Registered Designs Act 2000 · 2020 Revised Edition · Part 2 · Registration of Designs
21. Initial period of registration and extension
Feedback & supportLast amended by an amending law of 2022. 2 amendments in all.
The initial period of registration of a design is 5 years from the date of registration of the design.
design
“design” means features of shape, configuration, colours, pattern or ornament applied to any article or non‑physical product that give that article or non‑physical product its appearance, but does not include —(a)a method or principle of construction;(b)features of shape, configuration or colours of an article or a non‑physical product that —(i)are dictated solely by the function that the article or non‑physical product has to perform;(ii)are dependent upon the appearance of another article or non‑physical product of which the article or non‑physical product is intended by the designer to form an integral part; or(iii)enable the article or non‑physical product to be connected to, or placed in, around or against, another article or non‑physical product, so that either article or non‑physical product may perform its function; or(c)features consisting only of one or more colours that —(i)are not used with any feature of shape or configuration; and(ii)do not give rise to any feature of pattern or ornament;
The period of registration of a design may be extended for a second and third period of 5 years, by applying to the Registrar for an extension, and paying the prescribed extension fee, not earlier than the prescribed period before the date of expiry of the current period of registration, and not later than the date of expiry of the current period of registration.
Registrar
“Registrar” means the Registrar of Designs referred to in section 49 and includes any Deputy Registrar of Designs referred to in that section;
The Minister may make rules for the Registrar to inform the registered owner of a design, before the expiry of the current period of registration, of the imminent expiry of the registration and the manner in which it may be extended.
registered owner
“registered owner”, in relation to a registered design, means the person whose name is for the time being entered in the Register as the owner of the design or, if there are 2 or more such persons, each of those persons;
If the application and payment are not made before the expiry of the current period of registration, the registration of the design ceases to be in force upon the expiry of that period and must be removed from the Register.
If, during the prescribed period after the date of expiry of the current period of registration, an application for extension is made and the extension fee and any prescribed late fee are paid, the registration of the design is to be treated as if it had never ceased to be in force, and accordingly —
anything done under or in relation to any rights in the design by or with the consent of the owner during that period is to be treated as valid;
an act which would have constituted an infringement of the design if the registration had not ceased to be in force is to be treated as an infringement; and
an act which would have constituted use of the design for the services of the Government under Part 4 if the registration had not ceased to be in force is to be treated as such use.
The Minister may make rules to provide for the restoration of the registration of a design which has been removed from the Register, subject to such conditions as may be prescribed.