Registered Designs Act
Registered Designs Rules
G.N. No. S 504/2000
REVISED EDITION 2002
(31st January 2002)
[31st January 2002]
—(1) In these Rules, unless the context otherwise requires —
“statement of novelty” means a statement made under rule 15;
“textile article” means textile or plastics piece goods, handkerchiefs, shawls or such other class of articles of a similar character as the Registrar may, from time to time, decide, for which the protection required is limited to features of pattern and ornament only.
(2) For the purposes of this Part —
“initial period of registration”, in relation to a relevant design;
“UK Act”; and
(3) Unless the context otherwise requires, the word “month”, wherever it occurs in any decision, direction or other document issued by the Registrar, means calendar month.
(4) Any period of time fixed by these Rules or by any decision, direction or other document issued by the Registrar for the doing of any act shall be reckoned in accordance with paragraphs (5), (6) and (7).
(5) Where the act is required to be done within a specified period from or after a specified date, the specified period begins immediately after that date.
(6) Where the act is required to be done within or not less than a specified period before a specified date, the period ends immediately before that date.
(7) Where the act is required to be done within a specified number of clear days before or after a specified date, at least that number of days must intervene between the day on which the act is done and that date.
—(1) The fees set out in the First Schedule shall be payable to the Registrar in respect of the matters set out in that Schedule.
(2) The fees shall be paid by such means and in such manner as the Registrar may direct.
—(1) The forms mentioned in these Rules are those set out in the Second Schedule.
(2) Any form may be modified on the direction of the Registrar for use in a case other than the case for which it is intended.
—(1) A document to be signed for or on behalf of a partnership shall contain the names of all the partners in full and shall be signed by —
all the partners;
any partner stating that he signs on behalf of the partnership; or
any other person who satisfies the Registrar that he is authorised to sign the document on behalf of the partnership.
(2) A document to be signed for or on behalf of a body corporate shall be signed by a director, the secretary or other principal officer of the body corporate, or by any other person who satisfies the Registrar that he is authorised to sign the document on behalf of the body corporate.
(3) A document to be signed by or on behalf of an unincorporated body or association of persons may be signed by any person who appears to the Registrar to be qualified to so sign.
—(1) Where the Act authorise or require any document to be given or sent to, filed with or served on any party, the giving, sending, filing or service may be effected by sending it by post and, if so sent, shall be deemed to be effected by properly addressing, prepaying and posting a letter containing the document and, unless the contrary is proved, shall be deemed to have been effected at the time at which the letter would be delivered in the ordinary course of post.
—(1) An address for service in Singapore shall be filed by or on behalf of —
every applicant for registration of a design; and
every party to any other proceedings before the Registrar.
(2) Where a form is required to be filed under these Rules in relation to any such proceedings, being a form which requires the furnishing of an address for service, the address for service for those proceedings shall be filed using that form.
(3) The filing of an address for service in accordance with paragraph (2) shall be effective only for the matter for which the form is filed.
(4) An application requesting the Registrar to change an address for service shall be made on Form D1.
(5) Before acting on an application referred to in paragraph (4), the Registrar may require such proof of the alteration as he thinks fit.
(6) Anything given or sent to, filed with or served on a person at his address for service shall be taken to have been duly given or sent to, filed with or served on the person.
(7) Subject to any filing to the contrary under paragraph (1) or (4), the Registrar may —
treat the address for service of an applicant for registration of a design as that of the owner upon registration of that design; and
treat the trade or business address in Singapore of a person as his address for service.
—(1) The Registrar may, in dealing with any matter under the Act in respect of which a person has been authorised to act as an agent on behalf of another, require the personal signature or presence of either the agent or his principal.
(2) The Registrar may, by notice in writing sent to an agent, require the agent to produce evidence of his authority.
(3) Where a person who has become a party to any proceedings before the Registrar appoints an agent for the first time or substitutes one agent for another, the newly appointed agent shall file with the Registrar Form D2 on or before the first occasion he acts as agent.
REGISTRATION OF DESIGNS
9. The Registrar shall refuse to register a design intended to be applied to any of the following articles:
works of sculpture (other than casts or models used or intended to be used as models or patterns to be multiplied by any industrial process);
wall plaques, medals and medallions;
printed matter primarily of a literary or artistic character, including book jackets, calendars, certificates, coupons, dress-making patterns, greeting cards, labels, leaflets, maps, plans, playing cards, postcards, stamps, trade advertisements, trade forms and cards, transfers and similar articles.
—(1) Where a representation of the name, initials, armorial bearings, insignia, orders of chivalry, decorations, flags or devices of any state, settlement, city, borough, town, place, society, body corporate, government body, statutory board, institution or person appears on a design which is the subject of an application for registration, the Registrar may, before proceeding to register the design, require the applicant to furnish the Registrar with the consent to the registration and use of the matter in question of such official or other person as appears to the Registrar to be entitled to give consent.
(2) The Registrar shall refuse to register the design if no such consent is furnished within the time specified by the Registrar.
