PART I | 1. These Rules may be cited as the Registered Designs Rules. |
2.—(1) In these Rules, unless the context otherwise requires —| [Deleted by S 742/2014 wef 13/11/2014] |
| [Deleted by S 742/2014 wef 13/11/2014] |
| “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] |
| [Deleted by S 742/2014 wef 13/11/2014] |
| “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) Unless otherwise provided for in these Rules, or the Registrar permits or directs otherwise —| (a) | where a fee is specified in the First Schedule in respect of any matter, the fee shall be paid at the same time as the filing of the form corresponding to the matter; and | | (b) | if the fee is not paid, the form shall not be treated as filed. [S 742/2014 wef 13/11/2014] |
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| (3) Unless the Registrar permits or directs otherwise, the payment of a fee in connection with an act referred to in rule 58A(2)(a) shall be made using any mode of payment designated by the electronic online system, if the act is carried out using that system. [S 742/2014 wef 13/11/2014] |
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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. [S 556/2005 wef 01/09/2005] (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 on the Office’s Internet website at http://www.ipos.gov.sg 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. | [S 742/2014 wef 13/11/2014] |
(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 which bears the corresponding number and is described in the Second Schedule. [S 742/2014 wef 13/11/2014] |
| (4) The matters referred to in the Act, including sections 11, 14(1), 15(1), 27(5), 28(1) and 35(2) of the Act, shall be filed with, made to or given to, the Registrar, or done in an effective and efficient manner by means which may be specified by the Registrar by the issuance of practice directions. [S 742/2014 wef 13/11/2014] |
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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] |
| 4AA. All practice directions issued by the Registrar under the Act or these Rules shall be published by the Registrar on the Office’s Internet website at http://www.ipos.gov.sg. [S 742/2014 wef 13/11/2014] |
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 or these Rules authorise or require 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; | | (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; | | (c) | by sending an electronic communication of the document using the electronic online system; or | | (d) | by hand. [S 742/2014 wef 13/11/2014] |
| (2) Where the Act or these Rules authorise or require 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. [S 742/2014 wef 13/11/2014] |
(3) Where the Act or these Rules authorise or require 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; | | (b) | by sending the notice or other document by facsimile transmission; or | | (c) | by sending an electronic communication of the notice or other document using the electronic online system. [S 742/2014 wef 13/11/2014] |
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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 notice or document would have been delivered in the ordinary course of post. [S 742/2014 wef 13/11/2014] |
| (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 or 8. [S 742/2014 wef 13/11/2014] |
(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; and [S 742/2014 wef 13/11/2014] | | (b) | the burden of proving the legibility and completeness of the document lies with the person who has attempted to send the document. [S 742/2014 wef 13/11/2014] | | (c) | [Deleted by S 742/2014 wef 13/11/2014] | | (d) | [Deleted by S 742/2014 wef 13/11/2014] |
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| (6A) Notwithstanding the availability of an address for service filed in accordance with rule 7, where any notice or other document to be given, sent or served by the Registrar or Registry is sent to a person by electronic communication using the electronic online system under paragraph (3)(c), that notice or document shall be taken to have been duly given, sent to or served on the person. [S 742/2014 wef 13/11/2014] |
| (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] |
| (8) This rule shall not apply to notices and documents to be served in proceedings in court. [S 742/2014 wef 13/11/2014] |
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7.—(1) For the purposes of any proceedings before the Registrar, an address for service in Singapore shall be filed in accordance with paragraph (2) or (5) by or on behalf of —| (a) | every applicant for the registration of a design; | | (b) | every person applying to the Registrar under section 27 of the Act for the revocation of the registration of a design; | | (c) | every person granted leave to intervene under rule 49C; | | (d) | every owner of a registered design which is the subject of an application to the Registrar for the revocation of the registration of the design; and | | (e) | every other party to any proceedings before the Registrar. |
| (2) Where the application for a matter requires an address for service in Singapore to be furnished, the address for service in Singapore shall be furnished on the form filed for the matter. |
| (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) Notwithstanding paragraph (3) —| (a) | where an applicant for the registration of a grant of a licence, the amendment of a licence or the termination of a licence furnishes an address for service in Form CM6 in relation to that licence, the address for service shall be effective for the purposes of all proceedings in respect of that licence; | | (b) | where an applicant for the registration of a grant of any security interest, the amendment of any security interest or the termination of any security interest furnishes an address for service in Form CM7 in relation to that security interest, the address for service shall be effective for the purposes of all proceedings in respect of that security interest; | | (c) | where an applicant for the registration of a change in the ownership of a registered design furnishes an address for service in Form CM8, the address for service may, at the option of the applicant, be effective —| (i) | for the purposes of all proceedings in respect of the design, including the application for the registration of the design; or | | (ii) | only for the purposes of the registration of the change in the ownership of the registered design, in which case the applicant must furnish another address for service for all other proceedings in respect of the design, including the application for the registration of the design, on a separate Form CM8; |
