WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/SGP/D/1 
15 July 2009 
 (09-3503) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
  
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
SINGAPORE 
  The present document reproduces the text
1 of the Registered Designs Act 2005 Revised 
Edition, as notified by Singapore on 15 April 2009 under Article 63.2 of the Agreement (see 
document IP/N/1/SGP/4). 
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
  
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
SINGAPOUR 
  Le présent document contient le texte
1 de l'Édition révisée de 2005 de la Loi sur les dessins et 
modèles enregistrés, notifiée par Singapour le 15 avri l 2009 au titre de l'article 63:2 de l'Accord (voir 
le document IP/N/1/SGP/4). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
SINGAPUR 
 
 En el presente documento se reproduce el texto
1 de la Ley de Dibujos y Modelos Registrados, 
edición revisada de 2005, notificada por Singapur el 15 de abril de 2009 de conformidad con el 
párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/SGP/4). 
   
                                                     
 
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/SGP/D/1 
Page 2  
 
  Requested version was 31 Mar 2009; Closest available version is 31 Jul 2005; Generated on 31 Mar 2009 16:15:12(GMT+8).  
  Front Page  [ Jump to: Front Page  / Arrangement of Provisions  / Actual Provisions  ]
 
REGISTERED DESIGNS ACT 
CHAPTER 266) 
 
History 
 Act 25 of 2000  
->2001 
REVISED 
EDITION  
->2005 REVISED 
EDITION 
 
   
An Act to provide for the regist ration of designs in Singapore.  
[13th November 2000]   
  Arrangement of Provisions  [ Jump to: Front Page  / Arrangement of Provisions / Actual Provisions ]
  
 
PART I  
PRELIMINARY  
1 Short title  
2 Interpretation  
3 Act binds the Government  
PART II  
REGISTRATION OF DESIGNS  
 
DIVISION 1 — OWNERSHIP OF DESIGNS  
4 Owner of design  
 
DIVISION 2 — REGISTRABLE DESIGNS  
5 New design may be registered  
6 Designs contrary to public order or morality  
7 Computer programs, etc., not registrable  
8 Provisions as to confidential disclosure, etc.  
9 Provisions as to artistic works  
10 Subsequent registration of design in respect of other articles, etc.  
 
DIVISION 3 — PROCEEDINGS FOR REGISTRATION  
11 Application for registration  
12 Claim to priority of Convention application  
13 Claim to priority of other overseas applications  
14 Withdrawal of application  
15 Amendment of application  
16 Examination of application  
17 Refusal of application  
18 Registration and publication  
19 Only formality examination required  
20 Date of registration  
  IP/N/1/SGP/D/1 
 Page 3 
 
 
  DIVISION 4 — DURATION OF REGISTRATION  
21 Initial period of registration and extension  
22 Exceptions relating to artistic works, etc.  
 
DIVISION 5 — PROCEEDINGS FOR DETERMIN ATION OF RIGHTS IN REGISTERED DESIGNS  
23 Determination of rights after registration  
24 Effect of order made under section 23 on third party  
25 Licences granted by order of Court  
 
DIVISION 6 — SURRENDER AND REVOCATION OF REGISTRATION  
26 Surrender of registration  
27 Revocation of registration  
 
DIVISION 7 — MISCELLANEOUS  
28 Right to information  
29 Provisions for secrecy of certain designs  
PART III  
RIGHTS IN REGISTERED DESIGNS  
 
DIVISION 1 — RIGHTS OF REGISTERED OWNER OF REGISTERED DESIGN  
30 Rights conferred by registration  
31 Rights of third parties to continue use of registered designs  
 
DIVISION 2 — REGISTERED DESIGN AS OBJECT OF PROPERTY  
32 Nature of registered design  
33 Co-ownership of registered design  
34 Registration of transactions affecting registered design  
35 Rights in application for registration  
 
DIVISION 3 — INFRINGEMENT PROCEEDINGS  
36 Infringement proceedings  
37 Infringement proceedings by co-owner  
38 Infringement proceedings  by exclusive licensee  
39 General restriction on recovery of damages or profits  
40 Order for delivery up  
41 Order for disposal  
42 Declaration as to non-infringement  
43 Certificate of contested validity of registration  
44 Remedy for groundless threats of infringement proceedings  
PART IV  
GOVERNMENT USE OF REGISTERED DESIGNS  
45 Government use of registered designs  
46 Terms of Government use  
47 Provisions of licence, etc., to be ineffective  
48 References of disputes to Court  
PART V  
ADMINISTRATIVE AND OTHER SUPPLEMENTARY PROVISIONS  
 
DIVISION 1 — REGISTRAR  
49 Registrar of Designs and other officers  IP/N/1/SGP/D/1 
Page 4  
 
  50 Delegation by Registrar
 
51 Registry of Designs  
52 Seal of Registry  
 
DIVISION 2 — REGISTER  
53 Register of Designs  
54 Rectification of Register  
55 Inspection of and extract from Register  
 
DIVISION 3 — POWERS OF REGISTRAR  
56 Costs in proceedings before Registrar  
57 Correction of Register  
58 Powers of Registrar  
59 Disobedience to summons an offence  
60 Refusal to give evidence an offence  
61 Immunity of Office and Registrar as regards official acts  
62 Appeal from decision or order of Registrar  
63 Exercise of discretionary power  
 
DIVISION 4 — HOURS OF BUSINESS OF REGISTRY  
64 Hours of business and excluded days  
PART VA  
THE GENEVA ACT OF THE HAGUE AGREEMENT, ETC.  
64A Power to make provision giving effect to the Geneva Act of the Hague Agreement, etc.  
PART VI  
OFFENCES  
65 Falsification of Register, etc.  
66 False representation that design is registered  
67 Offences by partnership or body corporate  
68 Composition of offences  
PART VII  
MISCELLANEOUS AND GENERAL PROVISIONS  
69 Recognition of agents  
70 General powers of Court  
71 Costs in proceedings before Court  
72 Certificate of Registrar  
73 Fees to be paid to Office  
74 General power to make rules  
75 Rules relating to application for registration  
76 Savings  
77 Transitional provisions  
 
THE SCHEDULE  
TRANSITIONAL PROVISIONS  
 
LEGISLATION HISTORY   
 
COMPARATIVE TABLE   IP/N/1/SGP/D/1 
 Page 5 
 
 
   
  Actual Provisions  [ Jump to: Front Page  / Arrangement of Provisions / Actual Provisions ]  
 
REGISTERED DESIGNS ACT 
(CHAPTER 266) 
 
An Act to provide for the registration of designs in Singapore.  
[13th November 2000]   
Notes :—Unless otherwise stated, the abbreviations used in the references to other Acts and statutory 
provisions are references to the following Acts and statutory provisions. The references are provided 
for convenience and are not part of the Act:  
Aust. Designs 1906 : Australia Designs Act 1906 Copyright 1999 Ed. : Singapore Copyright Act (Chapter 63, 1999 Revised Edition) 
HK Designs : Hong Kong Registered Designs Ordinance (Chapter 522) 
Patents 1995 Ed. : Singapore Patents Act (Chapter 221, 1995 Revised Edition) Patents 2002 Ed. : Singapore Patents Act (Chapter 221, 2002 Revised Edition) Trade Marks 1999 Ed. : Singapore Trade Marks Act (Chapter 332, 1999 Revised 
Edition) 
UK Designs 1949 : UK Registered Designs Act 1949 (c. 88) 
 
PART I 
 
PRELIMINARY 
 
Short title 
1.—This Act may be cited as the Registered Designs Act.  
 
