On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 31/12/2009.
73.
—(1) In this Division “corresponding design”, in relation to an artistic work, means a design which, when applied to an article, results in a reproduction of that work.
(2) In this Division —
(a)
references to the scope of the copyright in a registered design are references to the aggregate of the things, which, by virtue of the provisions of the Registered Designs Act (Cap. 266), the registered owner of the design has the exclusive right to do; and
(b)
references to the scope of the copyright in a registered design as extended to all associated designs and articles are references to the aggregate of the things which, by virtue of that written law, the registered owner would have had the exclusive right to do if —
(i)
when that design was registered, there had at the same time been registered every possible design consisting of that design with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof, and that owner had been registered as the owner of every such design; and
(ii)
the design in question, and every other design such as is mentioned in sub-paragraph (i), had been registered in respect of all the articles to which it was capable of being applied.
[25/2000]
[Aust. 1968, s. 74]
74.
—(1) Where copyright subsists in an artistic work and a corresponding design is registered or deemed registered under the Registered Designs Act, it shall not be an infringement of the copyright in the work —
(a)
to do anything, during the subsistence of the copyright in the registered design, which is within the scope of the copyright in the design; or
(b)
to do anything, after the copyright in the registered design has come to an end, which, if it had been done while the copyright in the design subsisted, would have been within the scope of that copyright as extended to all associated designs and articles.
[25/2000]
(1A) Subsection (1) shall have effect subject to the provisions of the Schedule in cases falling within the Schedule.
(2) Where copyright subsists in an artistic work, and —
(a)
a corresponding design is applied industrially (whether in Singapore or elsewhere) by or with the licence of the owner of the copyright in the work;
(b)
articles to which the design has been so applied are sold, let for hire, or offered for sale or hire whether in Singapore or elsewhere; and
(c)
at the time when those articles are sold, let for hire or offered or exposed for sale or hire, they are not articles in respect of which the corresponding design has been registered or, is deemed registered under the Registered Designs Act (Cap. 266),
[14/94; 25/2000]
(3) Subject to subsection (5) —
(a)
during the relevant period of 15 years, it shall not be an infringement of the copyright in the work to do anything which, at the time when it is done, would have been within the scope of the copyright in the design if the design had, immediately before that time, been registered in respect of all relevant articles; and
(b)
after the end of the relevant period of 15 years, it shall not be an infringement of the copyright in the work to do anything which, at the time when it is done, would, if the design had been registered immediately before that time, have been within the scope of the copyright in the design as extended to all associated designs and articles.
[6/98; 25/2000]
(4) In subsection (3), “the relevant period of 15 years” means the period of 15 years beginning with the date on which articles, such as are mentioned in subsection (2)(b), were first sold, let for hire or offered for sale or hire, whether in Singapore or elsewhere.
[6/98; 25/2000]
(5) For the purposes of subsections (2) and (3), no account shall be taken of any articles in respect of which, at the time when they were sold, let for hire, or offered for sale or hire, the design in question was excluded from registration under the provisions of the Registered Designs Act or the Registered Designs Act 1949 of the United Kingdom (U.K. 1949, c. 88) (as the case may be), by rules made under the applicable Act (which relates to the exclusion of designs for articles which are primarily literary or artistic in character).
[25/2000]
(6) For the purposes of any proceedings under this Act a design shall be conclusively presumed to have been excluded under subsection (5) if —
(a)
before the commencement of those proceedings —
(i)
an application for the registration of the design in respect of those articles under the Registered Designs Act (Cap. 266); or
(ii)
an application for the registration of the design in respect of those articles under the Registered Designs Act 1949 of the United Kingdom (UK 1949, c. 88), being an application made before the date of commencement of the Registered Designs Act,
has been refused;
(b)
the reason or one of the reasons stated for the refusal was that the design was excluded from such registration by rules made under the Registered Designs Act or the Registered Designs Act 1949 of the United Kingdom (UK 1949, c. 88) (as the case may be); and
(c)
no appeal against that refusal had been allowed before the date of the commencement of the proceedings or was pending on that date.
[25/2000]
(7) The regulations made for the purposes of this section may make provision for determining the circumstances in which a design is, for the purposes of this section, to be deemed to be applied industrially.
[Aust. 1968, ss. 75 and 77]