
on any day which is an excluded day.
[44/2004]
(3)  For the purposes of subsections (1) and (2) —
(a)
different hours of business may be specified for different classes of business;
(b)
different excluded days may be specified for different classes of business; and
(c)
different effects of doing business —
(i)
outside the hours of business of the Registry; or
(ii)
on an excluded day,
may be prescribed for different classes of business.
[Trade Marks 1999 Ed., s. 78]
[44/2004]