Interpretation 
2.—(1) In this Act, unless the context otherwise requires —  
 
"application for registration" , in relation to a design, means an application under section 11 
for the registration of the design;  
 "article" means any article of manufacture and includes —     
(a) any part of an article if that part is made and sold separately; and  
 
(b) any set of articles;   
"artistic work" has the meaning assigned to it in section 7 (1) of the Copyright Act (Cap. 63);  
 IP/N/1/SGP/D/1 
Page 6  
 
  "Convention country" means a country or territory, other than Singapore, which is a party to 
the Paris Convention or a member of the World Trade Organisation;   "corresponding design" , in relation to an artis tic work, means a design which, when applied 
to an article, results in a reproduction of that work;  
 
"Court" means the High Court;   "design" means features of shape, configuration,  pattern or ornament applied to an article by 
any industrial process, but does not include —    
 
(a) a method or principle of construction; or   (b) features of shape or configuration of an article which —   
(i) are dictated solely by the function which the article has to perform;  
 (ii) are dependent upon the appearance of  another article of which the article 
is intended by the designer to form an integral part; or   (iii) enable the article to be connected  to, or placed in, around or against, 
another article so that either ar ticle may perform its function;  
 
"designer" , in relation to a design, means the person who creates it or, if there are 2 or more such persons, each of those persons;   
“exclusive licence” means a licence from the re gistered owner of a registered design 
authorising the licensee, or the licensee and persons authorised by him, to the exclusion of all 
other persons (including the registered owner), to use the design in the manner authorised by 
the licence and “exclusive licensee” sh all be construed accordingly;  
 "Office" means the Intellectual Property Office of Singapore incorporated under the 
Intellectual Property Office of Singapore Act (Cap. 140);  
 "owner" has the meaning assigned to it in section 4;   "Paris Convention" means the Convention for the Protection of Industrial Property signed at 
Paris on 20th March 1883, as revised or  amended from time to time;  
 "Register" means the Register of Designs maintained under section 53;   "registered design" means a design registered under this Act;   
"registered owner" , in relation to a registered  design, means the person whose name is for the 
time being entered in the Register as the owner of  the design or, if there are 2 or more such 
persons, each of those persons;   "Registrar" means the Registrar of Designs re ferred to in section 49 and includes any Deputy 
Registrar of Designs referred to in that section;  
 "Registry" means the Registry of Designs established under section 51;    IP/N/1/SGP/D/1 
 Page 7 
 
 
  "set of articles" means 2 or more articles of the same general character that are ordinarily on 
sale together or intended to be used together, and to each of which the same design, or the 
same design with modifications or variati ons not sufficient to alter the character or 
substantially to affect the identity of the design, is applied.      
[3/2001] 
 
(2) Unless the context otherwise requires —   
(a) any reference in this Act to the filing of a document shall be cons trued as a reference to 
the filing of the document with the Registrar;  
 (b) any reference in this Act to an article in resp ect of which a design is registered shall, in the 
case of a design registered in respect of a set of articles, be construed as a reference to any 
article of that set; and  
 
(c) any reference to the infringement of a regist ered design shall be c onstrued as a reference 
to the infringement of any right in the design conferred by this Act.   
[Copyright 1999 Ed., s. 73; Patents 1995 Ed., s. 2; Trade Marks 1999 Ed., s. 2; UK Designs 1949, 
ss. 1 and 44]  
 
Act binds the Government 
3.—Subject to Part IV, this Act binds the Government.  
  
PART II 
 
REGISTRATION OF DESIGNS 
 
Division 1 — Ownership of Designs 
 
Owner of design 
4.—(1) Subject to this section, the designer of a desi gn shall be treated for the purposes of this Act as 
the owner of the design.   
 (2) Where a design is created in pursuance of a commission for money or money's worth, the person commissioning the design shall be treated as the owner of the design.    (3) Where, in a case not falling within subsection (2),  a design is created by an employee in the course 
of his employment, his employer shall be treated as the owner of the design.   
 (4) Subsections (2) and (3) are subject to any agreement to the contrary between the parties 
concerned.    
(5) Where a design, or the right to apply a desi gn to any article, becomes vested, whether by 
assignment, transmission or operation of law, in an y person other than the owner, either alone or 
jointly with the owner, that other person or, as th e case may be, the owner and that other person, shall 
be treated for the purposes of this Act as the owne r of the design or as the owner of the design in 
relation to that article.    IP/N/1/SGP/D/1 
Page 8  
 
  (6) In the case of a design generated by computer in circumstances such that there is no human 
designer, the person by whom the arrangements necessary for the creation of the design are made shall be deemed to be the designer.    
[UK Designs 1949, s. 2; HK Designs, s. 3]   
 
 
Division 2 — Registrable Designs  
 
New design may be registered 
5.—(1) Subject to the provisions of this Part, a design which is new may, upon application by the 
person claiming to be the owner, be registered in resp ect of an article specified in the application.   
 (2) A design for which an application for registration is made shall not be regarded as new if it is the 
same as a design —   
(a) registered in respect of the same or any othe r article in pursuance of a prior application; or  
 (b) published in Singapore or elsewhere in respect of the same or any other article before the 
date of the first-mentioned application,   
or if it differs from such a design only in immateri al details or in features which are variants 
commonly used in the trade.   
 (3) The Registrar may, in such cases as may be prescribed, direct that, for the purpose of deciding 
whether a design is new, an application for registra tion of the design shall be treated as filed on a date 
earlier or later than that on which it was in fact filed.   
 
[UK Designs 1949, ss. 1 and 3]   
 
Designs contrary to public order or morality 
6.—A design is not registrable if the publication or use of it would be contrary to public order or 
morality.   
 
[HK Designs, s. 7]   
Computer programs, etc., not registrable 
7.—(1) No computer program or layout-design may be registered under this Act.   
 
