Disclosure, etc., of design before certain date
8.—(1)  Subject to subsection (2A), an application for registration of a design shall not be refused, and the registration of a design shall 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.
[3/2001]
[Act 29 of 2017 wef 30/10/2017]
(2)  Subject to subsection (2A), an application for registration of a design shall not be refused, and the registration of a design shall 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.
[Act 29 of 2017 wef 30/10/2017]
(2A)  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 the date of commencement of section 6 of the Registered Designs (Amendment) Act 2017.
[Act 29 of 2017 wef 30/10/2017]
(3)  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 22nd November 1928, and any protocols to that Convention, as revised or amended from time to time.
[UK Designs 1949, s. 6; HK Designs, s. 9]
[Act 29 of 2017 wef 30/10/2017]
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.
(2)  This section only applies to a disclosure mentioned in subsection (1)(a), (b), (c) or (d) that is made on or after the date of commencement of section 7 of the Registered Designs (Amendment) Act 2017.
[Act 29 of 2017 wef 30/10/2017]
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 the date of commencement of section 7 of the Registered Designs (Amendment) Act 2017.
[Act 29 of 2017 wef 30/10/2017]