PART 2 | Division 1 — Ownership of Designs |
4.—(1) Subject to this section, the designer of a design is to be treated for the purposes of this Act as the owner of the design.| (2) Where a design is created by an employee in the course of his or her employment, his or her employer is to be treated as the owner of the design. [29/2017] |
| (3) Subsection (2) is subject to any agreement to the contrary between the parties concerned. [29/2017] |
| (4) Where a design, or the right to apply a design to any article or non‑physical product, becomes vested, whether by assignment, transmission or operation of law, in any person other than the owner, either alone or jointly with the owner, that other person or (as the case may be) the owner and that other person, is to be treated for the purposes of this Act as the owner of the design or as the owner of the design in relation to that article or non‑physical product. [29/2017] |
| (5) In the case of a design generated by computer in circumstances such that there is no human designer, the person by whom the arrangements necessary for the creation of the design are made is deemed to be the designer. |
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| Division 2 — Registrable Designs |
| New design may be registered |
| 5.—(1) Subject to the provisions of this Part, a design which is new may, upon application by the person claiming to be the owner, be registered in respect of an article, a non‑physical product, or a set of articles and non‑physical products, specified in the application. [29/2017] (2) A design for which an application for registration is made is not to be regarded as new if it is the same as a design —| (a) | registered in respect of the same or any other article, non‑physical product or set of articles and non‑physical products pursuant to a prior application; or | | (b) | published in Singapore or elsewhere in respect of the same or any other article, non‑physical product or set of articles and non‑physical products before the date of the firstmentioned application, |
| or if it differs from such a design only in immaterial details or in features which are variants commonly used in the trade. |
[29/2017] |
| (3) The Registrar may, in such cases as may be prescribed, direct that, for the purpose of deciding whether a design is new, an application for registration of the design is to be treated as filed on a date earlier or later than that on which it was in fact filed. |
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| Designs contrary to public order or morality |
| 6. A design is not registrable if the publication or use of it would be contrary to public order or morality. |
| Computer programs, etc., not registrable |
7.—(1) No computer program or layout-design may be registered under this Act.| (2) For the purposes of subsection (1), “layout-design” has the meaning given by the Layout-Designs of Integrated Circuits Act 1999. |
(3) The Minister may make rules —| (a) | to exclude from registration under this Act designs for such articles and non‑physical products of a primarily literary or artistic character as the Minister considers appropriate; and | | (b) | to provide that any design described in the rules must not be registered under this Act, or must not be so registered unless such conditions as may be prescribed are met. [29/2017] |
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| Disclosure, etc., of design before certain date |
8.—(1) Subject to subsection (3), an application for registration of a design must not be refused, and the registration of a design must not be revoked, by reason only of —| (a) | the disclosure of the design by the owner to any other person in such circumstances as would make it contrary to good faith for that other person to use or publish the design; | | (b) | the disclosure of the design in breach of good faith by any person other than the owner of the design; | | (c) | in the case of a new or original textile design intended for registration, the acceptance of a first and confidential order for goods bearing the design; or | | (d) | the communication of the design by the owner to a Government department or the Office or to any person authorised by a Government department or the Office to consider the merits of the design, or of anything done in consequence of such a communication. [29/2017] |
(2) Subject to subsection (3), an application for registration of a design must not be refused, and the registration of a design must not be revoked, by reason only —| (a) | that a representation of the design, or any article to which the design has been applied, has been displayed, with the consent of the owner of the design, at an official international exhibition; | | (b) | that after any such display as is mentioned in paragraph (a), and during the period of the exhibition, a representation of the design, or any article to which the design has been applied, has been displayed by any person without the consent of the owner; or | | (c) | that a representation of the design has been published in consequence of any such display as is mentioned in paragraph (a), |
| if the application for registration of the design is made no later than 6 months after the opening of the exhibition. |
[29/2017] |
(3) This section only applies to —| (a) | a disclosure mentioned in subsection (1)(a) or (b); | | (b) | an acceptance mentioned in subsection (1)(c); | | (c) | a communication mentioned in subsection (1)(d), or anything done in consequence of such a communication; | | (d) | a display mentioned in subsection (2)(a) or (b); or | | (e) | a publication mentioned in subsection (2)(c), |
| that occurs before 30 October 2017. |
[29/2017] |
| (4) In this section, “official international exhibition” means an official, or officially recognised, international exhibition falling within the terms of the Convention on International Exhibitions signed at Paris on 22 November 1928, and any protocols to that Convention, as revised or amended from time to time. |
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| Disclosure of design on or after certain date |
