Part I
Preliminary
Official textFrom Singapore Statutes Online, unchanged
reg 1Citation
These Rules may be cited as the Registered Designs Rules.
Subregulation 1
In these Rules, unless the context otherwise requires —[Deleted by S 742/2014 wef 13/11/2014][Deleted by S 742/2014 wef 13/11/2014][Deleted by S 742/2014 wef 13/11/2014]
For the purposes of this Part —
“initial period of registration”, in relation to a relevant design;
“relevant design”;
“UK Act”; and
“UK Register”,have the meanings given to these expressions in paragraph 1 of the Schedule to the Act.
Unless the context otherwise requires, the word “month”, wherever it occurs in any decision, direction or other document issued by the Registrar, means calendar month.
Any period of time fixed by these Rules or by any decision, direction or other document issued by the Registrar for the doing of any act shall be reckoned in accordance with paragraphs (5), (6) and (7).
Where the act is required to be done within a specified period from or after a specified date, the specified period begins immediately after that date.
Where the act is required to be done within or not less than a specified period before a specified date, the period ends immediately before that date.
Where the act is required to be done within a specified number of clear days before or after a specified date, at least that number of days must intervene between the day on which the act is done and that date.
“classification” means the classification of an article, a non‑physical product or a set of articles and non‑physical products to which a design is intended to be applied, or in respect of which a design is registered, in accordance with any practice directions issued by the Registrar under rule 26;
“Designs Journal” means the journal by that name published under rule 66A;
“electronic online system” means the electronic online system established under rule 58A;
“statement of novelty” means a statement made under rule 15;
“textile article” means textile or plastics piece goods, handkerchiefs, shawls or such other class of articles of a similar character as the Registrar may, from time to time, decide, for which the protection required is limited to features of pattern and ornament only.
reg 3Fees
The fees set out in the First Schedule shall be payable to the Registrar in respect of the matters set out in that Schedule.
Unless otherwise provided for in these Rules, or the Registrar permits or directs otherwise —
where a fee is specified in the First Schedule in respect of any matter, the fee shall be paid at the same time as the filing of the form corresponding to the matter; and
if the fee is not paid, the form shall not be treated as filed.
Subject to paragraph (4), a fee must be paid using the mode of payment permitted or directed by the Registrar.
Where the electronic online system is used to carry out an act referred to in rule 58A(2), the fee payable in connection with that act must, unless otherwise permitted or directed by the Registrar, be paid using the mode of payment designated by the electronic online system.
Subregulation 1
The fees set out in the First Schedule shall be payable to the Registrar in respect of the matters set out in that Schedule.
Subregulation 2
Unless otherwise provided for in these Rules, or the Registrar permits or directs otherwise —
where a fee is specified in the First Schedule in respect of any matter, the fee shall be paid at the same time as the filing of the form corresponding to the matter; and
if the fee is not paid, the form shall not be treated as filed.
Subregulation 3
Subject to paragraph (4), a fee must be paid using the mode of payment permitted or directed by the Registrar.
Subregulation 4
Where the electronic online system is used to carry out an act referred to in rule 58A(2), the fee payable in connection with that act must, unless otherwise permitted or directed by the Registrar, be paid using the mode of payment designated by the electronic online system.
reg 3AFiling of documents
The Registrar may refuse to accept or process any document filed at the Registry that fails to comply with the Act.
Every document filed at the Registry shall —
be in English; or
where the document is not in English, be accompanied by an English translation of the document.
Every document filed at the Registry must be filed in accordance with the requirements relating to its size, durability, legibility or format specified in any practice direction issued by the Registrar.
Where the Registrar refuses to accept any document that does not comply with paragraph (2) or (3), the Registrar shall give the applicant a notice stating the manner in which the document does not comply with paragraph (2) or (3), as the case may be.
Where any document filed at the Registry is a copy, the Registrar may —
decide whether to accept or process the document; and
require the original to be filed with the Registry.
The Registrar may require the filing of a hard copy of any document filed using the electronic online system.
Subregulation 1
The Registrar may refuse to accept or process any document filed at the Registry that fails to comply with the Act.
Subregulation 2
Every document filed at the Registry shall —
be in English; or
where the document is not in English, be accompanied by an English translation of the document.
Subregulation 3
Every document filed at the Registry must be filed in accordance with the requirements relating to its size, durability, legibility or format specified in any practice direction issued by the Registrar.
Subregulation 4
Where the Registrar refuses to accept any document that does not comply with paragraph (2) or (3), the Registrar shall give the applicant a notice stating the manner in which the document does not comply with paragraph (2) or (3), as the case may be.
Subregulation 5
Where any document filed at the Registry is a copy, the Registrar may —
decide whether to accept or process the document; and
require the original to be filed with the Registry.
Subregulation 6
The Registrar may require the filing of a hard copy of any document filed using the electronic online system.
reg 4Forms
The Registrar shall publish on the Office’s Internet website at http://www.ipos.gov.sg the forms to be used for any purpose relating to the registration of a design or any other proceedings before the Registrar under the Act.
The Registrar may modify any form in any particular case or class of cases.
