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No. S 556

Registered Designs Act

(Chapter 266)

Registered Designs (Amendment) Rules 2005

In exercise of the powers conferred by section 74 of the Registered Designs Act, the Minister for Law, after consulting with the Intellectual Property Office of Singapore, hereby makes the following Rules:

Citation and commencement

1. These Rules may be cited as the Registered Designs (Amendment) Rules 2005 and shall come into operation on 1st September 2005.

Amendment of rule 2

2. Rule 2(1) of the Registered Designs Rules (R 1) (referred to in these Rules as the principal Rules) is amended by deleting the definition of “Designs Journal” and substituting the following definitions:

“ “account holder” means a person registered as an account holder by the Registrar under rule 58B;

“authentication code” means an identification or identifying code, a password or any other authentication method or procedure that may be assigned to an account holder by the Registrar under rule 58C;

“Designs Journal” means the journal by that name published under rule 66A;

“electronic online system” means the electronic online system established under rule 58A;

“identification name” means an identification name assigned to an account holder by the Registrar under rule 58C;”.

Amendment of rule 3A

3. Rule 3A of the principal Rules is amended —

(a)

by inserting, immediately after the word “Registry” in paragraph (3), the words “which is not filed using the electronic online system”; and

(b)

by inserting, immediately after paragraph (5), the following paragraph:

“(6) The Registrar may require the filing of a hard copy of any document filed using the electronic online system.”.

Amendment of rule 4

4. Rule 4 of the principal Rules is amended by deleting paragraph (2) and substituting the following paragraph:

“(2) Any form may be modified on the direction of the Registrar —

(a)	for use in a case other than the case for which it is intended; or
(b)	for carrying out any transaction by means of the electronic online system.”.

Amendment of rule 4A

5. Rule 4A of the principal Rules is amended by inserting, immediately after the words “on the Registrar”, the words “, other than by means of the electronic online system,”.

Deletion and substitution of rule 6

6. Rule 6 of the principal Rules is deleted and the following rule substituted therefor:

“Service of documents

6.—(1) Where the Act authorises or requires any document to be given or sent to, filed with or served on the Registrar or Registry, the giving, sending, filing or service may be effected on the Registrar or Registry —

(a)	by sending the document by post; or
(b)	where there is no fee payable to the Registrar or Registry for the giving, sending, filing or service of the document, by sending the document by facsimile transmission.

(2) Where the Act authorises or requires any document to be given or sent to or served on any party other than the Registrar or Registry, the giving, sending or service may be effected on that party by sending the document by post.

(3) Where the Act authorises or requires any notice or other document to be given or sent to or served on any party by the Registrar or Registry, the Registrar or Registry may effect the giving, sending or service on the party —

(a)	by sending the notice or other document by post; or
(b)	by sending the notice or other document by facsimile transmission.

(4) Where any notice or other document is sent by post under paragraph (2) or (3), the giving, sending or service, as the case may be, of the notice or other document shall, until the contrary is proved, be treated as having been effected at the time at which the document would have been delivered in the ordinary course of post.

(5) For the purposes of paragraphs (2) and (3), a notice or other document is sent to a party by post if the notice or other document is sent by pre-paid post to the party at his address for service referred to in rule 7.

(6) Where any person has attempted to send any document by facsimile transmission under paragraph (1) —

(a)	if any part or all of the document received by the Registrar or Registry is illegible or if any part of the document is not received by the Registrar or Registry, the document shall be treated as not having been submitted;
(b)	the burden of proving the legibility and completeness of the document lies with the person who has attempted to send the document;
(c)	the original of any document sent by facsimile transmission and an accompanying letter identifying the date and time of the transmission shall be furnished to the Registrar within 14 days from the date of transmission; and
(d)	if the person who has attempted to send the document fails to comply with sub-paragraph (c), the document shall be treated as not having been sent at all.

(7) Paragraph (1)(b) shall not apply to the filing of evidence by way of a statutory declaration under rule 42(1), 43(1) or 44(1).”.

Amendment of rule 14

7. Rule 14 of the principal Rules is amended —

(a)

by deleting paragraph (1);

(b)

by deleting the word “and” at the end of paragraph (1A)(a); and

(c)

by deleting the full-stop at the end of sub-paragraph (b) of paragraph (1A) and substituting the word “; and”, and by inserting immediately thereafter the following sub-paragraph:

“(c)	the number of sets of representations that shall accompany an application for the registration of a design.”.

New rule 56E

8. The principal Rules are amended by inserting, immediately after rule 56D, the following rule:

“Certificate

56E. When a bill of costs has been taxed, the party who requested the taxation may file with the Registrar Form D19, and the Registrar shall proceed to issue to him a certificate for the amount of the taxed costs.”.