8A.—(1) An application for registration of a design must not be refused, and the registration of a design must not be revoked, by reason only of any of the following:| (a) | a disclosure of the design made to a person other than the designer, or any successor in title of the designer, under conditions of confidentiality (whether express or implied); | | (b) | a disclosure of the design made by the designer, or any successor in title of the designer, during the period of 12 months immediately before the date of filing of the application for registration of the design; | | (c) | a disclosure of the design made by a person other than the designer, or any successor in title of the designer, during the period of 12 months immediately before the date of filing of the application for registration of the design, in consequence of information provided, or any other action taken, by the designer or any successor in title of the designer; | | (d) | a disclosure of the design made during the period of 12 months immediately before the date of filing of the application for registration of the design, as a consequence of an abuse in relation to the designer or any successor in title of the designer. [29/2017] |
| (2) This section only applies to a disclosure mentioned in subsection (1)(a), (b), (c) or (d) that is made on or after 30 October 2017. [29/2017] |
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| Disclosure of design to be registered in respect of non‑physical product |
| 8B. An application for registration of a design in respect of a non‑physical product must not be refused, and the registration pursuant to that application of the design in respect of the non‑physical product must not be revoked, by reason only of a disclosure of the design made before the date of filing of that application, if that application is filed during the period of 12 months immediately after 30 October 2017. [29/2017] |
| Provisions as to artistic works |
9.—(1) Subject to subsection (2), where an application is filed by or with the consent of the owner of copyright in an artistic work for the registration of a corresponding design, the design is not to be treated for the purposes of this Act as being other than new by reason only of any use previously made of the artistic work.(2) Subsection (1) does not apply if —| (a) | the previous use consisted of or included the sale, letting for hire, or offer or exposure for sale or hire, of —| (i) | articles or non‑physical products to which had been applied —| (A) | the design in question; or | | (B) | a design differing from the design in question only in immaterial details or in features that are variants commonly used in the trade (called in this subsection an immaterial variant); or |
| | (ii) | devices for projecting any non‑physical products mentioned in sub‑paragraph (i); |
| | (b) | the design in question or an immaterial variant had been applied industrially in relation to those articles, non‑physical products or devices; and | | (c) | the previous use was made by or with the consent of the copyright owner. [29/2017] |
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| (3) The Minister may make rules to provide for the circumstances in which a design is to be regarded as having been applied industrially, in relation to articles, non‑physical products or devices for projecting non‑physical products, for the purposes of this section. [29/2017] |
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| Subsequent registration of design in respect of other articles or non-physical products, etc. |
10.—(1) Where the registered owner of a design registered in respect of an article or a non‑physical product files —| (a) | an application for registration of the registered design in respect of one or more other articles or non‑physical products; or | | (b) | an application for registration of a design consisting of the registered design with modifications or variations not sufficient to alter the character or substantially to affect the identity of the registered design, in respect of the same or one or more other articles or non‑physical products, |
| the application must not be refused, and the registration made on the application must not be revoked, by reason only of the previous registration or publication of the registered design. |
[29/2017] | (2) The right in a design registered by virtue of subsection (1) does not extend beyond the end of the period, and any extended period, for which the right subsists in the original design. |
(3) Where a person files an application for registration of a design in respect of an article or a non‑physical product and either —| (a) | the design has been previously registered by another person in respect of some other article or non‑physical product; or | | (b) | the design to which the application relates is a design previously registered by another person in respect of the same or some other article or non‑physical product with modifications or variations not sufficient to alter the character or substantially to affect the identity of the registered design, |
| then, if at any time while the application is pending, the applicant becomes the registered owner of the design previously registered, subsection (1) applies as if, at the time of filing the application, the applicant had been the registered owner of that design. |
[29/2017] |
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| Division 3 — Proceedings for Registration |
| Application for registration |
| 11.—(1) An application for registration of a design must be filed in the prescribed manner with the Registrar, and is subject to the payment of the prescribed application fee. [16/2012] (2) The application must —| (a) | contain a request for the registration of a design; | | (b) | state the name and address of the applicant; and | | (c) | contain a clear representation of the design. [16/2012] |
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(3) Except as otherwise provided in section 16A, the date on which the application is filed is the earliest date on which —| (a) | the fee payable under subsection (1) has been paid or is treated by the Registrar as paid; and | | (b) | all the requirements under subsection (2) have been satisfied. [16/2012; 29/2017] |
