Registered Designs (Amendment) Rules 2004 - Singapore Statutes Online

No. S 778

Registered Designs Act

(Chapter 266)

Registered Designs (Amendment) Rules 2004

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 2004 and shall come into operation on 1st January 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 inserting, immediately before the definition of “statement of novelty”, the following definition:

“ “Designs Journal” means the journal by that name published under rule 67A;”.

New rule 3A

3. The principal Rules are amended by inserting, immediately after rule 3, the following rule:

“Filing of documents

3A.—(1) The Registrar may refuse to accept or process any document filed at the Registry that fails to comply with the Act.

(2) Every document filed at the Registry shall —

(a)	be in English; or
(b)	where the document is not in English, be accompanied by an English translation of the document.

(3) Every document filed at the Registry shall —

(a)	be filed using durable paper; and
(b)	be in writing that is legible and permanent.

(4) Where the Registrar refuses to accept any document that does not comply with paragraph (2) or (3), the Registrar shall give the applicant a notice stating the manner in which the document does not comply with paragraph (2) or (3), as the case may be.

(5) Where any document filed at the Registry is a copy, the Registrar may —

(a)	decide whether to accept or process the document; and
(b)	require the original to be filed with the Registry.”.

Deletion and substitution of rule 4 and new rule 4A

4. Rule 4 of the principal Rules is deleted and the following rules substituted therefor:

“Forms

4.—(1) The Registrar shall publish in the Designs Journal —

(a)	the forms to be used for any purpose relating to the registration of a design or any other proceedings before the Registrar under the Act;
(b)	the Registrar’s directions relating to the use of any form; and
(c)	any amendment or modification of any such form or direction.

(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.

(3) Any reference in these Rules to a numbered form shall be construed as a reference to the current version of the form bearing the corresponding number which is —

(a)	described in the Second Schedule; and
(b)	published in the Designs Journal.

Size of documents

4A. Subject to any directions that may be given by the Registrar, all forms, notices and other documents required or authorised by the Act to be given or sent to, filed with or served on the Registrar shall be given, sent, filed or served using A4 size paper.”.

Amendment of rule 14

5. Rule 14 of the principal Rules is amended —

(a)

by inserting, immediately after the word “identical” in paragraph (1), the words “sets of”;

(b)

by inserting, immediately after paragraph (1), the following paragraph:

“(1A) The Registrar may issue practice directions to indicate —

(a)	the maximum number of different views of the design that may be filed as representations of the design; and
(b)	the dimensions of each view.”; and

(c)

by deleting paragraph (2) and substituting the following paragraph:

“(2) The representation of a design or, where there is more than one view filed as representation of a design, the representation of each view of the design shall be in the form of a drawing or photograph that is suitable for reproduction.”.

Amendment of rule 19

6. Rule 19 of the principal Rules is amended —

(a)

by deleting paragraphs (1) and (2) and substituting the following paragraphs:

“(1) If a right of priority is claimed by reason of an application for registration of a design (referred to in this rule as the priority application) filed —

(a)	in a Convention country under section 12 of the Act; or
(b)	in another country or territory in respect of which provision corresponding to that set out in section 12 of the Act is made under section 13 of the Act,

particulars of that claim shall be included in the application form at the time of filing the application form.

(2) The particulars referred to in paragraph (1) are —

(a)

the country or territory in which —

(i)	the priority application; or
(ii)	where there is more than one priority application, each priority application,

was filed;

(b)

the date on which —

(i)	the priority application; or
(ii)	where there is more than one priority application, each priority application,

was filed;

(c)

the classification of the article to which the design is intended to be applied in accordance with the Third Schedule;

(d)

where the right of priority is claimed in respect of one or more, but not all, of the articles for which registration was sought in the priority application, the articles in respect of which the right of priority is claimed; and

(e)

where the right of priority is claimed through more than one priority application, the articles in respect of which the right of priority is claimed through each priority application.

