Singapore legislation
Regulation 27
Regulation 27
Formal requirements
Subregulation 1
For the purposes of paragraph (b) of the definition of “formal requirements” in section 2(1) of the Act, the requirements of rules 10, 11, 13, 14, 14A, 15, 17, 18 and 19 (being rules made for the purposes of section 11 of the Act) are formal requirements.
Subregulation 1A
For the purposes of section 16 of the Act and this rule, the Registrar need not take into account any document filed by an applicant after the Registrar has started examining the applicant’s application for registration of a design.
Subregulation 2
If, in the course of an examination of an application for registration, it appears to the Registrar that the formal requirements for registration are not met, the Registrar shall give a written notice of this to the applicant.
Subregulation 3
Except in the case mentioned in paragraph (3A), the applicant must, within 3 months after the date of the written notice mentioned in paragraph (2), respond to the written notice by doing at least one of the following acts:
make representations in writing;
apply to the Registrar in Form HC4 for a hearing;
apply to correct the non-compliance.
Subregulation 3A
Where the written notice mentioned in paragraph (2) states that the application (called in this paragraph the original application) fails to comply with either or both of the formal requirements of section 11(2)(c) and (4)(a) of the Act, and the Registrar, by the written notice, invites the applicant under section 16A(1) of the Act to correct the non‑compliance by filing one or more new applications under section 11 of the Act, the following apply:
if the written notice states that the original application fails to comply with the formal requirement of section 11(2)(c) of the Act, the applicant must, within 3 months after the date of the written notice, respond to the written notice by doing at least one of the following:
make representations in writing;
apply to the Registrar in Form HC4 for a hearing;
do both of the following acts:
file one or more new applications under section 11 of the Act;
apply to correct the non‑compliance;
if the written notice states that the original application fails to comply with the formal requirement of section 11(4)(a) of the Act, the applicant must, within 3 months after the date of the written notice, respond to the written notice by doing at least one of the following:
make representations in writing;
apply to the Registrar in Form HC4 for a hearing;
do both of the following acts:
file one or more new applications under section 11 of the Act;
file a notice of withdrawal under section 14 of the Act in relation to the original application;
if the applicant wishes to respond to the written notice by filing one or more new applications under section 11 of the Act, and by doing either or both of the acts mentioned in sub‑paragraph (a)(iii)(B) and (b)(iii)(B) —
the applicant must file each new application before doing any act mentioned in sub‑paragraph (a)(iii)(B) or (b)(iii)(B); and
the applicant must file each new application, and do either or both of the acts mentioned in sub‑paragraph (a)(iii)(B) and (b)(iii)(B) (as the case may be), on the same day.
Subregulation 3B
If the applicant fails to comply with paragraph (3) or (3A) (whichever is applicable), the application is treated as withdrawn.
Subregulation 3C
If the applicant responds to the written notice in paragraph (3A) by doing one or more of the acts mentioned in paragraph (3A)(a)(i) and (iii)(B) and (b)(i), the Registrar may, after considering the applicant’s representations in writing (if any) —
give the applicant another written notice that states that the application fails to comply with either or both of the formal requirements of section 11(2)(c) and (4)(a) of the Act; and
by the written notice mentioned in sub‑paragraph (a), invite the applicant under section 16A(1) of the Act to correct the non‑compliance by filing, within 3 months after the date of that written notice, one or more new applications under section 11 of the Act.
Subregulation 3D
Paragraphs (3A), (3B) and (3C) apply with the necessary modifications to a written notice mentioned in paragraph (3C)(a) as they apply to a written notice mentioned in paragraph (2).
Subregulation 4
If the applicant wishes to have an extension of time to comply with paragraph (3) or either or both of paragraph (3A)(a) and (b), whether as applied to a written notice mentioned in paragraph (2) or as applied with the necessary modifications to a written notice mentioned in paragraph (3C)(a), he shall file with the Registrar a request for extension in Form CM5 before the expiry of the period of 3 months or any extended period previously allowed by the Registrar.
Subregulation 5
Where the applicant has applied to the Registrar in Form HC4 for a hearing, the Registrar shall give notice to the applicant of a date on which the Registrar will hear the applicant’s arguments.
Subregulation 6
For the purposes of the hearing, the applicant shall file with the Registrar his written submissions and bundle of authorities at least 14 days before the date of the hearing.
Subregulation 7
The decision of the Registrar, in respect of the representations of the applicant given either during the hearing or in writing, shall be communicated to the applicant in writing or in such other manner as the Registrar thinks fit.
Subregulation 8
Where the applicant wishes to have the Registrar’s grounds of decision —
the applicant shall, within one month after the date of the Registrar’s decision, file a request in Form HC5 for the Registrar to state the Registrar’s grounds of decision; and
the Registrar shall, within 2 months after the date of the request, send the grounds of decision to the applicant.
Subregulation 9
The date on which the Registrar’s grounds of decision are sent to the applicant shall be deemed to be the date of the Registrar’s decision for the purpose of an appeal.