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(4) An application may be filed under subsection (1) for the registration of 2 or more designs, if —| (a) | the articles, non‑physical products, or sets of articles and non‑physical products, to which any of those designs is intended to be applied, as specified in the application, fall within the same class, or (if they fall within more than one class) all of the same classes, under the classification mentioned in section 75(1)(c), as the articles, non‑physical products, or sets of articles and non‑physical products, to which each of the other designs is intended to be applied, as specified in the application; and | | (b) | the application complies with such other requirements as may be prescribed. [29/2017] |
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| (5) Every application filed under subsection (1) for the registration of 2 or more designs is to be treated as if a separate application had been filed under that subsection for the registration of each of those designs. [29/2017] |
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| Claim to priority of Convention application |
12.—(1) Subject to subsection (7), where —| (a) | a person has filed an application for the registration of a design in a Convention country in respect of certain articles, non-physical products, or sets of articles and non-physical products; [Act 7 of 2022 wef 26/05/2022] | | (b) | that application is the first application for the registration of the design to be filed in any Convention country in respect of those articles, non-physical products, or sets of articles and non-physical products (called in this section the first Convention application); [Act 7 of 2022 wef 26/05/2022] | | (c) | within 6 months after the date on which the first Convention application is filed, that person or that person’s successor in title applies under this Act for the registration of the design in respect of all or any of those articles, non-physical products, or sets of articles and non-physical products; and [Act 7 of 2022 wef 26/05/2022] | | (d) | that person or that person’s successor in title provides to the Registrar, upon request by the Registrar —| (i) | any prescribed information; and | | (ii) | any supporting document, |
| in the manner and within the time specified by the Registrar, |
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| that person or that person’s successor in title may, when filing the application under this Act, claim a right of priority for the registration of the design in respect of all or any of the articles, non-physical products, or sets of articles and non-physical products for which registration was sought in the first Convention application. |
[29/2017] [Act 7 of 2022 wef 26/05/2022] (2) Where any person claims a right of priority in accordance with subsection (1) in respect of an application for the registration of a design —| (a) | the person has priority from (and including) the date on which the first Convention application was filed; and | | (b) | the application is to be treated, for the purposes of determining whether that or any other design is new, as filed on the date on which the first Convention application was filed. |
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| (3) Subsection (2) is not to be construed as excluding the power to give directions under section 5(3) in relation to the application for the registration of a design. |
(4) Despite any of the provisions of this Act, where a right of priority is claimed in respect of an application for the registration of a design, the application must not be refused, and the registration of the design under this Act must not be revoked, by reason only of the fact that the first Convention application has been published during the period between —| (a) | the date the first Convention application was filed; and | | (b) | the date the application under this Act was filed. |
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| (5) Any filing of an application for the registration of a design which in a Convention country is equivalent to a regular national filing, under its domestic legislation or an international agreement, is to be treated as giving rise to the right of priority. |
| (6) In subsection (5), “regular national filing” means a filing which is adequate to establish the date on which the application was filed in the Convention country, whatever may be the outcome of the application. |
(7) Where a subsequent application for registration of a design concerning the same subject as an earlier application is filed, whether in the same or a different Convention country, and these are the first 2 applications concerning that subject to be filed in any Convention country, the subsequent application is to be considered the first Convention application if, at the date the subsequent application is filed —| (a) | the earlier application has been withdrawn, abandoned or refused, without having been laid open to public inspection and without leaving any rights outstanding; and | | (b) | the earlier application has not yet served as a basis for claiming a right of priority. |
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(8) To avoid doubt, where subsection (7) applies —| (a) | the date on which the subsequent application was filed, rather than that of the earlier application, is to be considered the starting date of the period of priority under subsection (2); and | | (b) | the earlier application may not thereafter serve as a basis for claiming a right of priority. |
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| (9) The Minister may make rules as to the manner of claiming priority under this section. |
| (10) A right to priority arising under this section may be assigned or otherwise transmitted, either with the application or independently, and the reference in subsection (1) to the applicant’s “successor in title” is to be construed accordingly. |
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| Claim to priority of other overseas applications |
| 13.—(1) The Minister may by order confer on a person who has filed an application for registration of a design in a country or territory to which the Government has entered into a treaty, convention, arrangement or engagement for the reciprocal protection of registered designs, a right to priority, for the purpose of registering the same design under this Act for some or all of the same articles, non-physical products, or sets of articles and non-physical products, for a specified period from the date of filing of that application. [29/2017] [Act 7 of 2022 wef 26/05/2022] | (2) An order under this section may make provision corresponding to that set out in section 12 or such other provision as appears to the Minister to be appropriate. |