(2A) The Registrar may at any time require the applicant to file a certificate by the registering or other competent authority of the country or territory concerned certifying or verifying to the satisfaction of the Registrar —

(a)	the date of filing of the priority application;
(b)	the country or territory of the registering or other competent authority;
(c)	the representation of the design; and
(d)	the articles covered by the priority application.”; and

(b)

by inserting, immediately after the word “certificate” in the 1st line of paragraph (3), the words “referred to in paragraph (2A)”.

Amendment of rule 24

7. Rule 24 of the principal Rules is amended —

(a)

by deleting the words “A request” and substituting the words “Subject to paragraph (2), a request”; and

(b)

by renumbering the rule as paragraph (1) of that rule, and by inserting immediately thereafter the following paragraph:

“(2) A request to amend the particulars relating to the name or address of an applicant in an application for registration of a design shall be made in Form D1.”.

Amendment of rule 27

8. The principal Rules are amended by renumbering rule 27 as paragraph (1) of that rule, and by inserting immediately thereafter the following paragraphs:

“(2) If, in the course of an examination of an application for registration, it appears to the Registrar that the formal requirements for registration are not met, the Registrar shall give a written notice of this to the applicant.

(3) If, within 3 months from the date of the written notice of the Registrar, the applicant fails to —

(a)	make representations in writing;
(b)	apply to the Registrar for a hearing; or
(c)	apply to correct the non-compliance,

the application shall be treated as withdrawn.

(4) If the applicant wishes to have an extension of time to do any act referred to in paragraph (3)(a), (b) or (c), he shall file with the Registrar a request for extension in Form D16 before the expiry of the period of 3 months or any extended period previously allowed by the Registrar.

(5) If the applicant requests for a hearing to make representations, the Registrar shall give notice to the applicant of a date on which he will hear the applicant’s arguments.

(6) For the purposes of the hearing, the applicant shall file with the Registrar his written submissions and bundle of authorities at least 14 days before the date of the hearing.

(7) The decision of the Registrar, in respect of the representations of the applicant given either during the hearing or in writing, shall be communicated to the applicant in writing or in such other manner as the Registrar thinks fit.

(8) Where the applicant wishes to appeal against the decision of the Registrar —

(a)	the applicant shall, within one month from the date of the decision, in writing and upon payment of the prescribed fee, request the Registrar to state the Registrar’s grounds of decision; and
(b)	the Registrar shall, within 2 months from the date of the request, send the grounds of decision to the applicant.

(9) The date on which the Registrar’s grounds of decision are sent to the applicant shall be deemed to be the date of the Registrar’s decision for the purpose of an appeal.”.

Amendment of rule 33

9. Rule 33 of the principal Rules is amended —

(a)

by deleting the words “A request” and substituting the words “Subject to paragraph (2), a request”; and

(b)

by renumbering the rule as paragraph (1) of that rule, and by inserting immediately thereafter the following paragraph:

“(2) A request to correct the particulars in the Register relating to the name or address of the applicant shall be made in Form D1.”.

Amendment of rule 35

10. Rule 35 of the principal Rules is amended by deleting paragraph (2) and substituting the following paragraphs:

“(2) The application to extend the period of registration of a design shall not be made —

(a)	earlier than 6 months before; or
(b)	later than 6 months after,

the date of expiry of the current period of registration of the design.

(3) Where an application to extend the period of registration of a design is made within 6 months after the date of expiry of the current period of registration, the application for extension in Form D8 shall be accompanied by the payment of the prescribed late fee.”.

New rules 35A and 35B

11. The principal Rules are amended by inserting, immediately after rule 35, the following rules:

“Notice of non-compliance

35A.—(1) If, in the course of an examination of an application to extend the period of registration of a design, it appears to the Registrar that the application is not in order, the Registrar shall give written notice of this to the applicant.

(2) If the applicant fails to —

(a)	respond in writing to the Registrar on the notice; or
(b)	comply with any requisition of the Registrar set out in the notice,

within the time specified in the notice, the Registrar may treat the application as having been withdrawn.

(3) If the applicant wishes to have an extension of time to do any act referred to in paragraph (2)(a) or (b), he shall file with the Registrar a request for an extension of time in Form D16 before the expiry of the time specified in the notice or any extended period previously allowed by the Registrar.