Any reference in these Rules to a numbered form shall be construed as a reference to the current version of the form which bears the corresponding number and is described in the Second Schedule.
The matters referred to in the Act, including sections 11, 14(1), 15(1), 27(5), 28(1) and 35(2) of the Act, shall be filed with, made to or given to, the Registrar, or done in an effective and efficient manner by means which may be specified by the Registrar by the issuance of practice directions.
Subregulation 1
The Registrar shall publish on the Office’s Internet website at http://www.ipos.gov.sg the forms to be used for any purpose relating to the registration of a design or any other proceedings before the Registrar under the Act.
Subregulation 2
The Registrar may modify any form in any particular case or class of cases.
Subregulation 3
Any reference in these Rules to a numbered form shall be construed as a reference to the current version of the form which bears the corresponding number and is described in the Second Schedule.
Subregulation 4
The matters referred to in the Act, including sections 11, 14(1), 15(1), 27(5), 28(1) and 35(2) of the Act, shall be filed with, made to or given to, the Registrar, or done in an effective and efficient manner by means which may be specified by the Registrar by the issuance of practice directions.
reg 4AAPractice directions
All practice directions issued by the Registrar under the Act or these Rules shall be published by the Registrar on the Office’s Internet website at http://www.ipos.gov.sg.
reg 5Signature on documents
A document to be signed for or on behalf of a partnership shall contain the names of all the partners in full and shall be signed by —
all the partners;
any partner stating that he signs on behalf of the partnership; or
any other person who satisfies the Registrar that he is authorised to sign the document on behalf of the partnership.
A document to be signed for or on behalf of a body corporate shall be signed by a director, the secretary or other principal officer of the body corporate, or by any other person who satisfies the Registrar that he is authorised to sign the document on behalf of the body corporate.
A document to be signed by or on behalf of an unincorporated body or association of persons may be signed by any person who appears to the Registrar to be qualified to so sign.
Subregulation 1
A document to be signed for or on behalf of a partnership shall contain the names of all the partners in full and shall be signed by —
all the partners;
any partner stating that he signs on behalf of the partnership; or
any other person who satisfies the Registrar that he is authorised to sign the document on behalf of the partnership.
Subregulation 2
A document to be signed for or on behalf of a body corporate shall be signed by a director, the secretary or other principal officer of the body corporate, or by any other person who satisfies the Registrar that he is authorised to sign the document on behalf of the body corporate.
Subregulation 3
A document to be signed by or on behalf of an unincorporated body or association of persons may be signed by any person who appears to the Registrar to be qualified to so sign.
reg 6Service of documents
Where the Act or these Rules authorise or require any document to be given or sent to, filed with or served on the Registrar or the Registry, the giving, sending, filing or service must be effected on the Registrar or the Registry (as the case may be) by sending an electronic communication of the document using the electronic online system.
Where the Act or these Rules authorise or require a party to give or send a document to, or serve a document on, another party (other than the Registrar or the Registry), the giving, sending or service may be effected —
by post;
by hand;
by courier; (ca)by sending an electronic communication using the electronic online system; or
subject to paragraph (3B), by sending an electronic communication of the document by any other electronic means.
Where the Act or these Rules authorise or require any notice or other document to be given or sent to or served on any party by the Registrar or Registry, the Registrar or Registry may effect the giving, sending or service on the party —
by sending the notice or other document by post;
by sending an electronic communication of the notice or other document using the electronic online system or, subject to paragraph (3B), any other electronic means;
by hand; or
by courier.
Subject to paragraph (3B), the Registrar may, in a particular case, permit the giving, sending, filing or serving of a document in a manner other than provided by paragraph (1) or (2).
However, the use of electronic means under paragraph (2)(d), (3)(b) or (3A), other than the use of the electronic online system, must be with the consent (express or implied) of —
the party; or
the Registrar or the Registry,to whom the notice or other document is being given or sent, filed with or served by those means.
Where any notice or other document is sent by post under paragraph (2) or (3), the giving, sending or service, as the case may be, of the notice or other document shall, until the contrary is proved, be treated as having been effected at the time at which the notice or document would have been delivered in the ordinary course of post.
For the purposes of paragraphs (2) and (3), a notice or other document is sent to a party by post if the notice or other document is sent by pre-paid post to the party at his address for service referred to in rule 7 or 8.
[Deleted by S 435/2020 wef 05/06/2020]
Notwithstanding the availability of an address for service filed in accordance with rule 7, where any notice or other document is given, sent, filed or served by sending an electronic communication in the manner permitted by paragraph (2)(ca) or (d), (3)(b) or (3A), that notice or document shall be taken to have been duly given, sent to or served on the person.
Service of any notice or other document under the Act or these Rules on a person by electronic communication using the electronic online system may be effected only if the person is registered as an account holder in accordance with any practice directions issued by the Registrar under rule 58A(3).
A notice or other document sent, filed or served by means of an electronic communication (other than the electronic online system) is treated as sent, filed or served —
if the time and the day the electronic communication becomes capable of being retrieved by the person to whom the notice or document is sent, filed or served does not fall on an excluded day for the business of sending, filing or serving the notice or document — at that time and on that day; or
if that time falls on such excluded day — on the next following day that is not such excluded day.