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| Withdrawal of application |
14.—(1) An applicant may withdraw his or her application for registration of a design by filing a notice of withdrawal with the Registrar in the prescribed manner before the date on which preparations for publication under section 18 have been completed, as determined by the Registrar.| (2) Where a notice of withdrawal is filed in accordance with subsection (1), the application is to be treated as withdrawn, and such withdrawal is irrevocable. |
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| 15.—(1) Subject to subsection (4) and the rules mentioned in section 74(2A), the Registrar may, on the Registrar’s own initiative or upon request made to the Registrar in the prescribed manner by the applicant and payment of the prescribed fee, amend an application for registration of a design. [Act 7 of 2022 wef 26/05/2022] | (2) An application for registration of a design must not be amended if, as a result of the amendment, the scope of the application would be increased by the inclusion of matter that was not in substance disclosed in the application as filed. |
(3) The class or classes (under the classification mentioned in section 75(1)(c)) of articles, non‑physical products, or sets of articles and non‑physical products, to which a design is intended to be applied, as specified in an application for registration of the design, must not be amended if —| (a) | the application is derived under section 11(5) from an application filed under section 11(1) for the registration of 2 or more designs; and | | (b) | the amendment would result in the articles, non‑physical products, or sets of articles and non‑physical products, to which any of those designs is intended to be applied, and the articles, non‑physical products, or sets of articles and non‑physical products, to which another of those designs is intended to be applied, falling within different classes. [29/2017] |
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| (4) The Registrar is not obliged to correct on his or her own initiative any error not due to the default of the Registrar. |
| (5) Where the Registrar proposes to make any amendment on his or her own initiative, the Registrar must give notice of the proposal to every person who appears to the Registrar to be likely to be affected by the amendment, and must give the person an opportunity to be heard before making the amendment. |
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| Examination of application |
16.—(1) The Registrar must examine an application for registration of a design, being an application which has not been withdrawn, to determine whether it satisfies the formal requirements.| (2) If the Registrar determines that an application fails to comply with the formal requirements, the Registrar must notify the applicant and give the applicant an opportunity to correct the non-compliance within such period as the Registrar determines. |
(3) If the non-compliance is not corrected within the period referred to in subsection (2), the application is to be treated as withdrawn, but the Registrar may, upon —| (a) | the filing by the applicant of a notice in the prescribed form requesting reinstatement of the application; | | (b) | the payment of the prescribed fee; and | | (c) | the compliance by the applicant with such conditions as the Registrar may impose, |
| reinstate the application. |
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| (4) Upon reinstatement of an application, any right or means of redress lost by the applicant as a result of the withdrawal must be restored to the applicant. |
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| New application treated as filed on date of filing of earlier application |
| 16A.—(1) Where, on examining an application for registration of a design (called in this section the earlier application) under section 16(1), the Registrar determines that the earlier application fails to comply with either or both of the formal requirements of section 11(2)(c) and (4)(a) (where applicable), the Registrar may, when notifying the applicant of the non‑compliance under section 16(2), invite the applicant to correct the non‑compliance by filing one or more new applications under section 11. [29/2017] (2) A new application must not be filed under subsection (1) if —| (a) | a notice of withdrawal has been filed under section 14 in relation to the earlier application; | | (b) | the earlier application has been treated as withdrawn under section 16(3); | | (c) | the earlier application has been refused under section 17; or | | (d) | the earlier application has been registered under section 18. [29/2017] |
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| (3) The Registrar must refuse any new application filed in contravention of subsection (2). [29/2017] |
(4) Each new application filed under subsection (1) is to be treated as filed on the date of filing of the earlier application, if all of the following requirements are satisfied:| (a) | the new application complies with the requirements of section 11; | | (b) | the new application is made by the applicant, or the successor in title of the applicant, for the earlier application; | | (c) | the new application does not include any matter that was not in substance disclosed in the earlier application. [29/2017] |
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17.—(1) The Registrar may refuse an application for registration of a design if —| (a) | after an examination by the Registrar under section 16; and | | (b) | after giving the applicant the opportunity to correct any non-compliance with the formal requirements, |
| the Registrar determines that the application does not satisfy the formal requirements. |
| (2) The Registrar may refuse an application for registration of a design if, on the face of the application, the design is not new or is not registrable for any other reason. |