(2) For the purposes of subsection (1), “layout-desi gn” has the meaning assigned to it in the Layout-
Designs of Integrated Circuits Act (Cap. 159A).    (3) The Minister may make rules —   
(a) to exclude from registration under this Act d esigns for such articles of a primarily literary 
or artistic character as the Minister considers appropriate; and   (b) to provide that any design described in the ru les shall not be registered under this Act, or 
shall not be so registered unless such conditions as may be prescribed are met.   
[UK Designs 1949, s. 1; HK Designs, s. 8]   
  IP/N/1/SGP/D/1 
 Page 9 
 
 
  Provisions as to confidential disclosure, etc. 
8.—(1) An application for registration of a design shal l not be refused, and the registration of a design 
shall not be revoked, by reason only of —   
(a) the disclosure of the design by the owner to  any other person in such circumstances as 
would make it contrary to good faith for that  other person to use or publish the design;  
 (b) the disclosure of the design in breach of good  faith by any person ot her than the owner of 
the design;   
(c) in the case of a new or original textile d esign intended for registration, the acceptance of a 
first and confidential order for goods bearing the design; or   (d) the communication of the design by the owner to a Government department or the Office 
or to any person authorised by a Government depa rtment or the Office to consider the merits 
of the design, or of anything done in consequence of such a communication.    
 
[3/2001] 
 
(2) An application for registration of a design shall not be refused, and the registration of a design shall not be revoked, by reason only —  
 
(a) that a representation of the design, or any ar ticle to which the design has been applied, has 
been displayed, with the consent of the owner of the design, at an official international 
exhibition;   
(b) that after any such display as is mentioned in paragraph (a), and during the period of the 
exhibition, a representation of the design, or any article to which the design has been applied, 
has been displayed by any person without the consent of the owner; or   (c) that a representation of the design has been published in consequence of any such display 
as is mentioned in paragraph (a),  
 
if the application for registration of the design is ma de no later than 6 months after the opening of the 
exhibition.    (3) In this section, “official international exhib ition” means an official, or officially recognised, 
international exhibition falling with in the terms of the Convention on International Exhibitions signed 
at Paris on 22nd November 1928, and any protocols to  that Convention, as revised or amended from 
time to time.    
[UK Designs 1949, s. 6; HK Designs, s. 9]   
 
Provisions as to artistic works 
9.—(1) Subject to subsection (2), where an application is filed by or with the consent of the owner of 
copyright in an artistic work for the registration of a corresponding design, the design shall not be treated for the purposes of this Act as being other th an new by reason only of any use previously made 
of the artistic work.   
 
(2) Subsection (1) shall not apply if the previous u se consisted of or included the sale, letting for hire, 
or offer or exposure for sale or hire of articl es to which had been applied industrially —  
 
(a) the design in question; or  IP/N/1/SGP/D/1 
Page 10  
 
   
(b) a design differing from it only in immaterial details or in features which are variants commonly used in the trade,   
and that previous use was made by or with the consent of the copyright owner.   
 
(3) The Minister may make rules to provide for the circumstances in which a design is to be regarded 
as having been applied industrially to articles or any description of articles for the purposes of this 
section.    [HK Designs, s. 10]   
 
Subsequent registration of design in respect of other articles, etc. 
10.—(1) Where the registered owner of a design registered in respect of an article files —  
 
(a) an application for registration of the regist ered design in respect of one or more other 
articles; or   (b) an application for registration of a design consisting of the registered design with modifications or variations not sufficient to alte r the character or substantially to affect the 
identity of the registered design, in respect of  the same or one or more other articles,  
 
the application shall not be refused, and the regist ration made on the applica tion shall not be revoked, 
by reason only of the previous registration or publication of the registered design.    (2) The right in a design registered by virtue of subsection (1) shall not extend beyond the end of the 
period, and any extended period, for which the right subsists in the original design.   
 (3) Where a person files an application for registration of a design in respect of an article and either —  
 
(a) the design has been previously registered  by another person in respect of some other 
article; or  
 
(b) the design to which the application relates is a design previously registered by another 
person in respect of the same or some other article with modificati ons or variations not 
sufficient to alter the character or substantially to  affect the identity of the registered design,  
 
then, if at any time while the application is pending,  the applicant becomes the registered owner of the 
design previously registered, subsection (1) shall appl y as if, at the time of filing the application, the 
applicant had been the registered owner of that design.    
[UK Designs 1949, s. 4]   
  
Division 3 — Proceedings for Registration 
 
Application for registration 
11.—An application for registration of a design sha ll be filed in the prescribed manner with the 
Registrar, and is subject to the payment of the prescribed application fee.  
  IP/N/1/SGP/D/1 
 Page 11 
 
 
  Claim to priority of Convention application 
12.—(1) Subject to subsection (7), where —  
 
(a) a person has filed an application for the regi stration of a design in a Convention country in 
respect of certain articles;  
 
(b) that application is the first application for the registration of the design to be filed in any 
Convention country in respect of those article s (referred to in this section as the first 
Convention application); and   
(c) within 6 months after the date on which th e first Convention application is filed, that 
person or his successor in title applies under this  Act for the registration of the design in 
respect of all or any of those articles,   
that person or his successor in title may, when fili ng the application under this Act, claim a right 
of priority for the registration of the design in respect  of all or any of the articles for which registration 
was sought in the first Convention application.     
[44/2004]  
 
(2) Where any person claims a right of priority in  accordance with subsection (1) in respect of an 
application for the registration of a design —  
 
(a) the person shall have priority from (and incl uding) the date on which the first Convention 
application was filed; and   
(b) the application shall be treated, for the pur poses of determining whether that or any other 
design is new, as filed on the date on which the first Convention application was filed.    
 
[44/2004] 
 
(3) Subsection (2) shall not be construed as excluding  the power to give directions under section 5 (3) 
in relation to the application for the registration of a design.    
 
[44/2004] 
 
(4) Notwithstanding any of the provisions of this Act, where a right of priority is claimed in respect of 
an application for the registration of a design, the application shall not be refused, and the registration 
of the design under this Act shall not be revoked, by  reason only of the fact that the first Convention 
application has been published during the period between —   
(a) the date the first Convention application was filed; and   
(b) the date the application under this Act was filed.    
 
[44/2004] 
 
(5) Any filing of an application for the registrati on of a design which in a Convention country is 
equivalent to a regular national f iling, under its domestic legislation or an international agreement, 
shall be treated as giving rise to the right of priority.     
[44/2004] 
 IP/N/1/SGP/D/1 
Page 12  
 
  (6) In subsection (5), “regular national filing” means a filing which is adequate to establish the date on 
which the application was filed in the Convention country, whatever may be the outcome of the application.     
[44/2004] 
 
(7) Where a subsequent application for registrati on of a design concerning the same subject as an 
earlier application is filed, whether in the same or  a different Convention country, and these are the 
first 2 applications concerning that subject to be  filed in any Convention country, the subsequent 
application shall be considered the first Convent ion application if, at the date the subsequent 
application is filed —  
 
(a) the earlier application has been withdraw n, abandoned or refused, without having been 
laid open to public inspection and without leaving any rights outstanding; and   
(b) the earlier application has not yet served as a basis for claiming a right of priority.    
 
