Registered Designs Act 2000 · 2020 Revised Edition · Part 3 · Rights in Registered Designs
40. Order for delivery up
Feedback & supportLast amended by an amending law of 2021. 2 amendments in all.
Where the defendant to proceedings for infringement of a registered design has in the defendant’s possession —
any infringing article in relation to that design; (b)anything predominantly used for the making of infringing articles, which the defendant knows or has reason to believe has been or is to be used to make infringing articles; or
any infringing device in relation to that design,the Court may, in addition to any relief granted under section 36, order the article, thing or infringing device to be delivered to the claimant.
An order is not to be made under this section unless the Court also makes, or it appears to the Court that there are grounds for making, an order under section 41.
A person to whom any article, thing or infringing device is delivered up pursuant to an order made under this section must, if an order under section 41 is not made, retain them pending the making of an order, or the decision not to make an order, under that section.
article
“article” means any thing that is manufactured (whether by an industrial process, by hand or otherwise), and includes —(a)any part of an article, if that part is made and sold separately; and(b)any set of articles;
In this section and section 41, an article is an “infringing article” in relation to a registered design if the design or a design not substantially different from it has been applied to the article and —
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 application of the design to the article was an infringement of the design;
the article is imported into Singapore in such a way as to infringe the design; or
the article is sold, let for hire, or offered or exposed for sale or hire in Singapore in such a way as to infringe the design.
In this section and section 41, an infringing device in relation to a registered design is a device for projecting a non‑physical product where —
the design, or a design not substantially different from that design, has been applied to the non‑physical product; and
either or both of the following apply:
the device is made in Singapore or imported into Singapore in such a way as to infringe the design;
the device is sold, let for hire, or offered or exposed for sale or hire in Singapore in such a way as to infringe the design.