In exercise of the powers conferred by sections 72 of the Registered Designs Act 2000, the Minister for Law hereby makes the following Rules:
PART I
PRELIMINARY
Citation and commencement
1. These Rules may be cited as the Registered Designs Rules 2000 and shall come into operation on 13th November 2000.
Definitions
2.—(1) In these Rules, unless the context otherwise requires —
“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.
Forms
4.—(1) The forms mentioned in these Rules are those set out in the Second Schedule.
(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.
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 or these Rules authorise or require any document to be given or sent to, filed with or served on any party, the giving, sending, filing or service may be effected by sending it by post and, if so sent, shall be deemed to be effected by properly addressing, prepaying and posting a letter containing the document and, unless the contrary is proved, shall be deemed to have been effected at the time at which the letter would be delivered in the ordinary course of post.
(2) For the purposes of paragraph (1), a letter is taken to have been properly addressed if it is addressed to the party concerned at his address for service referred to in rule 7.
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 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.
(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.