Singapore legislation
Section 9
Section 9
Provisions as to artistic works
(1)
Subject to subsection (2), where an application is filed by or with the consent of the owner of copyright in an artistic work for the registration of a corresponding design, the design is not to be treated for the purposes of this Act as being other than new by reason only of any use previously made of the artistic work.
(2)
Subsection (1) does not apply if —
the previous use consisted of or included the sale, letting for hire, or offer or exposure for sale or hire, of —
articles or non‑physical products to which had been applied —
the design in question; or
a design differing from the design in question only in immaterial details or in features that are variants commonly used in the trade (called in this subsection an immaterial variant); or
devices for projecting any non‑physical products mentioned in sub‑paragraph (i);
the design in question or an immaterial variant had been applied industrially in relation to those articles, non‑physical products or devices; and
the previous use was made by or with the consent of the copyright owner.
(3)
The Minister may make rules to provide for the circumstances in which a design is to be regarded as having been applied industrially, in relation to articles, non‑physical products or devices for projecting non‑physical products, for the purposes of this section.