PART II | Division 1 — Registrability of Designs |
| Designs excluded from registration |
9. The Registrar shall refuse to register a design intended to be applied to any of the following articles:| (a) | works of sculpture (other than casts or models used or intended to be used as models or patterns to be multiplied by any industrial process); | | (b) | wall plaques, medals and medallions; | | (c) | printed matter primarily of a literary or artistic character, including book jackets, calendars, certificates, coupons, dress-making patterns, greeting cards, labels, leaflets, maps, plans, playing cards, postcards, stamps, trade advertisements, trade forms and cards, transfers and similar articles. |
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| Registration of design consisting of arms, etc. |
10.—(1) Where a representation of the name, initials, armorial bearings, insignia, orders of chivalry, decorations, flags or devices of any state, settlement, city, borough, town, place, society, body corporate, government body, statutory board, institution or person appears on a design which is the subject of an application for registration, the Registrar may, before proceeding to register the design, require the applicant to furnish the Registrar with the consent to the registration and use of the matter in question of such official or other person as appears to the Registrar to be entitled to give consent.| (2) The Registrar shall refuse to register the design if no such consent is furnished within the time specified by the Registrar. |
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| Persons living or recently dead |
11.—(1) Where the name or representation of any person appears on a design which is the subject of an application for registration, the Registrar may, before proceeding to register the design, require the applicant to furnish the Registrar with the consent of the person or, in the case of a person recently dead, of his legal representatives.| (2) Where such consent is not furnished within the time specified by the Registrar and the applicant fails to satisfy the Registrar that it is impossible or impracticable in the circumstances of the case to obtain the consent, the Registrar shall refuse to register the design. |
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| Industrial application of designs |
12.—(1) For the purposes of section 9 of the Act, a design is applied industrially if —| (a) | more than 50 reproductions in 3 dimensions are made of it for the purposes of sale or hire; | | (b) | it is reproduced in 3 dimensions in one or more articles manufactured in lengths for the purposes of sale or hire; or | | (c) | it is reproduced as a plate which has been used to produce —| (i) | more than 50 reproductions of an object in 3 dimensions for the purposes of sale or hire; or | | (ii) | one or more articles in 3 dimensions for the purposes of sale or hire. |
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| (2) For the purposes of paragraph (1), 2 or more reproductions in 3 dimensions which are of the same general character and intended for use together are a single reproduction. |
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| Division 2 — Application for Registration |
| Application for registration of design |
| 13. An application for the registration of a design under section 11 of the Act shall be made in Form D3 (referred to in this Division as the application form). |
| Representations of design |
14.—(1) An application for the registration of a design shall be accompanied by 3 identical sets of representations of the design.(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. [S 778/2004 wef 01/01/2005] |
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| (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. [S 778/2004 wef 01/01/2005] |
| (3) Where the application is made for the registration of a design intended to be applied to a set of articles, the representation shall show the design as applied to each different article in the set. |
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15.—(1) A statement describing the features of the design which the applicant considers to be new shall appear on the application form.| (2) Paragraph (1) shall not apply in the case of an application for registration of the pattern or ornament of a design to be applied to a textile article, wallpaper or similar wall covering, lace or sets of textile articles or lace. |
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| Prescribed case under section 5 (3) of Act |
| 16. The Registrar may exercise his power under section 5(3) of the Act in a case where a request under section 15 of the Act for amendment of an application for registration of a design has been approved and, in the opinion of the Registrar, the amendment has the effect of significantly altering the design for which the application was initially filed. |
| Statement relating to confidential disclosure |
17.—(1) If the applicant claims that section 8 of the Act applies in relation to his application, he shall include in the application form a statement to that effect.(2) The statement shall —| (a) | identify the provision of section 8 of the Act that applies in relation to the application; | | (b) | describe the circumstances under which the disclosure of the design was made, including the relevant date; and | | (c) | if the applicant claims that section 8(2) of the Act applies in relation to the application, the name and opening date of the exhibition, the place it is held, and the date of the first disclosure of the design. |
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| (3) The applicant may file additional information or documents in support of his claim. |
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| Statement relating to previous registration of design in respect of other articles, etc. |
18.—(1) If the applicant claims that section 10 of the Act applies in relation to his application, he shall include in the application form a statement to that effect.| (2) The statement shall include such details of the previous registration or, as the case may be, the previous application for registration of the design as the Registrar may require. |
| (3) The applicant may file additional information or documents in support of his claim. |
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19.—(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. |