| (3) The Registrar must give notice of any refusal under this section to the applicant. |
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| Registration and publication |
18. Subject to sections 17 and 18A(3), if the Registrar determines that an application for registration of a design satisfies the formal requirements, the Registrar must as soon as practicable —| (a) | register the design by entering the prescribed particulars in the Register; | | (b) | enter the name of the applicant, or the successor in title to the application, in the Register as the owner of the design; | | (c) | issue a certificate of registration to the person who is the registered owner of the design at the time the design is registered; and | | (d) | publish a notice of the registration and a representation of the design in the prescribed manner. [16/2012] |
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| 18A.—(1) An applicant may, when filing the applicant’s application for registration of a design, request that any publication under section 18 of the design be deferred for the prescribed period after the date of filing of that application. [16/2012] | (2) A request under subsection (1) must be made in the prescribed manner and accompanied by the prescribed fee. [16/2012] |
| (3) Despite section 18, the Registrar must defer the publication under that section of a design which is the subject of a request under subsection (1) for the prescribed period referred to in that subsection. [16/2012] |
| (4) The Minister may make rules to provide for the deferment of the publication under section 18 of a registered design and for matters relating thereto. [16/2012] |
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| Only formality examination required |
19. The Registrar, in determining whether to accept an application for registration of a design, is not required to consider or have regard to —| (a) | the registrability of the design; | | (b) | whether the applicant is entitled to any right of priority claimed in the application; or | | (c) | whether the design is properly represented in the application. |
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| 20. A design when registered is to be registered as of the date on which the application for registration is filed, and that date is deemed for the purposes of this Act to be the date of its registration. |
| Division 4 — Duration of Registration |
| Initial period of registration and extension |
21.—(1) The initial period of registration of a design is 5 years from the date of registration of the design.| (2) The period of registration of a design may be extended for a second and third period of 5 years, by applying to the Registrar for an extension, and paying the prescribed extension fee, not earlier than the prescribed period before the date of expiry of the current period of registration, and not later than the date of expiry of the current period of registration. [Act 7 of 2022 wef 26/05/2022] |
| (3) The Minister may make rules for the Registrar to inform the registered owner of a design, before the expiry of the current period of registration, of the imminent expiry of the registration and the manner in which it may be extended. |
| (4) If the application and payment are not made before the expiry of the current period of registration, the registration of the design ceases to be in force upon the expiry of that period and must be removed from the Register. |
(5) If, during the prescribed period after the date of expiry of the current period of registration, an application for extension is made and the extension fee and any prescribed late fee are paid, the registration of the design is to be treated as if it had never ceased to be in force, and accordingly —| (a) | anything done under or in relation to any rights in the design by or with the consent of the owner during that period is to be treated as valid; | | (b) | an act which would have constituted an infringement of the design if the registration had not ceased to be in force is to be treated as an infringement; and | | (c) | an act which would have constituted use of the design for the services of the Government under Part 4 if the registration had not ceased to be in force is to be treated as such use. [Act 7 of 2022 wef 26/05/2022] |
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| (6) The Minister may make rules to provide for the restoration of the registration of a design which has been removed from the Register, subject to such conditions as may be prescribed. [16/2012] |
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| Exceptions relating to artistic works, etc. |
22.—(1) Despite section 21, where it is shown that a registered design —| (a) | was at the time it was registered a corresponding design in relation to an artistic work in which copyright subsists under the Copyright Act 2021; and | | (b) | by reason of a previous use of that work would not have been registrable but for section 9(1), |
| the period of registration of the design expires when the copyright in that work expires, if that is earlier than the time at which it would otherwise expire, and it may not thereafter be extended. |
[22/2021] | (2) Despite section 21, the period of registration of a design registered by virtue of section 10(1) does not extend beyond the end of the period of registration, and any extended period of registration, of the original registered design. |
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Division 5 — Proceedings for Determination of Rights
in Registered Designs |
| Determination of rights after registration |
23.—(1) After a design is registered, any person having or claiming an interest in the design may apply to the Court to determine —| (a) | who is the true owner of the design; | | (b) | whether the design should have been registered in the name of the person in whose name it was registered; or | | (c) | whether any right in the design should be transferred or granted to any other person, |
| and the Court is to determine the question and may make such order as it considers appropriate to give effect to the determination. |