[44/2004] 
 
(8) For the avoidance of doubt, where subsection (7) applies —   
(a) the date on which the subsequent applicati on was filed, rather than that of the earlier 
application, shall be considered the starting date  of the period of priority under subsection (2); 
and   (b) the earlier application may not thereafter serve as a basis for claiming a right of priority.    
 
[44/2004] 
 
(9) The Minister may make rules as to the manner of claiming priority under this section.    
 
[44/2004] 
 
(10) A right to priority arising under this section may be assigned or otherwise transmitted, either with 
the application or independently,  and the reference in subsection (1) to the applicant’s “successor in 
title” shall be construed accordingly.    [Trade Marks 1999 Ed., s. 10]   
[44/2004] 
 
Claim to priority of other overseas applications 
13.—(1) The Minister may by order confer on a person who has filed an application for registration of 
a design in a country or territory to which the Government has entered into a treaty, convention, 
arrangement or engagement for the reciprocal protec tion of registered designs, a right to priority, for 
the purpose of registering the same design under this Act for some or all of the same articles, for a 
specified period from the date of filing of that application.    (2) An order under this section may make provision co rresponding to that set out in section 12 or such 
other provision as appears to the Minister to be appropriate.   
 
[Trade Marks 1999 Ed., s. 11]   
  IP/N/1/SGP/D/1 
 Page 13 
 
 
  Withdrawal of application 
14.—(1) An applicant may withdraw his application for registration of a design by filing a notice of 
withdrawal with the Registrar in the prescribed manner before the date on which preparations for 
publication under section 18 have been complete d, as determined by the Registrar.   
 
(2) Where a notice of withdrawal is filed in accord ance with subsection (1), the application shall be 
treated as withdrawn, and such withdrawal is irrevocable.    
[HK Designs, s. 18]   
 
Amendment of application 
15.—(1) The Registrar may, on his own initiative or  upon request made to him in the prescribed 
manner by the applicant and payment of the prescribed fee, amend an application for registration of a design.    
(2) An application for registration of a design sha ll not be amended if, as a result of the amendment, 
the scope of the application would be increased by the inclusion of matter that was not in substance 
disclosed in the application as filed.    (3) The Registrar shall not be obliged to correct on his own initiative any error not due to the default 
of the Registrar.   
 
(4) Where the Registrar proposes to make any amen dment on his own initiative, he shall give notice 
of the proposal to every person who appears to him to  be likely to be affected by the amendment, and 
shall give the person an opportunity to be heard before making the amendment.    [UK Designs 1949, s. 21; Aust. Designs 1906, s. 22B]   
 
Examination of application 
16.—(1) The Registrar shall examine an application fo r registration of a design, being an application 
which has not been withdrawn, to determine wh ether it satisfies the formal requirements.   
 
(2) If the Registrar determines that an application fa ils to comply with the formal requirements, he 
shall notify the applicant and give him an opport unity to correct the non- compliance within such 
period as the Registrar determines.    (3) If the non-compliance is not corrected within  the period referred to in subsection (2), the 
application shall be treated as withdr awn, but the Registrar may, upon —  
 
(a) the filing by the applicant of a notice in the prescribed form requesting reinstatement of 
the application;   (b) the payment of the prescribed fee; and  
 
(c) the compliance by the applicant with su ch conditions as the Registrar may impose,  
 
reinstate the application.    
(4) Upon reinstatement of an application, any right or  means of redress lost by the applicant as a result 
of the withdrawal shall be restored to him.    IP/N/1/SGP/D/1 
Page 14  
 
  (5) In this section and sections 17 and 18, "for mal requirements" means those requirements of 
section 11, and of rules made for the purposes of  that section, that are prescribed as formal 
requirements.    
[HK Designs, s. 24]   
 
Refusal of application 
17.—(1) The Registrar may refuse an application for registration of a design if —  
 
(a) after an examination by him under section 16; and  
 
(b) after giving the applicant the opportunity to correct any non-complia nce with the formal 
requirements,   
the Registrar determines that the application does not satisfy the formal requirements.   
 
(2) The Registrar may refuse an application for registration of a design if, on the face of the 
application, the design is not new or is not registrable for any other reason.    (3) The Registrar shall give notice of any re fusal under this section to the applicant.   
 [HK Designs, s. 26]   
 
Registration and publication 
18.—Subject to section 17, if the Registrar determines that an application for registration of a design 
satisfies the formal requirements, he shall as soon as practicable —  
 
(a) register the design by entering the pr escribed particulars in the Register;  
 (b) enter the name of the applican t, or the successor in title to th e application, in the Register 
as the owner of the design;   
(c) issue a certificate of registration to the person who is the registered owner of the design at 
the time the design is registered; and   (d) publish a notice of the registration and a re presentation of the design in the prescribed 
manner.  
 
[HK Designs, s. 25]   
[26/2001] 
 
Only formality examination required 
19.—The Registrar, in determining whether to accept an  application for registration of a design, shall 
not be required to consider  or have regard to —  
 
(a) the registrability of the design;   (b) whether the applicant is entitled to any right of priority claimed in the application; or  
 
(c) whether the design is properly represented in the application.   
[HK Designs, s. 27]   
  IP/N/1/SGP/D/1 
 Page 15 
 
 
  Date of registration 
20.—A design when registered shall be registered  as of the date on which the application for 
registration is filed, and that date shall be deemed  for the purposes of this Act to be the date of its 
registration.    [Trade Marks 1999 Ed., s. 15]   
[44/2004] 
 
 
Division 4 — Duration of Registration  
 
Initial period of registration and extension 
21.—(1) The initial period of registration of a design is 5 years from the date of registration of the 
design.   
 (2) The period of registration of a design may be ex tended for a second and third period of 5 years, by 
applying to the Registrar for an extension, and payi ng the prescribed extension fee, before the expiry 
of the current period of registration.   
 
(3) The Minister may make rules for the Registrar to  inform the registered owner of a design, before 
the expiry of the current period of registration, of  the imminent expiry of the registration and the 
manner in which it may be extended.    (4) If the application and payment are not made before  the expiry of the current period of registration, 
the registration of the design shall cease to be in force upon the expiry of that period and shall be 
removed from the Register.    (5) If, during the period of 6 months immediately following the expiry of the current period of registration, an application for extension is made and the extension fee and any prescribed late fee are 
paid, the registration of the design shall be treated  as if it had never ceased to be in force, and 
accordingly —   
(a) anything done under or in relation to any rights in the design by or with the consent of the owner during that period shall be treated as valid;  
 
(b) an act which would have constituted an infringement of the design if the registration had not ceased to be in force shall be treated as an infringement; and   (c) an act which would have constituted use of the design for the services of the Government 
under Part IV if the registration had not ceased to  be in force shall be treated as such use.  
 
