Registered Designs Act
(CHAPTER 266, Section 74)
Registered Designs Rules
R 1
G.N. No. S 504/2000

REVISED EDITION 2002
(31st January 2002)
[31st January 2002]
Citation
1.  These Rules may be cited as the Registered Designs Rules.
Definitions
2.—(1)  In these Rules, unless the context otherwise requires —
“account holder” means a person registered as an account holder by the Registrar under rule 58B;
[S 556/2005 wef 01/09/2005]
“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;
[S 556/2005 wef 01/09/2005]
“Designs Journal” means the journal by that name published under rule 66A;
[S 556/2005 wef 01/09/2005]
“electronic online system” means the electronic online system established under rule 58A;
[S 556/2005 wef 01/09/2005]
“identification name” means an identification name assigned to an account holder by the Registrar under rule 58C;
[S 556/2005 wef 01/09/2005]
“statement of novelty” means a statement made under rule 15;
“textile article” means textile or plastics piece goods, handkerchiefs, shawls or such other class of articles of a similar character as the Registrar may, from time to time, decide, for which the protection required is limited to features of pattern and ornament only.
(2)  For the purposes of this Part —
(a)“initial period of registration”, in relation to a relevant design;
(b)“relevant design”;
(c)“UK Act”; and
(d)“UK Register”,
have the meanings given to these expressions in paragraph 1 of the Schedule to the Act.
(3)  Unless the context otherwise requires, the word “month”, wherever it occurs in any decision, direction or other document issued by the Registrar, means calendar month.
(4)  Any period of time fixed by these Rules or by any decision, direction or other document issued by the Registrar for the doing of any act shall be reckoned in accordance with paragraphs (5), (6) and (7).
(5)  Where the act is required to be done within a specified period from or after a specified date, the specified period begins immediately after that date.
(6)  Where the act is required to be done within or not less than a specified period before a specified date, the period ends immediately before that date.
(7)  Where the act is required to be done within a specified number of clear days before or after a specified date, at least that number of days must intervene between the day on which the act is done and that date.
Fees
3.—(1)  The fees set out in the First Schedule shall be payable to the Registrar in respect of the matters set out in that Schedule.
(2)  The fees shall be paid by such means and in such manner as the Registrar may direct.
Filing of documents
3A.—(1)  The Registrar may refuse to accept or process any document filed at the Registry which is not filed using the electronic online system 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.
(6)  The Registrar may require the filing of a hard copy of any document filed using the electronic online system.
[S 556/2005 wef 01/09/2005]
[S 778/2004 wef 01/01/2005]
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 —
(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.
[S 556/2005 wef 01/09/2005]
(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.
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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, other than by means of the electronic online system, shall be given, sent, filed or served using A4 size paper.
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[S 556/2005 wef 01/09/2005]
Signature on documents
5.—(1)  A document to be signed for or on behalf of a partnership shall contain the names of all the partners in full and shall be signed by —
(a)all the partners;
(b)any partner stating that he signs on behalf of the partnership; or
(c)any other person who satisfies the Registrar that he is authorised to sign the document on behalf of the partnership.
(2)  A document to be signed for or on behalf of a body corporate shall be signed by a director, the secretary or other principal officer of the body corporate, or by any other person who satisfies the Registrar that he is authorised to sign the document on behalf of the body corporate.
(3)  A document to be signed by or on behalf of an unincorporated body or association of persons may be signed by any person who appears to the Registrar to be qualified to so sign.
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).
[S 556/2005 wef 01/09/2005]
Address for service
7.—(1)  An address for service in Singapore shall be filed by or on behalf of —
(a)every applicant for registration of a design; and
(b)every party to any other proceedings before the Registrar.
(2)  Where a form is required to be filed under these Rules in relation to any such proceedings, being a form which requires the furnishing of an address for service, the address for service for those proceedings shall be filed using that form.
(3)  The filing of an address for service in accordance with paragraph (2) shall be effective only for the matter for which the form is filed.
(4)  An application requesting the Registrar to change an address for service shall be made on Form D1.
(5)  Before acting on an application referred to in paragraph (4), the Registrar may require such proof of the alteration as he thinks fit.
(6)  Anything given or sent to, filed with or served on a person at his address for service shall be taken to have been duly given or sent to, filed with or served on the person.
(7)  Subject to any filing to the contrary under paragraph (1) or (4), the Registrar may —
(a)treat the address for service of an applicant for registration of a design as that of the owner upon registration of that design; and
(b)treat the trade or business address in Singapore of a person as his address for service.
Agents
8.—(1)  The Registrar may, in dealing with any matter under the Act in respect of which a person has been authorised to act as an agent on behalf of another, require the personal signature or presence of either the agent or his principal.
(2)  The Registrar may, by notice in writing sent to an agent, require the agent to produce evidence of his authority.
(3)  Where a person who has become a party to any proceedings before the Registrar appoints an agent for the first time or substitutes one agent for another, the newly appointed agent shall file with the Registrar Form D2 on or before the first occasion he acts as agent.
(4)  Any act required or authorised by the Act in connection with the registration of a design, or any procedure relating to a registered design, may not be done by or to the newly appointed agent referred to in paragraph (3) until after he has complied with that paragraph.
PART II
REGISTRATION OF DESIGNS
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.
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.
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.
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.
(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.
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.—(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;
(b)the dimensions of each view; and
(c)the number of sets of representations that shall accompany an application for the registration of a design.
[S 556/2005 wef 01/09/2005]
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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.
Statement of novelty
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.
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.
(3)  The applicant may file additional information or documents in support of his claim.
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.
Claim to priority
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.
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(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.
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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.
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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.
Samples
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.
Specimens
21.  Unless the Registrar otherwise requires, no specimen shall be filed.
Multiple applications
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.
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.
Amendment of application
24.—(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.
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(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]
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
Classification
26.  For the purposes of the registration of designs, articles shall be classified in accordance with the Third Schedule.
Formal requirements
27.—(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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]
(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]
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.
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.
(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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