—(1) The registration of a design under this Act gives to the registered owner the exclusive right —
to make in Singapore or import into Singapore —
for sale or hire; or
for use for the purpose of trade or business; or
to sell, hire, or offer or expose for sale or hire, in Singapore,
any article in respect of which the design is registered and to which that design or a design not substantially different from it has been applied.
(2) For the purposes of this Act, the right in a registered design is infringed by any person who, without the consent of the registered owner and while the registration is in force —
does anything which by virtue of subsection (1) is the exclusive right of the registered owner;
makes anything for enabling any article referred to in subsection (1) to be made in Singapore or elsewhere;
does anything in relation to a kit that would constitute an infringement of the design if it had been done in relation to the assembled article; or
makes anything for enabling a kit to be made or assembled, in Singapore or elsewhere, if the assembled article would be an article referred to in subsection (1).
(3) In subsection (2), “kit” means a complete or substantially complete set of components intended to be assembled into an article.
(4) In the application of subsection (2) to a registered design of which there is more than one registered owner, the reference to the registered owner shall be construed —
in relation to any act, as a reference to the registered owner or those registered owners who is or are entitled to do that act by virtue of section 33 or any agreement; and
in relation to any consent, as a reference to the registered owner or those registered owners who is or are the proper person or persons to give the consent by virtue of section 33 or any agreement.
(5) For the purposes of this Act, the right in a registered design is not infringed by —
the doing of any act for a private non-commercial purpose; or
the doing of any act for the purpose of evaluation, analysis, research or teaching.
(6) The right in a registered design is not infringed by the reproduction of a feature of the design which, by virtue of paragraph (b) of the definition of "design" in section 2(1), is left out of account in determining whether the design is registrable.
(7) The right in a registered design is not infringed by the import, sale, hire, or offer or exposure for sale or hire of any article to which the design has been applied, and which has been placed on the market, whether in Singapore or elsewhere, by or with the consent (conditional or otherwise) of the registered owner.
[UK Designs 1949, s. 7; HK Designs, s. 31]
—(1) A person who, before the date of registration of a design —
does in good faith in Singapore an act which would have constituted an infringement of the design if the registration had been in force at the time the act is done; or
makes in good faith effective and serious preparations to do such an act in Singapore,
has the right to continue to do the act or, as the case may be, to do the act.
(2) If the act was done, or the preparations were made, in the course of a business, the person entitled to the right conferred by subsection (1) may —
authorise the doing of that act by any of his partners for the time being in that business; and
assign that right, or transmit it on death (or in the case of a body corporate on its dissolution), to any person who acquires that part of the business in the course of which the act was done or the preparations were made.
(3) The right conferred by subsection (2) shall not include a right to grant a licence to any person to do an act referred to in subsection (1).
(4) Where an article is disposed of to another person in exercise of a right conferred by subsection (1), that other person and any person claiming through him may deal with the article in the same way as if it had been disposed of by the owner of the design concerned.
[HK Designs, s. 35]