[UK Designs 1949, s. 8]   
 
Exceptions relating to artistic works, etc. 
22.—(1) Notwithstanding section 21, where it is shown that a registered design —  
 
(a) was at the time it was registered a corres ponding design in relation to an artistic work in 
which copyright subsists under the Copyright Act (Cap. 63); and   (b) by reason of a previous use of that work w ould not have been registrable but for section 9 
(1),  
 IP/N/1/SGP/D/1 
Page 16  
 
  the period of registration of the design expires when  the copyright in that wo rk expires, if that is 
earlier than the time at which it would otherwise expire, and it may not thereafter be extended.   
 (2) Notwithstanding section 21, the period of registrati on of a design registered by virtue of section 10 
(1) shall not extend beyond the end of the period of registration, and any extended period of 
registration, of the original registered design.   
 
[UK Designs 1949, s. 8]   
 
 
Division 5 — Proceedings for Determina tion of Rights in Registered Designs  
 
Determination of rights after registration 
23.—(1) After a design is registered, any person having or claiming an interest in the design may 
apply to the Court to determine —  
 
(a) who is the true owner of the design;   (b) whether the design should have been register ed in the name of the person in whose name 
it was registered; or   
(c) whether any right in the design should be transferred or granted to any other person,  
 
and the Court shall determine the question and may make such order as it considers appropriate to 
give effect to the determination.    
(2) Without prejudice to the generality of subsection (1), an order referred to in that subsection may 
contain one or more of the following directions:   
(a) that the name of the applicant be entered in  the Register as the owner or one of the owners 
of the design (whether or not to the exclusion of any other person);   
(b) that the transaction by virtue of which that person has acquired any right in the design be 
registered;   (c) that a licence for the use of the design be granted; and   
(d) that the registered owner of the design or any person having any right in the design carry 
out such act as the Court considers appropriate to give effect to any directions in the order.  
 
(3) If any person to whom a direction referred to in subsection (2) (d) was given fails to comply with 
the direction within 14 days after the date of the order, the Court may, on application made to it by 
any person in whose favour or on whose appli cation the order was made, authorise the second-
mentioned person to do that thing on behalf of the person to whom the direction was given.   
 (4) If an application under this section is made after the end of the period of 2 years from the date of 
issue of the certificate of registration referred to in section 18 (c) in respect of the design in question, 
no order shall be made under subsection (1) transfe rring any right in the design from the registered 
owner to any other person on the ground that the regi stered owner was not entitled to be registered as 
the owner, unless it is shown that the registered owner knew at the time of the registration or of the transfer of the design to him, as the case may be, that he was not entitled to be registered as the 
owner.    IP/N/1/SGP/D/1 
 Page 17 
 
 
   
(5) The Court shall not make any order under subsec tion (1) unless notice of the application has first 
been given to —   
(a) the registered owner of the design; and  
 
(b) each person registered as having a right in th e registered design who is not a party to the 
application.   
[HK Designs, s. 41; Patents 1995 Ed., s. 47]   
 
Effect of order made under section 23 on third party 
24.—(1) Where an order is made under section 23 (1) th at a registered design be transferred from any 
person or persons (referred to in this section as th e old owner or owners) to one or more persons 
(whether or not including an old owner), then, except in a case falling within subsection (2), any 
licences or other rights granted or created by the old owner or owners shall, subject to section 34 and 
to the provisions of the order, continue in force and be treated as granted by the person or persons to 
whom the design is ordered to be tr ansferred (referred to in this secti on as the new owner or owners).   
 (2) Where an order is so made that a registered design shall be transferred from the old owner or 
owners to one or more persons none of whom was an old owner (on the ground that the design was 
registered in the name of a person not entitled to be registered as an owner), any licences or other 
rights in the design shall, subject to the provisions of the order and subsection (3), lapse on the registration of that person or those persons as the new owner or owners of the design.   
 (3) Where an order referred to in subsection (2) is  made and, before particulars of the reference 
resulting in the making of the order are entered in  the Register, the old owner or owners or a 
licensee —   
(a) carried out in good faith an act which woul d have constituted an infringement of the 
design if particulars of the reference had been registered at the time the act was done; or   
(b) made in good faith effective and serious preparations to carry out such an act,  
 
the old owner or owners or the licensee shall, on ma king a request to the new owner or owners within 
the prescribed period, be entitled to be granted a licen ce (but not an exclusive licence) to continue to 
do the act or, as the case may be, to do the act.   
 
(4) A licence under subsection (3) shall be for a reas onable period and subject to reasonable terms.   
 (5) The new owner or owners of the registered desi gn or any person claiming that he is entitled to be 
granted a licence under subsection (3) may apply to the Court for a determination of whether —  
 
(a) that person is so entitled; or  
 (b) the period or terms of any such licence granted are reasonable.   
(6) The Court shall make the determin ation under subsection (5) and may —  
 
(a) order the grant of a licence on such terms and for such period as it considers reasonable; or  
 (b) vary the period or terms of the licence.   IP/N/1/SGP/D/1 
Page 18  
 
  [HK Designs, s. 42; Patents 1995 Ed., s. 48]   
 
Licences granted by order of Court 
25.—Any order made under section 23 (1) or 24 (6) for the grant of a licence shall, without prejudice 
to any other method of enforcement, have effect as if it were a deed, executed by the registered owner 
of the registered design and all other necessary pa rties, granting a licence in accordance with the 
order.    
[HK Designs, s. 43]   
  
Division 6 — Surrender and Revocation of Registration 
 
Surrender of registration 26.—(1) The registration of a design may be surrendered by the registered owner in respect of all or 
any of the articles for which the design is registered.    (2) The Minister may make rules —  
 
(a) as to the manner and effect of a surrender; and   (b) for protecting the interest of other persons having a right in the design.   
[HK Designs, s. 30]   
 
Revocation of registration 
27.—(1) At any time after a design has been regist ered, any interested person may apply to the 
Registrar or the Court for the revocation of the registration of the design on the ground that the design was not, at the date of its registration, new, or on any other ground on which the Registrar could have 
refused to register the design; and the Registrar ma y make such order on the application as he thinks 
fit.    (2) At any time after a design has been registered, any interested person may apply to the Registrar 
or the Court for the revocation of the registration on the ground that —  
 
(a) the design was at the time it was registered a corresponding design in relation to an artistic 
work in which copyright subsisted; and   (b) the right in the registered design has expired in accordance with section 22 (1),  
 
and the Registrar may make such order on the application as he thinks fit.   
 (3) If proceedings concerning a design are pending in the Court, an application for the revocation of 
its registration must be made to the Court.    
(4) If an application for the revocation of the registration of a design is made to the Registrar, he 
may at any time refer the application to the Court.    (5) An application to the Registrar for the revoca tion of the registration of a design shall be made 
in the prescribed manner and be accompanied by the prescribed fee.     IP/N/1/SGP/D/1 
 Page 19 
 
 
  (6) A revocation takes effect —  
 
(a) in the case of a revocation under subsecti on (1), from the date of registration; and  
 (b) in the case of a revocation under subsection (2), from the date on which the right in the 
registered design expired.  
 