—(1) Where the name or representation of any person appears on a design which is the subject of an application for registration, the Registrar may, before proceeding to register the design, require the applicant to furnish the Registrar with the consent of the person or, in the case of a person recently dead, of his legal representatives.
(2) Where such consent is not furnished within the time specified by the Registrar and the applicant fails to satisfy the Registrar that it is impossible or impracticable in the circumstances of the case to obtain the consent, the Registrar shall refuse to register the design.
—(1) For the purposes of section 9 of the Act, a design is applied industrially if —
more than 50 reproductions in 3 dimensions are made of it for the purposes of sale or hire;
it is reproduced in 3 dimensions in one or more articles manufactured in lengths for the purposes of sale or hire; or
it is reproduced as a plate which has been used to produce —
more than 50 reproductions of an object in 3 dimensions for the purposes of sale or hire; or
one or more articles in 3 dimensions for the purposes of sale or hire.
—(1) An application for the registration of a design shall be accompanied by 3 identicalrepresentations of the design.
(2) The representation shall be —
either a drawing or photograph that is suitable for reproduction; and
of a size that is no more than 15 centimetres by length and 13 centimetres by breadth.
(3) Where the application is made for the registration of a design intended to be applied to a set of articles, the representation shall show the design as applied to each different article in the set.
—(1) A statement describing the features of the design which the applicant considers to be new shall appear on the application form.
(2) Paragraph (1) shall not apply in the case of an application for registration of the pattern or ornament of a design to be applied to a textile article, wallpaper or similar wall covering, lace or sets of textile articles or lace.
16. The Registrar may exercise his power under section 5(3) of the Act in a case where a request under section 15 of the Act for amendment of an application for registration of a design has been approved and, in the opinion of the Registrar, the amendment has the effect of significantly altering the design for which the application was initially filed.
—(1) If the applicant claims that section 8 of the Act applies in relation to his application, he shall include in the application form a statement to that effect.
(2) The statement shall —
describe the circumstances under which the disclosure of the design was made, including the relevant date; and
(3) The applicant may file additional information or documents in support of his claim.
—(1) If the applicant claims that section 10 of the Act applies in relation to his application, he shall include in the application form a statement to that effect.
(2) The statement shall include such details of the previous registration or, as the case may be, the previous application for registration of the design as the Registrar may require.
(3) The applicant may file additional information or documents in support of his claim.
—(1) If a right of priority is claimed by reason of an application for registration of a design filed —
particulars of that claim shall be included in the application form.
(2) The applicant shall file with the Registrar a certificate by the registering or other competent authority of the country or territory certifying or verifying to the satisfaction of the Registrar —
the date of filing the application referred to in paragraph (1);
the name of the country or territory, and of the registering or other competent authority;
a representation of the design; and
the classification of the article to which the design is intended to be applied in accordance with the Third Schedule.
(3) Where the certificateis not in the English language, there shall be annexed to the certificate a translation in English of the contents of the certificate, certified or verified to the satisfaction of the Registrar.
—(1) An application for registration of a 2-dimensional design intended to be applied to a textile article may be accompanied by a sample of the article.
(2) The sample of the article shall not exceed such size or weight as the Registrar may specify.
(3) The Registrar may, in his discretion, refuse the acceptance of any sample of article.
22. Two or more designs may be the subject of the same application for registration if the designs relate to —
the same class and subclass of articles as classified in accordance with the Third Schedule; or
the same set of articles.
26. For the purposes of the registration of designs, articles shall be classified in accordance with the Third Schedule.
28. The notice of registration of a design to be published in the Designs Journal under section 18(d) of the Act shall contain the following particulars:
the date of registration;
the name, address and address for service of the registered owner;
the article in respect of which the design is registered, including its classification number as set out in the Third Schedule;
the registration number; and
a representation of the design.
29. Where the Registrar gives a direction under section 29(1) of the Act in respect of any application for registration of a design, the representation of the design and any evidence filed in support of the application shall not be open to public inspection in the Registry during the continuance in force of the direction.
—(1) A request under section 28 of the Act for information, or for permission to inspect any document, relating to a registered design shall be accompanied by the applicable fee set out in the First Schedule.
(2) Subject to sections 28 and 29 of the Act and paragraphs (3) and (4), the Registrar shall permit the inspection of such document as may be specified in the request.
(3) The person making a request to inspect any document must file such evidence as the Registrar considers sufficient to prove that —
the owner consents to the inspection; or
(4) The Registrar may refuse a request to inspect any of the following documents:
any document prepared by the Registrar solely for use by the Registrar and officers of the Registry;
any document given to or filed with the Registrar, whether at his request or otherwise, for inspection and subsequent return to the sender;
a copy of any request referred to in paragraph (1);
any document issued or given by the Registrar which the Registrar considers should be treated as confidential;
any document the contents of which, in the Registrar’s opinion, disparages any person in a way likely to damage him;
any document given or sent to or filed with the Registrar before 13th November 2000.