Singapore legislation

Section 30

of Registered Designs Act 2000

Section 30

Rights conferred by registration

Amended by29/201729/201729/2017

(1)

The registration of a design under this Act gives to the registered owner the following exclusive rights:

(a)

to make in Singapore, or import into Singapore, for sale or hire, or for use for the purpose of trade or business —

(i)

any article in respect of which the design is registered and to which that design, or a design not substantially different from that design, has been applied; or

(ii)

any device for projecting a non‑physical product (being a non‑physical product in respect of which the design is registered and to which that design, or a design not substantially different from that design, has been applied);

(b)

to sell, hire, or offer or expose for sale or hire, in Singapore —

(i)

any article or non‑physical product in respect of which the design is registered and to which that design, or a design not substantially different from that design, has been applied; or

(ii)

any device for projecting a non‑physical product mentioned in sub‑paragraph (i).

Amended by29/2017

(2)

For the purposes of this Act, the right in a registered design is infringed by any person who, without the consent of the registered owner and while the registration is in force —

(a)

does anything which by virtue of subsection (1) is the exclusive right of the registered owner;

(b)

makes anything for enabling any article referred to in subsection (1) to be made in Singapore or elsewhere;

(c)

does anything in relation to a kit that would constitute an infringement of the design if it had been done in relation to the assembled article; or

(d)

makes anything for enabling a kit to be made or assembled, in Singapore or elsewhere, if the assembled article would be an article referred to in subsection (1).

(3)

In subsection (2), “kit” means a complete or substantially complete set of components intended to be assembled into an article.

(4)

In the application of subsection (2) to a registered design of which there is more than one registered owner, the reference to the registered owner is to be construed —

(a)

in relation to any act, as a reference to the registered owner or those registered owners who is or are entitled to do that act by virtue of section 33 or any agreement; and

(b)

in relation to any consent, as a reference to the registered owner or those registered owners who is or are the proper person or persons to give the consent by virtue of section 33 or any agreement.

(5)

For the purposes of this Act, the right in a registered design is not infringed by —

(a)

the doing of any act for a private non-commercial purpose; or

(b)

the doing of any act for the purpose of evaluation, analysis, research or teaching.

(6)

The right in a registered design is not infringed by the reproduction of a feature of the design which, by virtue of paragraph (b) or (c) of the definition of “design” in section 2(1), is left out of account in determining whether the design is registrable.

Amended by29/2017

(7)

The right in a registered design is not infringed by —

(a)

the import, sale, hire, or offer or exposure for sale or hire of —

(i)

any article to which the design has been applied, if the article has been placed on the market, whether in Singapore or elsewhere, by or with the consent (conditional or otherwise) of the registered owner; or

(ii)

any device for projecting a non‑physical product (being a non‑physical product to which the design has been applied), if the device has been placed on the market, whether in Singapore or elsewhere, by or with the consent (conditional or otherwise) of the registered owner; or

(b)

the sale, hire, or offer or exposure for sale or hire of any non‑physical product to which the design has been applied, if the non‑physical product has been placed on the market, whether in Singapore or elsewhere, by or with the consent (conditional or otherwise) of the registered owner.

Amended by29/2017