Removal of registered design from Register

35B. The Registrar may remove a registered design from the Register if —

(a)

no application for the extension of the period of registration of the design is filed in accordance with rule 35; or

(b)

where an application for the extension of the period of registration of the design is filed in accordance with rule 35, the applicant —

(i)	fails to comply with any direction of the Registrar relating to the extension; or
(ii)	notifies the Registrar that he wishes to withdraw or abandon the application.”.

Amendment of rule 37

12. Rule 37 of the principal Rules is amended —

(a)

by deleting the word “and” at the end of paragraph (2)(c);

(b)

by inserting, immediately after sub-paragraph (c) of paragraph (2), the following sub-paragraphs:

“(ca)	where the transaction is the making by a personal representative of an assent in relation to a registered design or any right in it, be signed by or on behalf of both the personal representative and the beneficiary;
(cb)	where the transaction is an order of the Court or other competent authority transferring a registered design or any right in it, be accompanied by any documentary evidence which in the Registrar’s view is sufficient to establish the transaction; or”;

(c)

by deleting sub-paragraph (d) of paragraph (2) and substituting the following sub-paragraph:

“(d)	where the transaction is a transaction referred to in sub-paragraph (a), (b), (c) or (ca), but the application is not signed in accordance with that sub-paragraph, be accompanied by such evidence as the Registrar considers to be sufficient proof of the transaction.”;

(d)

by inserting, immediately after paragraph (2), the following paragraphs:

“(2A) The Registrar shall refuse to accept an application under paragraph (1) if paragraph (2) is not complied with and, in such event, may require a fresh application to be made.

(2B) For the purposes of this rule, where a party required to sign the application is a corporation, it is sufficient for that party to seal the application with its corporate seal.”;

(e)

by inserting, immediately after the words “thinks fit” in paragraph (3), the words “within such time as the Registrar may specify”; and

(f)

by inserting, immediately after paragraph (3), the following paragraphs:

“(3A) If the applicant wishes to have an extension of time to comply with the requirement referred to in paragraph (3), he shall file with the Registrar a request for an extension of time in Form D16 before the expiry of the time specified by the Registrar or any extended period previously allowed by the Registrar.

(3B) Where the transaction is effected by an instrument chargeable with duty, the granting of the application shall be subject to the Registrar being satisfied that the instrument has been duly stamped.”.

Amendment of rule 40

13. Rule 40 of the principal Rules is amended by deleting paragraph (3) and substituting the following paragraph:

“(3) The applicant shall serve a copy each of the application and the statement on the registered owner of the design at the time he files these documents with the Registrar.”.

Deletion and substitution of rule 41

14. Rule 41 of the principal Rules is deleted and the following rule substituted therefor:

“Counter-statement

41.—(1) If the registered owner wishes to respond to an application under rule 40, he shall, within 2 months from the date he receives the copies of both the application and the statement, file with the Registrar a counter-statement in Form D14 setting out fully —

(a)	the grounds on which he relies as supporting his registration; and
(b)	the facts alleged in the application which he admits, if any.

(2) The registered owner shall serve a copy of the counter-statement on the applicant at the time the counter-statement is filed with the Registrar.

(3) A request for an extension of time to file the counter-statement shall be made to the Registrar within 2 months from the date the registered owner receives the copies of both the application and the statement.

(4) The total extension of time for which the Registrar may allow the registered owner to file the counter-statement shall not exceed 4 months from the date the registered owner receives the copies of both the application and the statement.

(5) Before making a request for an extension of time, the registered owner shall serve on the applicant and every other person likely to be affected by the extension a notice containing —

(a)	a statement of the registered owner’s intention to request for the extension, the period of extension requested for and the reason for the extension; and
(b)	a request for the consent in writing of the applicant or other person likely to be affected by the extension.

(6) The request for the extension shall be supported by —

(a)	a copy of the notice referred to in paragraph (5); and
(b)	the consent in writing of the applicant and of every other person likely to be affected by the extension, if given.