(2) Without limiting subsection (1), an order referred to in that subsection may contain one or more of the following directions:| (a) | that the name of the applicant be entered in the Register as the owner or one of the owners of the design (whether or not to the exclusion of any other person); | | (b) | that the transaction by virtue of which that person has acquired any right in the design be registered; | | (c) | that a licence for the use of the design be granted; | | (d) | that the registered owner of the design or any person having any right in the design carry out such act as the Court considers appropriate to give effect to any directions in the order. |
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| (3) If any person to whom a direction referred to in subsection (2)(d) was given fails to comply with the direction within 14 days after the date of the order, the Court may, on application made to it by any person in whose favour or on whose application the order was made, authorise the second-mentioned person to do that thing on behalf of the person to whom the direction was given. |
| (4) If an application under this section is made after the end of the period of 2 years from the date of issue of the certificate of registration referred to in section 18(c) in respect of the design in question, no order is to be made under subsection (1) transferring any right in the design from the registered owner to any other person on the ground that the registered owner was not entitled to be registered as the owner, unless it is shown that the registered owner knew at the time of the registration or of the transfer of the design to the registered owner (as the case may be) that the registered owner was not entitled to be registered as the owner. |
(5) The Court is not to make any order under subsection (1) unless notice of the application has first been given to —| (a) | the registered owner of the design; and | | (b) | each person registered as having a right in the registered design who is not a party to the application. |
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| Effect of order made under section 23 on third party |
24.—(1) Where an order is made under section 23(1) that a registered design be transferred from any person or persons (called in this section the old owner or owners) to one or more persons (whether or not including an old owner), then, except in a case falling within subsection (2), any licences or other rights granted or created by the old owner or owners, subject to section 34 and to the provisions of the order, continue in force and are to be treated as granted by the person or persons to whom the design is ordered to be transferred (called in this section the new owner or owners).| (2) Where an order is so made that a registered design must be transferred from the old owner or owners to one or more persons none of whom was an old owner (on the ground that the design was registered in the name of a person not entitled to be registered as an owner), any licences or other rights in the design will, subject to the provisions of the order and subsection (3), lapse on the registration of that person or those persons as the new owner or owners of the design. |
(3) Where an order referred to in subsection (2) is made and, before particulars of the reference resulting in the making of the order are entered in the Register, the old owner or owners or a licensee —| (a) | carried out in good faith an act which would have constituted an infringement of the design if particulars of the reference had been registered at the time the act was done; or | | (b) | made in good faith effective and serious preparations to carry out such an act, |
| the old owner or owners or the licensee are, on making a request to the new owner or owners within the prescribed period, entitled to be granted a licence (but not an exclusive licence) to continue to do the act or (as the case may be) to do the act. |
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| (4) A licence under subsection (3) must be for a reasonable period and subject to reasonable terms. |
(5) The new owner or owners of the registered design or any person claiming that the person is entitled to be granted a licence under subsection (3) may apply to the Court for a determination of whether —| (a) | that person is so entitled; or | | (b) | the period or terms of any such licence granted are reasonable. |
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(6) The Court is to make the determination under subsection (5) and may —| (a) | order the grant of a licence on such terms and for such period as it considers reasonable; or | | (b) | vary the period or terms of the licence. |
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| Licences granted by order of Court |
| 25. Any order made under section 23(1) or 24(6) for the grant of a licence, without affecting any other method of enforcement, has effect as if it were a deed, executed by the registered owner of the registered design and all other necessary parties, granting a licence in accordance with the order. |
| Division 6 — Surrender and Revocation of Registration |
| Surrender of registration |
| 26.—(1) The registration of a design may be surrendered by the registered owner in respect of all or any of the articles, non-physical products, or sets of articles and non-physical products for which the design is registered. [29/2017] [Act 7 of 2022 wef 26/05/2022] (2) The Minister may make rules —| (a) | as to the manner and effect of a surrender; and | | (b) | for protecting the interest of other persons having a right in the design. |
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| Revocation of registration |
27.—(1) At any time after a design has been registered, any interested person may apply to the Registrar or the Court for the revocation of the registration of the design on the ground that the design was not, at the date of its registration, new, or on any other ground on which the Registrar could have refused to register the design; and the Registrar may make such order on the application as the Registrar thinks fit.(2) At any time after a design has been registered, any interested person may apply to the Registrar or the Court for the revocation of the registration on the ground that —| (a) | the design was at the time it was registered a corresponding design in relation to an artistic work in which copyright subsisted; and | | (b) | the right in the registered design has expired in accordance with section 22(1), |
