Skip to content

Singapore legislation

Regulation 57

of Registered Designs Rules

Regulation 57

Request for extension of time

Amended byS 742/2014 wef 13/11/2014S 402/2022 wef 26/05/2022S 778/2004 wef 01/01/2005S 402/2022 wef 26/05/2022S 742/2014 wef 13/11/2014S 402/2022 wef 26/05/2022S 778/2004 wef 01/01/2005S 402/2022 wef 26/05/2022S 778/2004 wef 01/01/2005S 742/2014 wef 13/11/2014S 402/2022 wef 26/05/2022S 402/2022 wef 26/05/2022S 742/2014 wef 13/11/2014S 742/2014 wef 13/11/2014S 742/2014 wef 13/11/2014S 742/2014 wef 13/11/2014S 742/2014 wef 13/11/2014S 742/2014 wef 13/11/2014

Subregulation 1

Amended byS 742/2014 wef 13/11/2014

Any period of time —

(a)

prescribed by these Rules; or

(b)

specified by the Registrar for doing any act or taking any proceedings,may, at the request of the person or party concerned, be extended by the Registrar by such period and upon such terms as the Registrar considers fit.

Subregulation 1A

Amended byS 402/2022 wef 26/05/2022

A request under paragraph (1) must be made by filing with the Registrar the following form before the expiry of the period in question:

(a)

where the request relates to any proceedings with notice — Form HC3;

(b)

where the request relates to extending the period in rule 27(6) — Form HC3;

(c)

where the request relates to any other matter — Form CM5.

Subregulation 2

Amended byS 778/2004 wef 01/01/2005S 402/2022 wef 26/05/2022

Before making a request under paragraph (1) relating to any proceedings with notice, the person seeking the extension shall serve on every person or party likely to be affected by the extension a notice containing —

(a)

a statement of his intention to request for the extension, the period of extension requested for, and the reason for the extension; and

(b)

a request for the consent in writing of the person or party likely to be affected by the extension.

Subregulation 3

Amended byS 742/2014 wef 13/11/2014S 402/2022 wef 26/05/2022

A request under paragraph (1) relating to any proceedings with notice must be accompanied by —

(a)

a copy of the notice referred to in paragraph (2);

(b)

each written consent, if any, that has been given pursuant to a request under paragraph (2)(b); and

(c)

the applicable fee specified in the First Schedule.

Subregulation 4

Amended byS 778/2004 wef 01/01/2005S 402/2022 wef 26/05/2022

The Registrar may refuse to grant the extension if the person seeking the extension —

(a)

fails to show a good and sufficient reason for the extension; or

(b)

where the request relates to any proceedings with notice — fails to show to the Registrar’s satisfaction that the notice referred to in paragraph (2) has been served on every person or party likely to be affected by the extension.

Subregulation 5

Amended byS 778/2004 wef 01/01/2005S 742/2014 wef 13/11/2014

Where a person or party on whom a notice referred to in paragraph (2) is served fails or refuses to give his consent to the extension within 2 weeks after the date of the notice, the Registrar may, if he is satisfied that a good and sufficient reason has been shown for the extension, grant the extension without having to conduct a hearing in accordance with rule 52A.

Subregulation 6

Amended byS 402/2022 wef 26/05/2022S 402/2022 wef 26/05/2022S 742/2014 wef 13/11/2014S 742/2014 wef 13/11/2014S 742/2014 wef 13/11/2014S 742/2014 wef 13/11/2014

Paragraphs (1) to (5) shall not apply to the following matters:

(a)

the filing of a request under rule 25(2) to reinstate any application, right or thing;

(aa)the doing of the act referred to in rule 27(3)(b);

(b)

the making of an application to extend the period of the registration of a design under rule 35;

(c)

the making of an application for the restoration of a design which has been removed from the Register under rule 35C(1);

(d)

the filing of a counter‑statement to an application for revocation under rule 41;

(e)

the filing of a request for the Registrar’s grounds of decision under rule 27(8)(a) or 52A(8)(a).

Subregulation 7

Amended byS 742/2014 wef 13/11/2014

This rule as in force immediately before 13 November 2014 shall continue to apply on or after that date to any request made before that date under this rule for an extension of time.

Subregulation 8

Amended byS 742/2014 wef 13/11/2014

Notwithstanding paragraph (7), any request made by a person or party concerned before 13 November 2014 under this rule as in force immediately before that date, for the extension of a particular period of time (whether prescribed by these Rules or specified by the Registrar) for doing any act or taking any proceedings, shall be taken into account for the purpose of determining the fee payable under paragraph (3)(c) for any request for a further extension of that period made by that person or party on or after that date under this rule.