On 20/06/2013,
you requested for the version in force on 20/06/2013
incorporating all amendments published on or before 20/06/2013.
The closest version currently available is that of 31/07/2005.
THE SCHEDULE
Transitional Provisions
Preliminary
1.—(1) In this Schedule, unless the context otherwise requires —
“initial period of registration”, in relation to a relevant design, means the initial period of its registration referred to in paragraph 2(3);
“relevant design” means a design that is deemed to be a registered design for the purposes of this Act by virtue of paragraph 2(1);
“UK Act” means the Registered Designs Act 1949 of the United Kingdom (U.K. 1949, c.88), as amended and as applied to Singapore by the United Kingdom Designs (Protection) Act (Cap. 339, 1985 Ed.);
“UK Register” means the register of designs maintained under section 17 of the UK Act.
(2) Unless the context otherwise requires, any word or expression used in this Schedule and defined in the UK Act has the same meaning as in that Act.
(3) For the purposes of this Schedule and the avoidance of doubt, the date of registration of a design under the UK Act shall be determined in accordance with 1section 3(5) of the UK Act.
1 Section 3(5) of the UK Act is the section in force as of the date of operation of the Singapore Registered Designs Act (13th November 2000).
Relevant Designs
2.—(1) A design registered under the UK Act before 13th November 2000 shall be deemed to be a registered design for the purposes of this Act in respect of the article for which it is registered under the UK Act if the registration has not expired or been cancelled on 13th November 2000.
(2) For the avoidance of doubt, the reference in sub-paragraph (1) to a design registered under the UK Act before 13th November 2000 includes a reference to a design registered under the UK Act the date of registration of which is deemed, under 2section 3(5) of the UK Act, to be a date before 13th November 2000.
2 Section 3(5) of the UK Act is the section in force as of the date of operation of the Singapore Registered Designs Act (13th November 2000)
(3) The registration of a design that is deemed to be a registered design under sub-paragraph (1) shall be for an initial period that ends on the earlier of —
(a)
the date of expiry of the period for which the right in the design is subsisting on 13th November 2000, if the period may not be extended under section 8(2) of the UK Act; or
(b)
the date the period falls due for extension, if the period may be extended under that section.
Extension of Registration
3.—(1) The period of registration of a relevant design may be extended for additional periods of 5 years at a time, but the total period of registration may not exceed 25 years from the date of its registration under the UK Act.
(2) If the registered proprietor of the design desires to extend the period of registration for a further period of 5 years from the expiry of its initial period of registration, he shall submit an application to the Registrar in accordance with sub-paragraph (3).
(3) An application referred to in sub-paragraph (2) shall be made before the expiry of the initial period of its registration, and shall be accompanied by —
(a)
a representation of the design as registered under the UK Act;
(b)
a certified extract confirming registration of the design issued by the Registrar of the United Kingdom Designs Registry;
(c)
such particulars of transactions affecting rights in the design for the time being entered in the UK Register as the Registrar may require;
(d)
such other information, documents or matters as may be required by the rules; and
(e)
the prescribed renewal fee.
(4) Section 21(5) shall, with the necessary modifications, apply in relation to an application referred to in sub-paragraph (2), except that no late fee referred to in section 21(5) is payable for an application made within 6 months after the expiry of the initial period.
(5) After the grant of an application referred to in sub-paragraph (2), the Registrar shall enter in the Register —
(a)
particulars of the relevant design, including the date of its registration under the UK Act;
(b)
the name of the registered proprietor of the relevant design for the time being entered in the UK Register; and
(c)
such other matters as the Registrar may think fit.
(6) Section 21 shall, with the necessary modifications, apply in relation to any further extension of the period of registration of a relevant design.
(7) Rules may be made to provide for —
(a)
the form and manner of filing of an application for the extension of the period of registration of a relevant design, including the documents and information to be furnished by an applicant in support of his application;
(b)
the publication of any such renewal; and
(c)
the right to inspect documents filed in support of an application for the extension of the period of registration of a relevant design, or to request for information relating to such application or the design concerned, and the conditions for the exercise of such a right, including any fee for the inspection or information.
Application of Act to Relevant Designs
4. For the purposes of this Act —
(a)
the registered owner of a relevant design —
(i)
during the initial period of registration of the design, shall be the person whose name is for the time being entered in the UK Register as the registered proprietor of the design; or
(ii)
after the expiry of that period and the grant of an application referred to in paragraph 3(2) in relation to the design, shall be the person whose name is for the time being entered in the Register as the owner of the design; and
(b)
the date of registration of a relevant design shall be the date of its registration under the UK Act.
5. A reference in section 5(2) to a design registered in pursuance of a prior application shall be construed as including a reference to a relevant design that is registered under the UK Act in pursuance of a prior application under that Act.
6.—(1) An application under section 23 or 27, or a surrender of registration under section 26, may be made in relation to a relevant design only after the expiry of the initial period of registration of the design and the grant of an application referred to in paragraph 3(2) in relation to the design.
(2) Any cancellation of the registration under the UK Act of a relevant design pursuant to section 11 of that Act, that is carried out —
(a)
during the initial period of registration of the design; or
(b)
after that period but pursuant to a request or application made during that period,
shall for the purposes of this Act be treated as a surrender or revocation (as the case may be) of the registration under this Act and shall have the same force and effect as if it had been made under this Act.
7.—(1) Sections 28, 29 and 53(2) shall not apply in relation to a relevant design.
(2) After the renewal of the registration of a relevant design under paragraph 3(2) and upon the filing of a written request by any person in the prescribed manner and the payment of the prescribed fee, the Registrar shall —
(a)
give the person making the request such information; and
(b)
permit him to inspect such documents,
relating to the application for renewal of the design concerned (including any representation or sample of the design) as may be specified in the request, subject, however, to such conditions as may be prescribed.
(3) Rules may be made empowering the Registrar to refuse any request in respect of such information or documents as may be prescribed.
8.—(1) An application under section 34 for the registration of the particulars of a registrable transaction in relation to a relevant design may be made only after the expiry of the initial period of registration of the design and the grant of an application referred to in paragraph 3(2) in relation to the design.
(2) An application for registration under section 19 of the UK Act in respect of a registrable transaction in relation to a relevant design, being an application made at any time before the end of the initial period of registration of the design, shall, for the purposes of section 34, be treated as an application under that section for the registration of the particulars of that transaction and shall have the same force and effect as such an application.
(3) For the purposes of this paragraph, “registrable transaction” has the meaning given to that expression in section 34(2).
9.—(1) An application under section 54 for the rectification of the Register in relation to a relevant design may be made only after the expiry of the initial period of registration of the design and the grant of an application referred to in paragraph 3(2) in relation to the design.
(2) Where, pursuant to an application made under section 20 of the UK Act before the expiry of the initial period of registration of a relevant design, any rectification is ordered to be made to the UK Register in respect of the design, the Registrar shall, either on his own initiative or upon application by an interested party, make a corresponding rectification of the Register, and section 54(4) shall have effect as if the rectification were a rectification made pursuant to section 54(3).