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Singapore legislation

Regulation 52A

of Registered Designs Rules

Regulation 52A

Request for hearing

Amended byS 262/2022 wef 01/04/2022S 262/2022 wef 01/04/2022S 742/2014 wef 13/11/2014

Subregulation 1

Amended byS 262/2022 wef 01/04/2022

A request for the exercise of the discretionary power of the Registrar under rule 52 in proceedings at which only the party making the request is present, whether interlocutory or otherwise —

(a)

shall be made in Form HC4; and

(b)

shall be filed within one month after —

(i)

the date of notification by the Registrar of any objection to an application; or

(ii)

the date of any other indication that the Registrar proposes to exercise a discretionary power,and the Registrar may refuse to hear any party who has not filed the request within the time allowed.

Subregulation 2

Upon receipt of a request under paragraph (1), the Registrar shall send to the person making the request a notice of a time when the person may be heard, which shall be not less than 14 days after the date of the notice.

Subregulation 3

Amended byS 262/2022 wef 01/04/2022

A request for the exercise of the discretionary powers of the Registrar under rule 52 in interlocutory proceedings with notice shall be made to the Registrar in writing.

Subregulation 4

A person shall, at the time he makes a request under paragraph (3), serve on every other party to the proceedings a copy of the request.

Subregulation 5

Except as provided in paragraph (1) or (3), no request shall be made for the exercise of the discretionary powers of the Registrar under rule 52.

Subregulation 6

The Registrar may give such directions as he may think fit with regard to any aspect of the procedure for a hearing under this rule.

Subregulation 7

After hearing each party, the Registrar shall notify every party of the Registrar’s decision in relation to the exercise of the discretionary power.

Subregulation 8

Where any party wishes to have the Registrar’s grounds of decision in respect of a request under paragraph (1) —

(a)

the party shall, within one month after the date of the Registrar’s decision, by filing Form HC5, request the Registrar to state the Registrar’s grounds of decision; and

(b)

the Registrar shall, within 2 months after the date of the request, send the grounds of decision to the party.

Subregulation 9

The date on which the Registrar’s grounds of decision are sent to the party making the request under paragraph (8)(a) shall be deemed to be the date of the Registrar’s decision for the purpose of an appeal.

Subregulation 10

Amended byS 742/2014 wef 13/11/2014

In paragraph (9), “Registrar’s decision” means any decision referred to in section 62(1) of the Act.