| | (d) | where an applicant for the registration of a design furnishes an address for service in Form D3, the address for service shall be effective for the purposes of all proceedings in respect of the design in relation to which that form is filed; | | (e) | where a registered owner who files a counter‑statement under rule 41 furnishes an address for service in Form HC6, the address for service shall be effective for the purposes of the proceedings in relation to which that form is filed and any related proceedings under Part VIIA; | | (f) | where an applicant for the revocation of the registration of a design furnishes an address for service in Form D13, the address for service shall be effective for the purposes of the proceedings in relation to which that form is filed and any related proceedings under Part VIIA; | | (g) | where an applicant for any of the following, furnishes an address for service in Form D8, the address for service shall be effective for the purposes of the proceedings in relation to which that form is filed:| (i) | an application for an extension of the period of registration of a design under section 21 of, or paragraph 3(6) of the Schedule to, the Act; | | (ii) | an application for the restoration of the registration of a design which was removed from the Register; |
| | (h) | subject to sub‑paragraph (e), the address for service of an applicant for the registration of a design shall, upon the registration of the design, be the address for service of that party as the owner of the design, unless —| (i) | the Registrar is notified of a change in the address for service in accordance with paragraph (7); or | | (ii) | the Registrar is notified of an assignment of a registered design or any right in it referred to in rule 37(1)(b), in accordance with rule 37; |
| | (i) | where a person referred to in paragraph (1)(c) furnishes an address for service in Form CM1, the address for service shall be effective for the purposes of an application under rule 49C for leave to intervene in relation to which that form is filed and any related proceedings under Part VIIA; | | (j) | where a party referred to in paragraph (1)(e) furnishes an address for service in Form CM1, the address for service shall be effective for the purposes of any proceedings before the Registrar in relation to which that form is filed and any related proceedings under Part VIIA; and | | (k) | the Registrar may treat the trade or business address in Singapore of a person as his address for service, unless a different address for service is provided under paragraph (1) or (7). |
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| (5) In a case where paragraphs (2) and (4) do not apply, the address for service shall be filed in Form CM2. |
(6) Where an address for service is not filed as required by paragraph (1), the Registrar may send to the person concerned notice to file an address for service within 2 months after the date of the notice, and if that person fails to do so —| (a) | in the case of an applicant or person referred to in paragraph (1)(a) or (b), the application made by the applicant or person shall be treated as withdrawn; | | (b) | in the case of a person referred to in paragraph (1)(c), the person shall be treated as having withdrawn the person’s intervention; | | (c) | in the case of the owner of a registered design referred to in paragraph (1)(d), the owner shall not be permitted to take part in any proceedings relating to the application for the revocation of the registration of the design; and | | (d) | in the case of a party referred to in paragraph (1)(e), the party shall not be permitted to take part in the proceedings in question. |
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| (7) Where a person referred to in paragraph (1) has changed his address for service in Singapore, he shall notify the Registrar of such change in Form CM2. |
| (8) Anything sent to or served on a person at his address for service shall be taken to have been duly sent to or served on the person. [S 742/2014 wef 13/11/2014] |
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| 8.—(1) The Registrar may, in dealing with any matter under the Act or these Rules 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. [S 742/2014 wef 13/11/2014] | (2) The Registrar may, by notice in writing sent to an agent, require the agent to produce evidence of his authority. |
| (3) Where an agent has been appointed by a person for any application or proceedings, the agent’s address for service in Singapore shall be treated as the address for service of that person. [S 742/2014 wef 13/11/2014] |
| (4) The appointment of an agent for a matter shall be notified to the Registrar in the form for that matter. [S 742/2014 wef 13/11/2014] |
(5) The following shall be notified to the Registrar in Form CM1:| (a) | any appointment of an agent for a matter for which no form is prescribed; | | (b) | any change of an agent for a matter. [S 742/2014 wef 13/11/2014] |
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| (6) Where an agent who has changed his name desires to change his name appearing on the Register, the agent shall apply for the name appearing on the Register to be changed by filing Form CM2 with the Registrar. [S 742/2014 wef 13/11/2014] |
(7) Where an agent for a party to any proceedings intends to cease to act on the party’s behalf —| (a) | the agent shall file, and serve on the party and on the Registrar, a notice in Form CM1 of the intention to cease to act on the party’s behalf; and | | (b) | upon complying with sub‑paragraph (a), the agent shall cease to be the agent for the party. [S 742/2014 wef 13/11/2014] |
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