(7) The Registrar may refuse to grant the extension if the registered owner —

(a)	fails to show a good and sufficient reason for the extension; or
(b)	fails to show to the Registrar’s satisfaction that the notice referred to in paragraph (5) has been served on the applicant and every other person likely to be affected by the extension.

(8) Where a person on whom a notice referred to in paragraph (5) is served fails or refuses to give his consent in writing to the extension within 2 weeks from the date of the notice, the Registrar may, if he is satisfied that a good and sufficient reason has been shown for the extension, grant the extension without having to conduct a hearing in accordance with rule 52.

(9) This rule and rules 42 to 48 shall not apply in any case where the Registrar refers the application to the Court for determination under section 27(4) of the Act.”.

Amendment of rule 42

15. Rule 42 of the principal Rules is amended —

(a)

by deleting paragraph (1) and substituting the following paragraph:

“(1) Within 2 months from the date the applicant receives the counter-statement from the registered owner, the applicant shall file with the Registrar such evidence by way of a statutory declaration as he may desire to adduce in support of his application and shall, at the same time, send to the registered owner a copy of that evidence.”; and

(b)

by deleting the words “fails to” in paragraph (2) and substituting the words “does not”.

Amendment of rule 43

16. Rule 43 of the principal Rules is amended —

(a)	by inserting, immediately after the words “such evidence” in paragraph (1), the words “by way of a statutory declaration”; and
(b)	by deleting the words “fails to” in paragraph (2) and substituting the words “does not”.

Amendment of rule 44

17. Rule 44 of the principal Rules is amended by deleting paragraphs (1) and (2) and substituting the following paragraph:

“(1) Within 2 months from the date the applicant receives the copy of the registered owner’s evidence referred to in rule 43, the applicant may file with the Registrar evidence in reply by way of a statutory declaration and shall, at the same time, send to the registered owner a copy of that evidence.”.

New rule 47A

18. The principal Rules are amended by inserting, immediately after rule 47, the following rule:

“Pre-hearing review

47A.—(1) At any time after the completion of the filing of evidence by the parties, the Registrar may direct the parties to attend a pre-hearing review at which he may give such directions as he considers necessary or desirable for securing the just, expeditious and economical disposal of the proceedings.

(2) At the pre-hearing review, the Registrar may consider any matter including the possibility of settlement of all or any of the issues in the proceedings and may require the parties to furnish him with such information as he may require.

(3) If any party fails to comply with any direction given under paragraph (1) or (2), the Registrar may dismiss the proceedings or make such other order as he thinks fit.

(4) Any direction or order by the Registrar may be set aside or varied by him on such terms as he thinks fit.

(5) If, at any time during the pre-hearing review, the parties are agreeable to a settlement of all or some of the matters in dispute in the proceedings, the Registrar may give his decision in relation to the proceedings or make such order as he thinks just to give effect to the settlement.

(6) If a party does not appear at the pre-hearing review, the Registrar may dismiss the proceedings or make such other order as the Registrar thinks fit, or he may adjourn the review.

(7) An order made by the Registrar in the absence of a party may be set aside by the Registrar, on the application of that party, on such terms as the Registrar thinks fit.”.

New rules 49A, 49B and 49C

19. The principal Rules are amended by inserting, immediately after rule 49, the following rules:

“Extension of time in revocation proceedings

49A. Where any extension of time is granted to any party, the Registrar may, if he thinks fit, without giving the party a hearing, grant a reasonable extension of time to the other party in which to take any subsequent step.

Costs in uncontested revocations

49B. Where a revocation is uncontested by the registered owner, the Registrar shall, in deciding whether costs should be awarded to the applicant, consider whether proceedings might have been avoided if reasonable notice had been given by the applicant to the registered owner before the application for revocation was filed.

Intervention by third parties

49C.—(1) Any person, other than the registered owner, claiming to have an interest in a registered design which is the subject of an application for revocation under rule 40 may apply to the Registrar in writing for leave to intervene.

(2) The Registrar may, after hearing the parties concerned if he has so required —

(a)	refuse leave to intervene; or
(b)	grant leave to intervene upon such terms (including any undertaking as to costs) as he thinks fit.