A notice or other document that is —
transmitted to the Registrar or Registry or a party by means of the electronic online system; and
received, by the server of that system set up to receive such transmissions, at any time before midnight on any day,is treated as sent to, filed with or served on, and received by, the Registrar or Registry or the party —
if that day is not an excluded day for the business of sending to, filing with or serving on the Registrar or Registry or the party the notice or document by means of that system — at that time and on that day; or
if that day is such excluded day — on the next following day that is not such excluded day.
For the purposes of paragraph (7B), the notice or other document is treated as sent to, filed with or served on, and received by, the Registrar or Registry or the party if and only if the last byte of the transmission containing the notice or other document is received by the server mentioned in that paragraph.
Any person who sends, files or serves a notice or other document by means of the electronic online system may produce a record of transmission issued through that system as evidence of —
the sending, filing or service of that notice or document; and
the date and time when the sending, filing or service took place.
This rule shall not apply to notices and documents to be served in proceedings in court.
Subregulation 1
Where the Act or these Rules authorise or require any document to be given or sent to, filed with or served on the Registrar or the Registry, the giving, sending, filing or service must be effected on the Registrar or the Registry (as the case may be) by sending an electronic communication of the document using the electronic online system.
Subregulation 2
Where the Act or these Rules authorise or require a party to give or send a document to, or serve a document on, another party (other than the Registrar or the Registry), the giving, sending or service may be effected —
by post;
by hand;
by courier; (ca)by sending an electronic communication using the electronic online system; or
subject to paragraph (3B), by sending an electronic communication of the document by any other electronic means.
Subregulation 3
Where the Act or these Rules authorise or require any notice or other document to be given or sent to or served on any party by the Registrar or Registry, the Registrar or Registry may effect the giving, sending or service on the party —
by sending the notice or other document by post;
by sending an electronic communication of the notice or other document using the electronic online system or, subject to paragraph (3B), any other electronic means;
by hand; or
by courier.
Subregulation 3A
Subject to paragraph (3B), the Registrar may, in a particular case, permit the giving, sending, filing or serving of a document in a manner other than provided by paragraph (1) or (2).
Subregulation 3B
However, the use of electronic means under paragraph (2)(d), (3)(b) or (3A), other than the use of the electronic online system, must be with the consent (express or implied) of —
the party; or
the Registrar or the Registry,to whom the notice or other document is being given or sent, filed with or served by those means.
Subregulation 4
Where any notice or other document is sent by post under paragraph (2) or (3), the giving, sending or service, as the case may be, of the notice or other document shall, until the contrary is proved, be treated as having been effected at the time at which the notice or document would have been delivered in the ordinary course of post.
Subregulation 5
For the purposes of paragraphs (2) and (3), a notice or other document is sent to a party by post if the notice or other document is sent by pre-paid post to the party at his address for service referred to in rule 7 or 8.
Subregulation 6
[Deleted by S 435/2020 wef 05/06/2020]
Subregulation 6A
Notwithstanding the availability of an address for service filed in accordance with rule 7, where any notice or other document is given, sent, filed or served by sending an electronic communication in the manner permitted by paragraph (2)(ca) or (d), (3)(b) or (3A), that notice or document shall be taken to have been duly given, sent to or served on the person.
Subregulation 7
Service of any notice or other document under the Act or these Rules on a person by electronic communication using the electronic online system may be effected only if the person is registered as an account holder in accordance with any practice directions issued by the Registrar under rule 58A(3).
Subregulation 7A
A notice or other document sent, filed or served by means of an electronic communication (other than the electronic online system) is treated as sent, filed or served —
if the time and the day the electronic communication becomes capable of being retrieved by the person to whom the notice or document is sent, filed or served does not fall on an excluded day for the business of sending, filing or serving the notice or document — at that time and on that day; or
if that time falls on such excluded day — on the next following day that is not such excluded day.
Subregulation 7B
A notice or other document that is —
transmitted to the Registrar or Registry or a party by means of the electronic online system; and
received, by the server of that system set up to receive such transmissions, at any time before midnight on any day,is treated as sent to, filed with or served on, and received by, the Registrar or Registry or the party —
if that day is not an excluded day for the business of sending to, filing with or serving on the Registrar or Registry or the party the notice or document by means of that system — at that time and on that day; or
if that day is such excluded day — on the next following day that is not such excluded day.
Subregulation 7C
For the purposes of paragraph (7B), the notice or other document is treated as sent to, filed with or served on, and received by, the Registrar or Registry or the party if and only if the last byte of the transmission containing the notice or other document is received by the server mentioned in that paragraph.
Subregulation 7D
Any person who sends, files or serves a notice or other document by means of the electronic online system may produce a record of transmission issued through that system as evidence of —
the sending, filing or service of that notice or document; and
the date and time when the sending, filing or service took place.
Subregulation 8
This rule shall not apply to notices and documents to be served in proceedings in court.
Part V
Registrable Transactions and Disclaimers After Registration
Part X