PART I | 1. These Rules may be cited as the Registered Designs Rules. |
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. |
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| (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. |
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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. |
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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. |
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(3) Every document filed at the Registry shall —| (a) | be filed using durable paper; and | | (b) | be in writing that is legible and permanent. |
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| (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. |
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| (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] |
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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] |
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(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. [S 778/2004 wef 01/01/2005] |
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| 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. [S 778/2004 wef 01/01/2005] [S 556/2005 wef 01/09/2005] |
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. |
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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. |
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| (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. |
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| (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] |
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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. |
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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. |
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