| and the Registrar may make such order on the application as the Registrar thinks fit. |
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| (3) If proceedings concerning a design are pending in the Court, an application for the revocation of its registration must be made to the Court. |
| (4) If an application for the revocation of the registration of a design is made to the Registrar, the Registrar may at any time refer the application to the Court. |
| (5) An application to the Registrar for the revocation of the registration of a design must be made in the prescribed manner and be accompanied by the prescribed fee. |
(6) A revocation takes effect —| (a) | in the case of a revocation under subsection (1), from the date of registration; and | | (b) | in the case of a revocation under subsection (2), from the date on which the right in the registered design expired. |
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| (7) The Minister may make rules to provide for revocation proceedings before the Registrar and for matters relating thereto. |
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| Division 7 — Miscellaneous |
28.—(1) After the registration of a design and upon the filing of a written request by any person in the prescribed manner and the payment of the prescribed fee, the Registrar must —| (a) | give the person making the request such information; and | | (b) | permit that person to inspect such documents, |
| relating to the application for registration of the design (including any representation or sample of the design) as may be specified in the request, subject, however, to such conditions as may be prescribed. |
| (2) Rules may be made empowering the Registrar to refuse any request in respect of such information or documents as may be prescribed. |
| (3) Until notice of registration of a design is published under section 18, any information or documents constituting or relating to the application for registration must not, without the consent of the owner or the applicant (as the case may be), be published or communicated to any person by the Registrar. |
| (4) Subsection (3) does not prevent the Registrar from publishing or communicating to others any prescribed information relating to an application for registration of a design. |
| (5) Where a person is notified that an application for registration of a design has been made and that the applicant will, if the design is registered, bring proceedings against that person in the event of that person doing an act specified in the notification, that person may make a request under subsection (1). |
| (6) The Registrar may grant the request under subsection (1) without the consent of the applicant, even though the design has not been registered. |
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| Provisions for secrecy of certain designs |
29.—(1) Where an application for registration of a design has been made and it appears to the Registrar that the design is one of a class notified to the Registrar by the Minister as relevant for defence purposes, the Registrar must give directions for prohibiting or restricting —| (a) | the publication of information with respect to the design; or | | (b) | the communication of such information to any person or class of persons specified in the directions. |
(2) Rules may be made for securing that where such directions are given —| (a) | the representation of the design; and | | (b) | any evidence filed in support of the application for registration, |
| must not be open to public inspection in the Registry during the continuance in force of the directions. |
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| (3) Any person who fails to comply with a direction of the Registrar shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both. |
(4) Where such directions are in force, the application —| (a) | must be held in abeyance after the formal requirements referred to in section 16 have been satisfied; and | | (b) | despite section 18, must not proceed to be processed in accordance with that section until the directions are revoked under subsection (5)(d). |
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(5) Where the Registrar gives such directions, the Registrar must give notice of the application and of the directions to the Minister, and thereupon the following provisions have effect:| (a) | the Minister must consider whether the publication of the design would be prejudicial to the defence of Singapore; | | (b) | the Minister may at any time inspect the representation of the design, or any evidence referred to in subsection (2)(b); | | (c) | if, upon the consideration of the design at any time, it appears to the Minister that the publication of the design would not, or would no longer, be prejudicial to the defence of Singapore, notice may be given to the Registrar to that effect; | | (d) | on the receipt of such notice, the Registrar must revoke the directions and may, subject to such conditions (if any) as the Registrar thinks fit, extend the time for doing anything required or authorised to be done by or under this Act in connection with the application for registration, whether or not that time has previously expired. |
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(6) Where —| (a) | directions given under this section in relation to an application for registration of a design are revoked; | | (b) | the design is registered; and | | (c) | it appears to the Minister that the applicant has suffered hardship while the directions were in force, |
| the Minister may make such payment (if any) by way of compensation to the applicant as appears to the Minister to be reasonable having regard to all relevant circumstances. |
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| (7) Nothing in this section prevents the disclosure of information concerning a design to a Government department or authority for the purpose of obtaining advice as to whether the directions under this section with respect to an application for registration of that design should be made, amended or revoked. |
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