(3) Any person granted leave to intervene shall, subject to the terms and conditions imposed in respect of the intervention, be treated as a party to the proceedings in question.”.

Deletion and substitution of rule 52

20. Rule 52 of the principal Rules is deleted and the following rule substituted therefor:

“Right of affected party to be heard

52.—(1) Without prejudice to any of the provisions of the Act requiring the Registrar to hear any party to proceedings under the Act or to give such party an opportunity to be heard, the Registrar shall, before exercising any power given to the Registrar by the Act adversely to any party, give that party an opportunity to be heard.

(2) The Registrar shall give that party at least 10 days’ notice of the date on which he may be heard.

(3) The Registrar shall notify that party of his decision made in relation to the exercise of his power.”.

Amendment of rule 54

21. Rule 54 of the principal Rules is amended —

(a)

by inserting, immediately after paragraph (1), the following paragraph:

“(1A) Subject to the provisions of the Oaths and Declarations Act (Cap. 211) and these Rules, Order 41 of the Rules of Court (Cap. 322, R 5) shall, with the necessary modifications, apply in relation to a statutory declaration filed or used in any proceedings before the Registrar as it applies to an affidavit filed or used in any proceedings before the Court.”; and

(b)

by deleting paragraph (4).

New Part VIIA

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

“PART VIIA

COSTS

Application for costs

56A.—(1) For the purposes of section 56 of the Act, a party to proceedings before the Registrar who desires to obtain costs shall apply to the Registrar for an award of costs in relation to the proceedings —

(a)

during the proceedings; or

(b)

within one month from —

(i)	the day on which the Registrar makes a decision in the proceedings that ends those proceedings; or
(ii)	the date of the Registrar’s notice to the party that the proceedings have been withdrawn, discontinued or dismissed,

as the case may be.

(2) Before awarding costs in respect of the proceedings, the Registrar shall give each party to the proceedings an opportunity to be heard in relation to the award of costs.

Taxation of costs

56B.—(1) Where the Registrar has awarded party and party costs to a party to proceedings before the Registrar and the party wishes to have the costs taxed by the Registrar, the party shall, within one month from the date of the award of costs —

(a)	apply for the costs to be taxed by filing a copy of the bill of costs with the Registrar; and
(b)	send at the same time a copy of the bill of costs to every other person having an interest in the taxation proceedings.

(2) Every bill of costs shall set out the following:

(a)	the work done in the cause or matter;
(b)	all disbursements made in the cause or matter;
(c)	the sum claimed for each item; and
(d)	in chronological order and with dates, all events in the cause or matter which are relevant to the taxation proceedings.

(3) Where costs have already been awarded for any of the items set out in the bill of costs, this fact and the amount awarded shall be indicated.

(4) Any party on whom a copy of the bill of costs has been served in accordance with paragraph (1) shall, if he wishes to dispute the bill or any part thereof, within one month from the receipt of the copy of the bill, mark the copy in accordance with paragraph (5) and send copies of the marked copy to the Registrar and the party requesting for taxation.

(5) The marking of a copy of a bill of costs shall be effected by writing on the right hand margin against each item the word “Agree” if the party concerned agrees with the costs claimed for that item, or the word “Disagree” if the party concerned disagrees with the costs claimed for that item.

(6) Upon expiry of the period referred to in paragraph (4), the Registrar shall give to the parties having an interest in the taxation proceedings notice of the date and time appointed for taxation.

Taxation proceedings

56C.—(1) If any party entitled to be heard in any taxation proceedings does not attend at the time appointed for taxation, the Registrar may proceed with the taxation.

(2) The Registrar may, if he thinks it necessary to do so, adjourn the proceedings.

Scale of costs

56D.—(1) The provisions in the Fourth Schedule shall apply in relation to taxation proceedings.

(2) Costs awarded in these proceedings are not intended to compensate the parties for the expense to which they may have been put.”.