(7) The Minister may make rules to provide for re vocation proceedings before the Registrar and for 
matters relating thereto.    [UK Designs 1949, s. 11; Trade Marks 1999 Ed., s. 22]   
 
 
Division 7 — Miscellaneous  
 
Right to information 
28.—(1) After the registration of a design and upon th e filing of a written request by any person in the 
prescribed manner and the payment of the prescribed fee, the Registrar shall —  
 
(a) give the person making the request such information; and  
 
(b) permit him to inspect such documents,   
relating to the application for registration of the design (including any representation or sample of the 
design) as may be specified in the request, subject, ho wever, to such conditions as may be prescribed.   
 (2) Rules may be made empowering the Registrar to refuse any request in resp ect of such information 
or documents as may be prescribed.    
(3) Until notice of registration of a design is  published under section 18, any information or 
documents constituting or relating to the application for registration shall not, without the consent of 
the owner or the applicant, as the case may be, be  published or communicated to any person by the 
Registrar.    
(4) Subsection (3) shall not prevent the Registrar from publishing or communicating to others any 
prescribed information relating to an app lication for registration of a design.   
 (5) Where a person is notified that an applicati on for registration of a design has been made and 
that the applicant will, if the design is registered, bring proceedings against that person in the event of 
his doing an act specified in the notification, that  person may make a request under subsection (1).   
 
(6) The Registrar may grant the request under subsec tion (1) without the consent of the applicant, 
notwithstanding that the design has not been registered.    
[HK Designs, s. 70]   
 
Provisions for secrecy of certain designs 
29.—(1) Where an application for registration of a design has been made and it appears to the 
Registrar that the design is one of a class notified to him by the Minister as relevant for defence 
purposes, the Registrar shall give directio ns for prohibiting or restricting —  
 
(a) the publication of information with respect to the design; or  IP/N/1/SGP/D/1 
Page 20  
 
   
(b) the communication of such information to an y person or class of persons specified in the 
directions.   
(2) Rules may be made for securing that where such directions are given —  
 
(a) the representation of the design; and   (b) any evidence filed in support of the application for registration,   
shall not be open to public inspection in the Registry during the continuance in force of the 
directions.   
 
(3) Any person who fails to comply with a direction of the Registrar shall be guilty of an offence and shall be liable on conviction to a fine not exceed ing $5,000 or to imprisonment for a term not 
exceeding 2 years or to both.   
 (4) Where such directions are in force, the application —   
(a) shall be held in abeyance after the formal requirements referred to in section 16 have been 
satisfied; and  
 
(b) notwithstanding section 18, shall not pro ceed to be processed in  accordance with that 
section until the directions are revoked under subsection (5) (d).   
(5) Where the Registrar gives such directions, he shall give notice of the application and of the 
directions to the Minister, and thereupon th e following provisions shall have effect:  
 
(a) the Minister shall consider whether the pub lication of the design would be prejudicial to 
the defence of Singapore;   (b) the Minister may at any time inspect the representation of the design, or any evidence 
referred to in subsection (2) (b);  
 (c) if, upon the consideration of the design at any time, it appears to the Minister that the 
publication of the design would not, or would no longer, be prejudicial to the defence of Singapore, notice may be given to the Registrar to that  effect; and  
 
(d) on the receipt of such notice, the Registrar shall revoke the directions and may, subject to 
such conditions (if any) as he thinks fit, extend the time for doing anything required or 
authorised to be done by or under this Act in connection with the application for registration, 
whether or not that time has previously expired.   
(6) Where —  
 
(a) directions given under this section in relation to an application for registration of a design 
are revoked;   
(b) the design is registered; and  
 (c) it appears to the Minister that the applicant has suffered hardship while the directions were 
in force,    IP/N/1/SGP/D/1 
 Page 21 
 
 
  the Minister may make such payment (if any) by way of compensation to the applicant as appears to 
the Minister to be reasonable having rega rd to all relevant circumstances.   
 (7) Nothing in this section shall prevent the di sclosure of information concerning a design to a 
Government department or authority for the purpose of obtaining advice as to whether the directions 
under this section with respect to an application for registration of that design should be made, 
amended or revoked.    
[UK Designs 1949, s. 5; Patents 1995 Ed., s. 33]   
 
PART III 
 
RIGHTS IN REGISTERED DESIGNS 
 
Division 1 — Rights of Registe red Owner of Registered Design  
 
Rights conferred by registration 
30.—(1) The registration of a design under this Act gives to the registered owner the exclusive 
right —  
 
(a) to make in Singapore or import into Singapore —   
(i) for sale or hire; or   
(ii) for use for the purpose of trade or business; or  
 
(b) to sell, hire, or offer or expose for sale or hire, in Singapore,   
any article in respect of which the design is regi stered and to which that design or a design not 
substantially different from it has been applied.   
 (2) For the purposes of this Act, the right in a re gistered design is infringed by any person who, 
without the consent of the registered owner and while the registration is in force —   
(a) does anything which by virtue of subsection (1) is the exclusive right of the registered 
owner;   (b) makes anything for enabling any article referred to in subsection (1) to be made in Singapore or elsewhere;   
(c) does anything in relation to a kit that would constitute an infringement of the design if it 
had been done in relation to the assembled article; or   (d) makes anything for enabling a kit to be made  or assembled, in Singapore or elsewhere, if 
the assembled article would be an article referred to in subsection (1).  
 
(3) In subsection (2), “kit” means a complete or s ubstantially complete set of components intended to 
be assembled into an article.    (4) In the application of subsection (2) to a regi stered design of which there is more than one 
registered owner, the reference to the registered owner shall be construed —  
 IP/N/1/SGP/D/1 
Page 22  
 
  (a) in relation to any act, as a reference to the registered owner or those registered owners 
who is or are entitled to do that act by vi rtue of section 33 or any agreement; and  
 (b) in relation to any consent, as a reference to the registered owner or those registered owners 
who is or are the proper person or persons to gi ve the consent by virtue of section 33 or any 
agreement.  
 
(5) For the purposes of this Act, the right in  a registered design is not infringed by —  
 
(a) the doing of any act for a private non-commercial purpose; or  
 
(b) the doing of any act for the purpose of ev aluation, analysis, research or teaching.  
 
(6) The right in a registered design is not infringe d by the reproduction of a feature of the design 
which, by virtue of paragraph (b) of the definition of  "design" in section 2 (1), is left out of account in 
determining whether the design is registrable.   
 (7) The right in a registered design is not infringed  by the import, sale, hire, or offer or exposure 
for sale or hire of any article to which the design has been applied, and which has been placed on the 
market, whether in Singapore or elsewhere, by or with the consent (conditional or otherwise) of the 
registered owner.   
 
