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 20/02/1987.
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, 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 United Kingdom Designs (Protection) Act (Cap. 208), the registered proprietor of the design has the exclusive right to do, and 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 proprietor would have had the exclusive right to do if —
(a)
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 the said proprietor had been registered as the proprietor of every such design; and
(b)
the design in question, and every other design such as is mentioned in paragraph (a), had been registered in respect of all the articles to which it was capable of being applied.
74.
—(1) Where copyright subsists in an artistic work and a corresponding design is registered under the Registered Designs Act 1949 of the United Kingdom, or any Act amending or substituting for that 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:
Provided that this subsection shall have effect subject to the provisions of the Schedule in cases falling within the Schedule.
[U.K. 1949 c. 88.]
(2) Where copyright subsists in an artistic work, and —
(a)
a corresponding design is applied industrially 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 under the Registered Designs Act 1949 of the United Kingdom, or any Act amending or substituting for that Act,
(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.
(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 paragraph (b) of subsection (2), were first sold, let for hire or offered for sale or hire, whether in Singapore or elsewhere.
(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 1949 of the United Kingdom, or any Act amending or substituting for that Act, by rules made under that Act or such other Act (which relates to the exclusion of designs for articles which are primarily literary or artistic in character); and for the purposes of any proceedings under this Act a design shall be conclusively presumed to have been so excluded if —
(a)
before the commencement of those proceedings, an application for the registration of the design under the Registered Designs Act 1949 of the United Kingdom, or any Act amending or substituting for that Act, in respect of those articles had 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 that Act or such other Act; 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.
(6) 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.