Singapore legislation
Regulation 7
of Registered Designs (International Registration) Rules 2005
Regulation 7
Notification of transactions
Subregulation 1
The following are notifiable transactions for the purpose of this rule:
the grant of a licence or sub-licence for the use of a protected international design (Singapore);
the grant of any security interest (whether fixed or floating) over a protected international design (Singapore) or any right in it.
Subregulation 2
Subject to paragraph (3A), on application being made to the Registrar by —
a person claiming to be entitled to an interest in or under a protected international design (Singapore) by virtue of a notifiable transaction; or
any other person claiming to be affected by such a transaction,the relevant particulars of the transaction shall be entered in the Register.
Subregulation 3
An application for registration of the relevant particulars of a notifiable transaction shall —
be made —
in the case of a notifiable transaction referred to in paragraph (1)(a), in Form CM6; or
in the case of a notifiable transaction referred to in paragraph (1)(b), in Form CM7;
where the transaction is the grant of a licence or sub-licence for the use of a protected international design (Singapore) —
be signed by the grantor of the licence or sub-licence, as the case may be; or
be accompanied by such evidence as the Registrar considers to be sufficient proof of the transaction;
where the transaction is the grant of any security interest (whether fixed or floating) over a protected international design (Singapore) or any right in it —
be signed by the grantor of the security interest; or
be accompanied by such evidence as the Registrar considers to be sufficient proof of the transaction; and
be accompanied by the applicable fee set out in the First Schedule to the Registered Designs Rules (R 1).
Subregulation 3A
Subject to paragraph (3B), the Registrar must refuse to accept an application for registration of the relevant particulars of a notifiable transaction if the requirements mentioned in paragraph (3) are not complied with.
Subregulation 3B
The Registrar may require the applicant to provide such other document, instrument or information in support of the application within such time as the Registrar may specify.
Subregulation 4
The following are relevant transactions for the purpose of this rule:
an assignment of a protected international design (Singapore) or any right in it;
the making by personal representatives of an assent in relation to a protected international design (Singapore) or any right in it;
an order of the Court or other competent authority transferring a protected international design (Singapore) or any right in it.
Subregulation 5
Until —
in the case of any notifiable transaction referred to in paragraph (1), an application has been made for registration of the relevant particulars of the transaction; or
in the case of any relevant transaction, the transaction has been recorded in the International Register,the transaction is ineffective as against a person acquiring an interest in the protected international design (Singapore) in ignorance of it.
Subregulation 6
A person claiming to be entitled to an interest in or under a protected international design (Singapore) by virtue of a notifiable transaction referred to in paragraph (1) is not entitled to —
damages or an account of profits in respect of any infringement of the protected international design (Singapore) occurring after the date of the transaction and before the date of the application for registration of the relevant particulars of the transaction; and
compensation under section 46 of the Act in respect of the use of the design for the services of the Government occurring after the date of the transaction and before the date of the application for registration of the relevant particulars of the transaction.
Subregulation 7
A person who becomes the holder of the international registration relating to a protected international design (Singapore) by virtue of any relevant transaction is not entitled to —
damages or an account of profits in respect of any infringement of the protected international design (Singapore) occurring after the date of the transaction and before the transaction is recorded in the International Register; and
compensation under section 46 of the Act in respect of the use of the design for the services of the Government occurring after the date of the transaction and before the transaction is recorded in the International Register.
Subregulation 8
In this rule, “relevant particulars” means —
in the case of the grant of a licence for the use of a protected international design (Singapore) —
the name and address of the licensee;
where the licence is an exclusive licence, that fact;
where the licence is limited, a description of the limitation; and
the duration of the licence if the same is, or is ascertainable as, a definite period;
in the case of the grant of a sub-licence for the use of a protected international design (Singapore) —
the name and address of the grantor of the sub-licence and of each person from whom he derived his ability to grant the sub-licence;
the name and address of the sub-licensee;
where the sub-licence is an exclusive sub-licence, that fact;
where the sub-licence is limited, a description of the limitation; and
the duration of the sub-licence if the same is, or is ascertainable as, a definite period; and
in the case of the grant of any security interest over a protected international design (Singapore) or any right in it —
the name and address of the grantee;
the nature of the interest (whether fixed or floating); and
the extent of the security or right in the protected international design (Singapore) secured.