[UK Designs 1949, s. 7; HK Designs, s. 31]   
 
Rights of third parties to continue use of registered designs 
31.—(1) A person who, before the date of registration of a design —  
 
(a) does in good faith in Singapore an act whic h would have constituted an infringement of 
the design if the registration had been in force at the time the act is done; or   (b) makes in good faith effective and serious prep arations to do such an act in Singapore,  
 
has the right to continue to do the act or, as the case may be, to do the act.   
 (2) If the act was done, or the preparations were ma de, in the course of a business, the person entitled 
to the right conferred by subsection (1) may —   
(a) authorise the doing of that act by any of hi s partners for the time being in that business; 
and   (b) assign that right, or transmit it on death (or in the case of a body corporate on its dissolution), to any person who acquires that pa rt of the business in the course of which the 
act was done or the preparations were made.  
 
(3) The right conferred by subsection (2) shall not include a right to grant a licence to any person to do an act referred to in subsection (1).    (4) Where an article is disposed of to anothe r person in exercise of a right conferred by 
subsection (1), that other person and any person clai ming through him may deal with the article in the 
same way as if it had been disposed of by the owner of the design concerned.    
[HK Designs, s. 35]   
  IP/N/1/SGP/D/1 
 Page 23 
 
 
  Division 2 — Registered Design  as OBJECT OF PROPERTY 
 
Nature of registered design 32.—(1) A registered design or any right in it is personal property and may be assigned or transmitted 
in the same way as other personal property.    (2) A registered design or any right in it may be  vested by an assent of personal representatives.   
 
(3) A licence may be granted for the use of a register ed design and, to the extent that the licence so 
provides, a sub-licence may be granted under any such licence.    (4) Any such licence or sub-licence —   
(a) may be assigned or transmitted in th e same way as personal property; and  
 (b) may be vested by an assent of personal representatives.   
(5) Subsections (1) to (4) shall have  effect subject to this Act.   
 
(6) An assignment of a design or a right therein, or an assent relating to a registered design or a right therein, is not effective unless it is in writing and si gned by or on behalf of the assignor or, as the case 
may be, a personal representative.    (7) Subsection (6) may be satisfied in a case wh ere the assignor or personal representative is a body 
corporate by the affixing of its seal.   
 (8) Subsections (6) and (7) shall apply to an assignme nt by way of security as they apply to any other 
assignment.    
(9) An assignment of a registered design or any righ t in it, or an exclusive licence in relation to a 
registered design, may confer on the assignee or licensee the right of the assignor or licensor to bring proceedings under section 23 or 36.    
[HK Designs, s. 32]   
 
Co-ownership of registered design 
33.—(1) Subject to any agreement to the contrary, wher e there is more than one registered owner of a 
registered design, each of them shall be entitled to  an equal undivided share in the rights in the 
design.    
(2) Subject to this section and to any agreement to the contrary, where there is more than one 
registered owner of a registered design, each of them  shall be entitled, by himself or his agent, to do in 
relation to the design and for his ow n benefit and without the consent of , or the need to account to, the 
other or others, an act which would otherwise amount to an infringement of the design.    
(3) Subject to any agreement to th e contrary, where there is more than one registered owner of a 
registered design, no registered owner shall, wit hout the consent of each of the others, grant a licence 
for the use of the design or assign any interest in it.   
 (4) Nothing in subsection (1) or (2) shall affect the mutual rights or obligations of trustees or personal 
representatives of a deceased person, or their rights or obligations as such.   
 IP/N/1/SGP/D/1 
Page 24  
 
  [HK Designs, s. 33]   
 
Registration of transactions affecting registered design 
34.—(1) On application being made to the Registrar by —  
 
(a) a person claiming to be entitled to any interest in a registered design by virtue of a 
registrable transaction; or   (b) any other person claiming to be affected by such a transaction,   
the prescribed particulars of the transaction shall be entered in the Register.   
 (2) The following are registrable transactions under subsection (1):   
(a) an assignment of a registered design or any right in it;  
 
(b) the grant of a licence or sub-licence for the use of a registered design;  
 (c) the grant of any security interest (whether fixed or floating) over a registered design or any right in it;   
(d) the making by personal representatives of an assent in relation to a registered design or 
any right in it;   (e) an order of the Court or other competent au thority transferring a registered design or any 
right in it.  
 
(3) Until an application has been made for registra tion of the prescribed particulars of a registrable 
transaction, the transaction is ineffective as agains t a person acquiring a conflicting interest in the 
registered design in ignorance of it.    (4) Notwithstanding any provision of this Act, a pers on who becomes the registered owner or licensee 
of a registered design by virtue of a registrable transaction is not entitled to —  
 
(a) damages or account of profits in respect of any infringement of the registered design occurring after the date of the transaction and befo re the date of application for registration of 
the prescribed particulars of the transaction; or  
 
(b) compensation under section 46, pursuant to terms as agreed between the Government and 
the registered owner, or as determined by the cour t, 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 application for registration of the prescribed particulars of the transaction.   
[Trade Marks 1999 Ed., s. 39]   
 
Rights in application for registration 
35.—(1) Sections 32, 33 and 34 shall, with the n ecessary modifications, apply in relation to an 
application for registration of a design as they apply in relation to a registered design.   
 
(2) For the purposes of subsection (1), the referenc e in section 34 to the making of an application for 
registration of particulars shall be construed as a reference to the giving of a written notice to the 
Registrar in the prescribed manner of particulars of  the relevant transaction, instrument or event 
relating to the application for registration.    IP/N/1/SGP/D/1 
 Page 25 
 
 
   
Division 3 — Infringement Proceedings 
 
Infringement proceedings 
36.—(1) An infringement of a registered design is actionable by the registered owner.   
 (2) Subject to the provisions of this Act, the re lief the Court may grant in infringement proceedings 
includes —  
 
(a) an injunction (subject to such terms, if any, as the Court thinks fit); and  
 (b) either damages or an account of profits.   
(3) Subject to the provisions of this Act, no pro ceedings shall be taken for an infringement of a 
registered design committed before the date on which the certificate of registration of the design is issued under section 18.    
[HK Designs, s. 48; Trade Marks 1999 Ed., s. 31]   
 
Infringement proceedings by co-owner 
37.—(1) Subject to any agreement to the contrary, wher e there is more than one registered owner of a 
registered design, each of them shall be entitled to bring proceedings for an infringement of the 
design.    
(2) In proceedings taken by a registered owner by vi rtue of this section, the other registered owner or 
owners shall be made a party or parties to the pro ceedings, but if any other registered owner is made a 
defendant he shall not be liable for any costs or expenses unless he takes part in the proceedings.   
 
