Singapore legislation

Regulation 69

of Copyright Regulations 2021

Regulation 69

Section 274 — what constitutes the industrial application of a design

Subregulation 1

This regulation prescribes what constitutes the industrial application of a design for the purposes of section 274.

Subregulation 2

A design is applied industrially to articles if —

(a)

the design is applied to one or more articles (not being hand‑made articles) that are manufactured in lengths or in pieces;

(b)

the design is applied to 51 or more articles, and no 2 or more of those articles are part of the same set of articles; or

(c)

all of the following apply:

(i)

the design is applied to articles and non‑physical products;

(ii)

the number of those articles, and the number of those non‑physical products that can be projected simultaneously, add up to 51 or more;

(iii)

no 2 or more of those articles and non‑physical products are part of any of the following:

(A)

the same set of articles;

(B)

the same set of non‑physical products;

(C)

the same set of articles and non‑physical products.

Subregulation 3

A design is applied industrially to non‑physical products if —

(a)

all of the following apply:

(i)

the design is applied to non‑physical products;

(ii)

51 or more of those non‑physical products can be projected simultaneously;

(iii)

no 2 or more of those non‑physical products are part of the same set of non‑physical products; or

(b)

all of the following apply:

(i)

the design is applied to articles and non‑physical products;

(ii)

the number of those articles, and the number of those non‑physical products that can be projected simultaneously, add up to 51 or more;

(iii)

no 2 or more of those articles and non‑physical products are part of any of the following:

(A)

the same set of articles;

(B)

the same set of non‑physical products;

(C)

the same set of articles and non‑physical products.

Subregulation 4

For the purposes of this regulation —

(a)

the date on which the design is applied to an article or a non‑physical product is irrelevant;

(b)

a design is applied to an article if —

(i)

the design is applied to the article by a process (whether a process of printing, embossing or otherwise); or

(ii)

the design is copied on or in the article in the course of making the article;

(c)

2 or more non‑physical products can be projected simultaneously if they can be projected simultaneously on a surface or into a medium (including air) by the activation of a device (including a product or component that is used in or with the device); and

(d)

“set of articles”, “set of articles and non‑physical products” and “set of non‑physical products” have the meanings given by section 2(1) of the Registered Designs Act 2000.