Amendment of rule 57

9. Rule 57(6) of the principal Rules is amended —

(a)

by deleting sub-paragraph (b) and substituting the following sub-paragraph:

“(b)	the making of an application to extend the period of registration of a design under rule 35;”; and

(b)

by deleting the full-stop at the end of sub-paragraph (d) and substituting a semi-colon, and by inserting immediately thereafter the following sub-paragraph:

“(e)	the making of an application to extend the period of registration of a relevant design under rule 67.”.

New Part VIIIA

10. The principal Rules are amended by inserting, immediately after rule 58, the following Part:

“PART VIIIA

ELECTRONIC ONLINE SYSTEM

Establishment of electronic online system

58A.—(1) There shall be established an electronic online system for the purposes of these Rules.

(2) The electronic online system may be used for carrying out any of the transactions referred to in rules 7 (4), 8 (3), 13, 24, 27 (4), 32, 33, 35, 35A (3), 37 (3A), 57 (1) and 66 (1) and (2).

Registration of account holder

58B.—(1) Any person who desires to make use of the electronic online system to —

(a)	carry out any transaction referred to in rule 58A (2); and
(b)	make payment through Interbank GIRO for that transaction,

shall, in accordance with the procedures set out in practice directions issued by the Registrar, apply to the Registrar to be registered as an account holder.

(2) The Registrar may register a person as an account holder on such terms and with such restrictions pertaining to the use of the electronic online system as the Registrar thinks fit.

Identification name and authentication code

58C. Upon registration of a person as an account holder, the person shall be assigned such number of identification names and authentication codes as the Registrar may determine.

Obligation to inform Registrar of change of particulars

58D. An account holder shall, in accordance with such procedure as may be laid down in practice directions issued by the Registrar, inform the Registrar of any change in the particulars furnished in his application for registration as an account holder under rule 58B.

Security measures

58E.—(1) An account holder shall ensure the confidentiality and security of each identification name and authentication code assigned to him and shall not —

(a)	divulge the identification name and authentication code to any other person who has no authority to use the identification name and authentication code; or
(b)	permit any other person who has not been so authorised to use the identification name and authentication code.

(2) When using the electronic online system, an account holder shall not circumvent any security or authentication mechanism in the system.

Duty of person carrying out electronic filing

58F. A person shall only use the electronic online system in accordance with these Rules and any practice directions issued by the Registrar.

Cancellation of registration as account holder

58G. The Registrar may cancel —

(a)	the registration of an account holder; and
(b)	any identification name and authentication code issued to the account holder,

if the Registrar is satisfied that the account holder has contravened rule 58E or 58F or any term or restriction imposed by the Registrar.”.

Amendment of rule 59

11. Rule 59 of the principal Rules is amended by deleting paragraph (3) and substituting the following paragraphs:

“(3) For the avoidance of doubt, where the time for carrying out any transaction referred to in rule 58A (2) expires on an excluded day for the carrying out of that transaction, that time shall be extended to the next following day which is not an excluded day for the carrying out of that transaction, notwithstanding the availability of the electronic online system for the carrying out of that transaction.

(4) Where, in carrying out any transaction referred to in rule 58A (2), a document —

(a)	is transmitted to the Registry by means of the electronic online system; and
(b)	is received, by the server of that system set up to receive such transmissions, at any time before midnight on any day which is not an excluded day for the business of sending to or filing with the Registry any document by means of that system,

that document shall be treated as sent to or filed with, and received by, the Registry at that time and on that day.

(5) For the purposes of paragraph (4), the document shall be treated as sent to or filed with, and received by, the Registry if and only if the last byte of the transmission containing the document is received by the server referred to in that paragraph.

(6) Any person who sends or files a document by means of the electronic online system may produce a record of transmission issued through that system as evidence of —

(a)	the sending or filing of that document; and
(b)	the date and time when the sending or filing took place.

(7) Subject to paragraph (6) of rule 6, where a document referred to in that paragraph —

(a)

is transmitted to the Registrar or Registry by means of facsimile transmission; and

(b)

is received —

(i)	by any facsimile machine designated by the Registry for the receipt of such transmissions; and
(ii)	at any time before midnight on any day which is not an excluded day for the business of sending to or filing with the Registry that document by means of facsimile transmission,

that document shall be treated as sent to or filed with, and received by, the Registry at that time and on that day.

(8) For the purposes of paragraph (7) —

(a)	a document shall be treated as sent to or filed with, and received by, the Registry if and only if all sheets comprising the complete document are received by the facsimile machine referred to in that paragraph; and
(b)	the date and time of receipt of the document, as recorded by the facsimile machine referred to in that paragraph, shall, until the contrary is proved, be treated as the date and time when the document was sent to or filed with, and received by, the Registry.