Amendment of rule 57

23. Rule 57 of the principal Rules is amended by deleting paragraphs (2) to (5) and substituting the following paragraphs:

“(2) Before making a request for an extension of time, the person seeking the extension shall serve on every person or party likely to be affected by the extension a notice containing —

(a)	a statement of his intention to request for the extension, the period of extension requested for, and the reason for the extension; and
(b)	a request for the consent in writing of the person or party likely to be affected by the extension.

(3) The request for extension shall be made before the expiry of the period of time in question and shall be supported by —

(a)	a copy of the notice referred to in paragraph (2); and
(b)	the consent in writing of every person or party likely to be affected by the extension, if given.

(4) The Registrar may refuse to grant the extension if the person seeking the extension —

(a)	fails to show a good and sufficient reason for the extension; or
(b)	fails to show to the Registrar’s satisfaction that the notice referred to in paragraph (2) has been served on every person or party likely to be affected by the extension.

(5) Where a person or party on whom a notice referred to in paragraph (2) is served fails or refuses to give his consent to the extension within 2 weeks from the date of the notice, the Registrar may, if he is satisfied that a good and sufficient reason has been shown for the extension, grant the extension without having to conduct a hearing in accordance with rule 52.

(6) Paragraphs (1) to (5) shall not apply to the following matters:

(a)	the doing of any act referred to in rule 27 (3)(a), (b) or (c);
(b)	the doing of any act referred to in rule 35A (2)(a) or (b);
(c)	the furnishing of any document, instrument or information required by the Registrar under rule 37 (3);
(d)	the filing of a counter-statement to an application for revocation under rule 41.”.

Amendment of rule 58

24. Rule 58 of the principal Rules is amended —

(a)	by deleting the words “rule 57” in paragraph (1) and substituting the words “the provisions of these Rules”; and
(b)	by deleting the word “The” in paragraph (2) and substituting the words “Notwithstanding the provisions of these Rules, the”.

Deletion and substitution of rules 59 and 60 and new rules 60A to 60D

25. Rules 59 and 60 of the principal Rules are deleted and the following rules substituted therefor:

“Hours of business and excluded days

59.—(1) Subject to paragraph (3), any business done under the Act —

(a)	on any day after the hours of business of the Registry for that class of business; or
(b)	on any day which is an excluded day for that class of business,

shall be taken to have been done on the next following day which is not an excluded day for that class of business.

(2) Where the time for doing any business under the Act expires on an excluded day for the doing of that class of business, that time shall be extended to the next following day which is not an excluded day for the doing of that class of business.

(3) 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 as specified in the practice directions issued by the Registrar.

Extension of period where interruption in postal service, etc.

60.—(1) Where, on any day, there is an interruption in —

(a)	the postal service of Singapore; or
(b)	the operation of the Registry,

the Registrar may issue practice directions to declare that day as one on which there has been such an interruption and, where any period of time specified in the Act for the giving, sending, filing or serving of any notice, application or other document expires on a day so declared, the period shall be extended to the first day next following (not being an excluded day) which is not so declared.

(2) If in any case the Registrar is satisfied that the failure to give, send, file or serve any notice, application or other document within the period specified in the Act was wholly or mainly attributable to a failure of or delay in the postal service of Singapore, the Registrar may, if he thinks fit and upon such terms as he may direct, extend the period so that it ends on —

(a)	the day of the receipt by the addressee of the notice, application or other document; or
(b)	if the day of such receipt is an excluded day, on the first following day which is not an excluded day.

(3) The Registrar shall give notice of an extension referred to in paragraph (2) to all parties to the matter.

Case management conference

60A. Notwithstanding anything in these Rules, at any stage of any application to or proceedings before the Registrar, the Registrar may direct the applicant or parties to attend a case management conference in order that the Registrar may make such order or give such direction as he thinks fit for the just, expeditious and economical disposal of the matter.

Registrar’s power to require documents, information or evidence

60B. Notwithstanding anything in these Rules, at any stage of any application to or proceedings before the Registrar, the Registrar may direct the applicant or any party to produce or file, within such period as the Registrar may specify, any document, information or evidence which the Registrar may reasonably require.

