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 2 — Registrable Designs
New design may be registered
5.
—(1)  Subject to the provisions of this Part, a design which is new may, upon application by the person claiming to be the owner, be registered in respect of an article specified in the application.
(2)  A design for which an application for registration is made shall not be regarded as new if it is the same as a design —
(a)
registered in respect of the same or any other article in pursuance of a prior application; or
(b)
published in Singapore or elsewhere in respect of the same or any other article before the date of the first-mentioned application,
or if it differs from such a design only in immaterial details or in features which are variants commonly used in the trade.
(3)  The Registrar may, in such cases as may be prescribed, direct that, for the purpose of deciding whether a design is new, an application for registration of the design shall be treated as filed on a date earlier or later than that on which it was in fact filed.
[UK Designs 1949, ss. 1 and 3]
Designs contrary to public order or morality
6.  A design is not registrable if the publication or use of it would be contrary to public order or morality.
[HK Designs, s. 7]
Computer programs, etc., not registrable
7.
—(1)  No computer program or layout-design may be registered under this Act.
(2)  For the purposes of subsection (1), “layout-design” has the meaning assigned to it in the Layout-Designs of Integrated Circuits Act (Cap. 159A).
(3)  The Minister may make rules —
(a)
to exclude from registration under this Act designs for such articles of a primarily literary or artistic character as the Minister considers appropriate; and
(b)
to provide that any design described in the rules shall not be registered under this Act, or shall not be so registered unless such conditions as may be prescribed are met.
[UK Designs 1949, s. 1; HK Designs, s. 8]
Provisions as to confidential disclosure, etc.
8.
—(1)  An application for registration of a design shall not be refused, and the registration of a design shall not be revoked, by reason only of —
(a)
the disclosure of the design by the owner to any other person in such circumstances as would make it contrary to good faith for that other person to use or publish the design;
(b)
the disclosure of the design in breach of good faith by any person other than the owner of the design;
(c)
in the case of a new or original textile design intended for registration, the acceptance of a first and confidential order for goods bearing the design; or
(d)
the communication of the design by the owner to a Government department or the Office or to any person authorised by a Government department or the Office to consider the merits of the design, or of anything done in consequence of such a communication.
[3/2001]
(2)  An application for registration of a design shall not be refused, and the registration of a design shall not be revoked, by reason only —
(a)
that a representation of the design, or any article to which the design has been applied, has been displayed, with the consent of the owner of the design, at an official international exhibition;
(b)
that after any such display as is mentioned in paragraph (a), and during the period of the exhibition, a representation of the design, or any article to which the design has been applied, has been displayed by any person without the consent of the owner; or
(c)
that a representation of the design has been published in consequence of any such display as is mentioned in paragraph (a),
if the application for registration of the design is made no later than 6 months after the opening of the exhibition.
(3)  In this section, “official international exhibition” means an official, or officially recognised, international exhibition falling within the terms of the Convention on International Exhibitions signed at Paris on 22nd November 1928, and any protocols to that Convention, as revised or amended from time to time.
[UK Designs 1949, s. 6; HK Designs, s. 9]
Provisions as to artistic works
9.
—(1)  Subject to subsection (2), where an application is filed by or with the consent of the owner of copyright in an artistic work for the registration of a corresponding design, the design shall not be treated for the purposes of this Act as being other than new by reason only of any use previously made of the artistic work.
(2)  Subsection (1) shall not apply if the previous use consisted of or included the sale, letting for hire, or offer or exposure for sale or hire of articles to which had been applied industrially —
(a)
the design in question; or
(b)
a design differing from it only in immaterial details or in features which are variants commonly used in the trade,
and that previous use was made by or with the consent of the copyright owner.
(3)  The Minister may make rules to provide for the circumstances in which a design is to be regarded as having been applied industrially to articles or any description of articles for the purposes of this section.
[HK Designs, s. 10]
Subsequent registration of design in respect of other articles, etc.
10.
—(1)  Where the registered owner of a design registered in respect of an article files —
(a)
an application for registration of the registered design in respect of one or more other articles; or
(b)
an application for registration of a design consisting of the registered design with modifications or variations not sufficient to alter the character or substantially to affect the identity of the registered design, in respect of the same or one or more other articles,
the application shall not be refused, and the registration made on the application shall not be revoked, by reason only of the previous registration or publication of the registered design.
(2)  The right in a design registered by virtue of subsection (1) shall not extend beyond the end of the period, and any extended period, for which the right subsists in the original design.
(3)  Where a person files an application for registration of a design in respect of an article and either —
(a)
the design has been previously registered by another person in respect of some other article; or
(b)
the design to which the application relates is a design previously registered by another person in respect of the same or some other article with modifications or variations not sufficient to alter the character or substantially to affect the identity of the registered design,
then, if at any time while the application is pending, the applicant becomes the registered owner of the design previously registered, subsection (1) shall apply as if, at the time of filing the application, the applicant had been the registered owner of that design.
[UK Designs 1949, s. 4]