[S 778/2004 wef 01/01/2005] (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, |
| | (b) | the date on which —| (i) | the priority application; or | | (ii) | where there is more than one priority application, each priority application, |
| | (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. [S 778/2004 wef 01/01/2005] |
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(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. [S 778/2004 wef 01/01/2005] |
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| (3) Where the certificate referred to in paragraph (2A) is not in the English language, there shall be annexed to the certificate a translation in English of the contents of the certificate, certified or verified to the satisfaction of the Registrar. |
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20.—(1) An application for registration of a 2-dimensional design intended to be applied to a textile article may be accompanied by a sample of the article.| (2) The sample of the article shall not exceed such size or weight as the Registrar may specify. |
| (3) The Registrar may, in his discretion, refuse the acceptance of any sample of article. |
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| 21. Unless the Registrar otherwise requires, no specimen shall be filed. |
22. Two or more designs may be the subject of the same application for registration if the designs relate to —| (a) | the same class and subclass of articles as classified in accordance with the Third Schedule; or | | (b) | the same set of articles. |
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| Withdrawal of application |
| 23. A notice of withdrawal of an application for registration of a design referred to in section 14 of the Act shall be in Form D4. |
24. A requestSubject to paragraph (2), a request under section 15 of the Act to amend an application for registration of a design shall be made in Form D5.| (1) Subject to paragraph (2), a request under section 15 of the Act to amend an application for registration of a design shall be made in Form D5. [S 778/2004 wef 01/01/2005] |
| (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. [S 778/2004 wef 01/01/2005] |
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| Reinstatement of application |
| 25. A notice requesting reinstatement of an application for registration of a design referred to in section 16 of the Act shall be in Form D6. |
| Division 3 — Miscellaneous |
| 26. For the purposes of the registration of designs, articles shall be classified in accordance with the Third Schedule. |
27. The requirements under rules 10, 11, 13, 14, 15, 17, 18 and 19 shall be formal requirements for the purposes of sections 16, 17 and 18 of the Act.| (1) The requirements under rules 10, 11, 13, 14, 15, 17, 18 and 19 shall be formal requirements for the purposes of sections 16, 17 and 18 of the Act. [S 778/2004 wef 01/01/2005] |
| (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. [S 778/2004 wef 01/01/2005] |
(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. |
[S 778/2004 wef 01/01/2005] |
| (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. [S 778/2004 wef 01/01/2005] |
| (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. [S 778/2004 wef 01/01/2005] |
| (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. [S 778/2004 wef 01/01/2005] |
| (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. [S 778/2004 wef 01/01/2005] |
(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. [S 778/2004 wef 01/01/2005] |
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| (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. [S 778/2004 wef 01/01/2005] |
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| Publication of notice of registration |
28. The notice of registration of a design to be published in the Designs Journal under section 18(d) of the Act shall contain the following particulars:| (a) | the date of registration; | | (b) | the priority date, if any, accorded pursuant to a claim to a right to priority under section 12 or 13 of the Act and the name of the country or territory concerned; | | (c) | the name, address and address for service of the registered owner; | | (d) | the article in respect of which the design is registered, including its classification number as set out in the Third Schedule; | | (e) | the registration number; and | | (f) | a representation of the design. |
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| Designs relevant for defence purposes |
| 29. Where the Registrar gives a direction under section 29(1) of the Act in respect of any application for registration of a design, the representation of the design and any evidence filed in support of the application shall not be open to public inspection in the Registry during the continuance in force of the direction. |
| Information and inspection of documents |
30.—(1) A request under section 28 of the Act for information, or for permission to inspect any document, relating to a registered design shall be accompanied by the applicable fee set out in the First Schedule.| (2) Subject to sections 28 and 29 of the Act and paragraphs (3) and (4), the Registrar shall permit the inspection of such document as may be specified in the request. |
(3) The person making a request to inspect any document must file such evidence as the Registrar considers sufficient to prove that —| (a) | the owner consents to the inspection; or | | (b) | section 28 of the Act applies in respect of the request. |
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(4) The Registrar may refuse a request to inspect any of the following documents:| (a) | any document prepared by the Registrar solely for use by the Registrar and officers of the Registry; | | (b) | any document given to or filed with the Registrar, whether at his request or otherwise, for inspection and subsequent return to the sender; | | (c) | a copy of any request referred to in paragraph (1); | | (d) | any document issued or given by the Registrar which the Registrar considers should be treated as confidential; | | (e) | any document the contents of which, in the Registrar’s opinion, disparages any person in a way likely to damage him; | | (f) | any document given or sent to or filed with the Registrar before 13th November 2000. |
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