Address altered by public authority

60C.—(1) No fee need be paid for filing a request under rule 7(4) or 66(2) with the Registrar to change an address or address for service, as the case may be, if the change of the address was made by a public authority and the changed address designates the same premises as before.

(2) A request referred to in paragraph (1) shall be accompanied by the relevant documentary evidence of such change by the public authority.

Application to Court

60D. A person who makes an application to the Court under the Act shall, as soon as practicable, file a copy of the application with the Registrar.”.

Amendment of rule 67

26. Rule 67 of the principal Rules is amended by deleting paragraph (2) and substituting the following paragraph:

“(2) The application to extend the period of registration of a relevant design shall not be made —

(a)	earlier than 6 months before; or
(b)	later than 6 months after,

the date of expiry of the initial period of registration of the relevant design.”.

New rule 67A

27. The principal Rules are amended by inserting, immediately after rule 67, the following rule:

“Designs Journal

67A.—(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.”.

Amendment of First Schedule

28. Item 1 of the First Schedule to the principal Rules is amended by inserting, immediately after the word “change” in the 1st line, the words “or correct”.

Deletion and substitution of Second Schedule

29. The Second Schedule to the principal Rules is deleted and the following Schedule substituted therefor:

“SECOND SCHEDULE

Rule 4(3)

Descriptions of Forms

Form

Description of Forms

Request to change or correct the name and/or address of an applicant for registration or of a registered proprietor; or request to change an address for service

Filing of a notice of appointment or substitution of agent

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

Withdrawal of application for registration of a design under section 14 of the Act

Application to amend an application for registration of a design under section 15 of the Act/Application to correct an error in the Register under section 57 of the Act (other than an error relating to name or address of the registered owner)

Request for reinstatement of an application for registration of a design under section 16 of the Act

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

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

Application to register particulars of a transaction affecting rights in a registered design under section 34 of the Act/Filing of a notice of a transaction relating to an application for registration of a design under section 35 of the Act

D10

Application to amend particulars of a transaction registered under section 34 of the Act

D11

Application to cancel claim as mortgagee or licensee in Register

D12

Filing of a notice to surrender registration under section 26 of the Act

D13

Application for revocation of the registration of a design under section 27 of the Act

D14

Filing of a counter-statement

D15

Filing of a notice of appearance at hearing

D16

Request for an extension of time

D17

Filing of an order, a declaration or a certificate of the Court with the Registrar (other than in relation to an application to register particulars of a transaction affecting rights in a registered design under section 34 of the Act or in relation to a notice of a transaction relating to an application for registration of a design under section 35 of the Act)

D18

Application for extension of period of registration of a design registered in the United Kingdom upon expiry of initial period of registration.”.

New Fourth Schedule

30. The principal Rules are amended by inserting, immediately after the Third Schedule, the following Schedule:

“FOURTH SCHEDULE

Rule 56D(1)

Scale of Costs

Item

Matter

Amount

INSTITUTION OF PROCEEDINGS:

Drawing and filing application for revocation of registration of a design, including a statement of grounds

$300

Drawing and filing counter-statement

$300

Preparing and filing evidence for revocation proceedings

$300 — $1,600
per statutory declaration

Reviewing the reply to any document referred to in items 1, 2 and 3

$150 — $800
per document

INTERLOCUTORY PROCEEDINGS:

Preparing for all interlocutory proceedings

$50 — $500

Attending all interlocutory proceedings

$50 — $500

PREPARATION FOR AND ATTENDANCE AT HEARING:

Preparing for hearing

$500 — $2,000

Attendance at hearing

$200 — $800

General expenses and travelling of each witness required to attend the hearing

Expert:
$100 — $200 per day

Non-Expert:
$50 — $100 per day

TAXATION:

10.

Drawing bill of costs

$5 per folio

11.

Attending taxation and obtaining the Registrar’s certificate or order

$100 — $300.”.

Made this 24th day of December 2004.

LIEW HENG SAN

Permanent Secretary,
Ministry of Law,
Singapore.

[LAW 18/001/005 Vol. 2; AG/LEG/SL/266/2000/1 Vol. 2]

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