(9) In the Act, “excluded day”, in relation to any specific class of business, means any day on which the Registry shall be taken to be closed for the purposes of the transaction by the public of that class of business.”.

Amendment of rule 60

12. Rule 60 (1) of the principal Rules is amended —

(a)

by deleting the word “or” at the end of sub-paragraph (a); and

(b)

by deleting the comma at the end of sub-paragraph (b) and substituting the word “; or”, and by inserting immediately thereafter the following sub-paragraph:

“(c)	the operation of the electronic online system,”.

New rule 66A

13. The principal Rules are amended by inserting, immediately after rule 66, the following rule:

“Designs Journal

66A.—(1) The Registrar shall publish a journal, to be called the Designs Journal which shall contain —

(a)	the matters required to be published in that Journal under rules 4(1), 28 and 67(3);
(b)	the practice directions issued by the Registrar under the Act; and
(c)	such other information as the Registrar thinks fit.

(2) The Designs Journal shall be published monthly, unless the Registrar otherwise directs.”.

Deletion of rule 67A

14. Rule 67A of the principal Rules is deleted.

Amendment of First Schedule

15. The First Schedule to the principal Rules is amended —

(a)

by deleting items 1, 2 and 3 and substituting the following items:

“

Request to change or correct the name or address of an applicant for registration or of a registered proprietor, or request to change an address for service —

7 (4)
66

(a) filed by means of the electronic online system

$15

(b) filed other than by means of the electronic online system

$21

Notice of appointment or substitution of agent —

8(3)

(a) filed by means of the electronic online system

$12

(b) filed other than by means of the electronic online system

$17

Application for registration of a design under section 11 of the Act —

(a) filed by means of the electronic online system

$250 in respect of each design

(b) filed other than by means of the electronic online system

$270 in respect of each design

”;

(b)

by deleting item 5 and substituting the following item:

“

Application to amend an application for registration of a design under section 15 of the Act —

(a) filed by means of the electronic online system —

(i) where the amendment relates to text only

$40

(ii) where the amendment relates to representations only or to representations and text

$45

(b) filed other than by means of the electronic online system —

(i) where the amendment relates to text only

$50

(ii) where the amendment relates to representations only or to representations and text

$55

”;

(c)

by deleting items 8, 9 and 10 and substituting the following items:

“

Application for a certified copy of an entry in the Register or a certified extract from the Register under section 55(3) of the Act —

(a) filed by means of the electronic online system

$30

(b) filed other than by means of the electronic online system

$36

Application to correct an error in the Register under section 57 of the Act —

(a) filed by means of the electronic online system —

(i) where the correction relates to text only

$40

(ii) where the correction relates to representations only or to representations and text

$45

(b) filed other than by means of the electronic online system —

(i) where the correction relates to text only

$50

(ii) where the correction relates to representations only or to representations and text

$55

Application for extension of period of registration of a design under section 21 of the Act and paragraph 3(6) of the Schedule to the Act —

(a) for the first period of 5 years —

(i) filed by means of the electronic online system

$200 in respect of each registration

(ii) filed other than by means of the electronic online system

$220 in respect of each registration

(b) for the second period of 5 years —

(i) filed by means of the electronic online system

$300 in respect of each registration

(ii) filed other than by means of the electronic online system

$330 in respect of each registration

(i) filed by means of the electronic online system

$400 in respect of each registration

(ii) filed other than by means of the electronic online system

$440 in respect of each registration

(d) for the fourth period of 5 years —

(i) filed by means of the electronic online system

$500 in respect of each registration

(ii) filed other than by means of the electronic online system

$550 in respect of each registration

”;

(d)

by inserting, immediately after the words “extension of time” in item 20, the words “whether by means of the electronic online system or otherwise”; and

(e)

by inserting, immediately after item 22, the following item:

“

22A

Issue by Registrar of a certificate as to amount of taxed costs

56E

$80

D19

”.

Amendment of Second Schedule

16. The Second Schedule to the principal Rules is amended —

(a)

by deleting the full-stop at the end of the item relating to Form D18; and

(b)

by inserting, immediately after the item relating to Form D18, the following item:

“

D19

Request to extract the Registrar’s Certificate of Taxation

”.

[G.N. No. S 778/2004]

Made this 19th day of August 2005.

LIEW HENG SAN

Permanent Secretary,
Ministry of Law,
Singapore.

[LAW 18/001/005; AL/RD/001/05; AG/LEG/SL/266/2000/1 Vol. 3]