Singapore legislation
Clause 28
Clause 28
Related amendments to Copyright Act
(1)
Section 7(1) of the Copyright Act (Cap. 63) is amended by inserting, immediately after the definition of “minimum royalty”, the following definition:“ “non‑physical product” has the same meaning as in section 2(1) of the Registered Designs Act (Cap. 266);”.
(2)
Section 70 of the Copyright Act is amended by deleting subsection (1) and substituting the following subsection:“(1) Despite section 69, the making of any useful article in 3 dimensions (including a reproduction in 2 dimensions reasonably required for the making of the article), or of any non‑physical product, does not infringe the copyright in an artistic work if, when the useful article, reproduction or non‑physical product is made, the artistic work has been applied industrially in Singapore or in any other country at any time before the useful article, reproduction or non‑physical product is made.”.
(3)
Section 73 of the Copyright Act is amended —
by inserting, immediately after the words “an article” in subsection (1), the words “or a non‑physical product”;
by deleting the words “and articles” in subsection (2)(b) and substituting the words “, articles and non‑physical products”;
by inserting, immediately after the words “all the articles” in subsection (2)(b)(ii), the words “and non‑physical products”; and
by inserting, immediately after subsection (2), the following subsection:“(3) In this Division, unless the context otherwise requires, a device for projecting a non‑physical product —
is any device that when activated projects the non‑physical product on a surface or into a medium (including air); and
includes any product or component that is used in or with a device mentioned in paragraph (a) to project the non‑physical product on a surface or into a medium (including air).”.
(4)
Section 74 of the Copyright Act is amended —
by inserting, immediately after the words “Registered Designs Act” in subsection (1), the words “(Cap. 266)”;
by deleting the words “and articles” in subsection (1)(b) and substituting the words “, articles and non‑physical products”;
by deleting subsection (2) and substituting the following subsection:“(2) Subsections (3), (4), (5) and (6) apply where —
copyright subsists in an artistic work;
a corresponding design is applied industrially, whether in Singapore or elsewhere, by or with the licence of the owner of the copyright in the work;
articles or non‑physical products to which the corresponding design has been so applied, or devices for projecting those non‑physical products, are sold, let for hire, or offered or exposed for sale or hire, whether in Singapore or elsewhere; and
at the time when those articles, non‑physical products or devices are sold, let for hire, or offered or exposed for sale or hire, those articles or non‑physical products are not articles or non‑physical products in respect of which the corresponding design has been registered, or is deemed to be registered, under the Registered Designs Act.”;
by inserting, immediately after the words “all relevant articles” in subsection (3)(a), the words “and non‑physical products”;
by deleting the words “and articles” in subsection (3)(b) and substituting the words “, articles and non‑physical products”;
by deleting the words “articles, such as are mentioned in subsection (2)(b),” in subsection (4) and substituting the words “articles, non‑physical products or devices for projecting those non‑physical products, such as are mentioned in subsection (2)(c),”;
by inserting, immediately after the words “any articles” in subsection (5), the words “, non‑physical products or devices for projecting those non‑physical products,”;
by inserting, immediately after the words “designs for articles” in subsection (5), the words “or non‑physical products”; and
by inserting, immediately after the word “articles” in subsection (6)(a)(i), the words “or non‑physical products”.