Singapore legislation
Clause 45
Clause 45
Government use of registered designs
(1)
Notwithstanding any of the provisions of this Act, the Government and any person authorised in writing by the Government may use any registered design for the services of the Government in accordance with section 46.
(2)
The authority of the Government under subsection (1) may be —
given either before or after the registration of the design;
given either before or after the acts in respect of which the authority is given are done; and
given to any person whether or not he is authorised, directly or indirectly, by the registered owner to use the design.
(3)
Without prejudice to the generality of subsection (1), any use of the design for —
the supply to the government of any country or territory outside Singapore, in pursuance of any agreement or arrangement between the Government and the government of that country, of articles required —
for the defence of that country; or
for the defence of any other country whose government is party to any agreement or arrangement with the Government in respect of defence matters; or
the supply to the United Nations, or to the government of any country belonging to that organisation, of articles required for any armed forces operating in pursuance of a resolution of that organisation or any organ of that organisation,shall be deemed to be a use of the design for the services of the Government; and the power of the Government or a person authorised by the Government to use the design shall include power —
to sell the articles to the government or to that organisation in pursuance of the agreement or arrangement; and
to sell to any person any articles made in the exercise of the powers conferred by this section which are no longer required for the purpose for which they were made.
(4)
Without prejudice to the generality of subsection (1), any use of a design to make an article, or any use of an article, for any purpose which appears to the Government necessary or expedient —
to avoid prejudice to the security or defence of Singapore;
to assist in the exercise of powers and the implementation of civil defence measures during a state of emergency or state of civil defence emergency under the Civil Defence Act (Cap. 42); or
for public non-commercial use,shall be deemed to be a use of the design for the services of the Government.
(5)
The purchaser of any articles sold in the exercise of powers conferred by subsection (1), and any person claiming through him, shall have the power to deal with the articles as if the rights in the registered design were held on behalf of the Government.
(6)
Notwithstanding any provision in any other written law, the reproduction or publication of any model or document in connection with any use of a design made by virtue of subsection (1) shall be deemed not to constitute an infringement of any copyright subsisting in the document by virtue of the Copyright Act (Cap. 63) or any right subsisting in a layout-design by virtue of the Layout-Designs of Integrated Circuits Act 1999 (Act 3 of 1999).