Registered Designs Act 2000 · 2020 Revised Edition · Part 6 · Offences
66. False representation that design is registered
Feedback & supportLast amended by an amending law of 2022. 2 amendments in all.
Any person who falsely represents that a design applied to any article, non‑physical product or set of articles and non‑physical products disposed of by the person for value is registered in respect of that article, non‑physical product or set of articles and non‑physical products shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
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;
For the purposes of subsection (1) —
a person is deemed to represent that a design applied to any article is registered in respect of that article, if there is stamped, engraved or impressed on or otherwise applied to the article anything expressing or implying that the design applied to the article has been registered in respect of that article; (b)a person is deemed to represent that a design applied to any non‑physical product is registered in respect of that non‑physical product, if —
there is applied to the non‑physical product anything expressing or implying that the design applied to the non‑physical product has been registered in respect of that non‑physical product; or
there is stamped, engraved or impressed on or otherwise applied to a device for projecting the non‑physical product anything expressing or implying that the design applied to the non‑physical product has been registered in respect of that non‑physical product; and
a person is deemed to represent that a design applied to a set of articles and non-physical products is registered in respect of that set, if there is stamped, engraved or impressed on or otherwise applied to that set or any part of that set (including a device for projecting a non-physical product that is part of that set) anything expressing or implying that the design applied to the set has been registered in respect of that set.
A person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both, if the person, after the right in a registered design has expired —
marks any article to which the design has been applied with anything implying that there is a subsisting right in the design under this Act, or causes any such article to be so marked;
applies, or causes to be applied, to a non‑physical product to which the design has been applied, anything implying that there is a subsisting right in the design under this Act; or
marks any device for projecting a non‑physical product (being a non‑physical product to which the design has been applied) with anything implying that there is a subsisting right in the design under this Act, or causes any such device to be so marked.