[HK Designs, s. 49]   
 
Infringement proceedings by exclusive licensee 
38.—(1) The holder of an exclusive licence under a regi stered design shall have the same right as the 
registered owner to bring proceedings for an infri ngement of the design committed after the date of 
the grant of the licence, and references to the regist ered owner in the provisions of this Act relating to 
infringement shall be construed accordingly.   
 (2) In awarding damages in any infringement procee dings taken by an exclusive licensee, the Court 
may take into consideration only the losses suffered or likely to be suffered by the exclusive licensee 
as a result of the infringement.    
(3) In ordering an account of profits in any infri ngement proceedings taken by an exclusive licensee, 
the Court may take into consideration only the profits derived from the infringement which are 
attributable to the infringement of the exclusive licensee’s rights.    (4) In any infringement proceedings taken by an ex clusive licensee, the registered owner need not be 
made a party to the proceedings, but if the registered  owner is made a defendant he shall not be liable 
for any costs or expenses unless he takes part in the proceedings.    
[HK Designs, s. 50; Patents 2002 Ed., s. 74]   
 
[21/2004] 
 IP/N/1/SGP/D/1 
Page 26  
 
  General restriction on recovery of damages or profits 
39.—(1) In infringement proceedings, the Court shall not award damages, nor make an order for an 
account of profits, against a defendant who proves th at at the date of the infringement he was not 
aware, and had no reasonable grounds for believing, that the design in question was registered.   
 
(2) For the purposes of subsection (1), a person shall not be taken to have been aware, or to have 
had reasonable grounds for believing, that the design was registered by reason only of the application 
to an article, or to any printed matter accompanying an article, of th e word “registered”, or any word 
or words or abbreviation expressing or implying that the design has been registered, unless the registration number of the design accompanied the word or words or abbreviation.   
 
[HK Designs, s. 51]   
 
Order for delivery up 
40.—(1) Where the defendant to proceedings for in fringement of a registered design has in his 
possession —  
 
(a) any infringing article in relation to that design; or   (b) anything predominantly used for the making of infringing articles, which the defendant knows or has reason to believe has been or is to be used to make infringing articles,  
 
the Court may, in addition to any relief granted un der section 36, order the article or thing to be 
delivered to the plaintiff.    (2) No order shall be made under this section unless the Court also makes, or it appears to the Court 
that there are grounds for making, an order under section 41.   
 (3) A person to whom any article or thing is delivered up in pursuance of an order made under this 
section shall, if an order under section 41 is not made , retain them pending the making of an order, or 
the decision not to make an order, under that section.    
(4) In this section and section 41, an article is an “infringing article” in relation to a registered design 
if the design or a design not substantially different  from it has been applied to the article and —  
 
(a) the application of the design to the ar ticle was an infringement of the design;  
 
(b) the article is imported into Singapore in  such a way as to infringe the design; or  
 (c) the article is sold, let for hire, or offered or  exposed for sale or hire in Singapore in such a 
way as to infringe the design.   
[Trade Marks 1999 Ed., s. 33]   
 
Order for disposal 
41.—(1) Where any infringing article or thing has been delivered up in pursuance of an order made 
under section 40, an application may be made to the Court —   
(a) for an order that it be destroyed or forfeite d to such person as the Court thinks fit; or  
 (b) for a decision that no such order should be made.    IP/N/1/SGP/D/1 
 Page 27 
 
 
  (2) In deciding what order, if any, should be made, the Court shall have regard to —  
 
(a) whether other remedies available in proceed ings for infringement would be adequate to 
compensate the plaintiff and protect his interest; and   
(b) the need to ensure that no infringing article or  thing is disposed of in a manner that would 
adversely affect the plaintiff.   
(3) The Court shall issue directions as to service of notice on persons having an interest in the article or thing.   
 
(4) Any person having an interest in the article or thing is entitled —   
(a) to appear in proceedings for an order under this section, whether or not that person is 
served with notice; and  
 
(b) to appeal against any order made, whether or  not that person appears in the proceedings.  
 
(5) An order made under this section shall not take  effect until the end of the period within which 
notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, 
until the final determination or abandonm ent of the proceedings on appeal.   
 
(6) Where there is more than one person interested in the article or thing, the Court may direct that the 
article or thing be sold, or otherwise dealt with, and the proceeds divided, and shall make any other 
order as the Court thinks just.    
(7) If the Court decides that no order should be  made under this section, the person in whose 
possession the article or thing was before bei ng delivered up is entitled to its return.   
 
[Trade Marks 1999 Ed., s. 34]   
 
Declaration as to non-infringement 
42.—A declaration that an act does not, or a proposed act would not, constitute an infringement of a 
registered design may be made by the Court in any proceedings between the person doing or 
proposing to do the act and the registered owner, notwithstanding that no assertion to the contrary has 
been made by the registered owner, if it is shown that —   
(a) that person has applied in writing to the re gistered owner for a written acknowledgment to 
the effect of the declaration claimed, and has furnished him with full particulars in writing of 
the act in question; and   (b) the registered owner has refused or failed to give any such acknowledgment.  
 
[HK Designs, s. 55]   
 
Certificate of contested validity of registration 
43.—(1) If in any proceedings before the Court the va lidity of the registration of a design is contested, 
and the Court finds that the design is validly regi stered, the Court may certify the finding and the fact 
that the validity of the registration was so contested.   
 (2) If the Court gives such a certificate and in subse quent proceedings for infringement of the design 
or for revocation of the registration of the design —   IP/N/1/SGP/D/1 
Page 28  
 
  (a) the validity of the registration is again questioned; and  
 (b) the registered owner obtains a final order or judgment in his favour,   
the registered owner is entitled to his costs as between solicitor and client unless the Court 
directs otherwise.   
 (3) Subsection (2) does not extend to the costs of an appeal in any such proceedings.   
 
[UK Designs 1949, s. 25]   
 
Remedy for groundless threats of infringement proceedings 
44.—(1) Where a person (whether or not entitled to or  interested in a registered design or an 
application for registration of a design) threatens any other person with proceedings for infringement 
of a registered design, any person aggrieved thereb y may bring proceedings against the person making 
the threats for relief under this section.   
 (2) The relief which may be applied for are —   
(a) a declaration that the threats are unjustifiable;   
(b) an injunction against the continuance of the threats; and  
 (c) damages in respect of any loss he has sustained by the threats,   
and the plaintiff is entitled to such relief unless —   
 
(i) the defendant proves that the acts in respect  of which the proceedings were threatened 
constitute, or if done would constitute, an infringement of the design; and  
 (ii) the plaintiff fails to show that the registration of the design concerned is invalid.   
(3) Proceedings may not be brought under this section as regards a threat to bring proceedings for an 
infringement alleged to consist of th e making or importing of anything.   
 (4) For the purposes of this section, a notificatio n that a design is registered does not of itself 
constitute a threat of proceedings with in the meaning of this section.   
 
(5) Nothing in this section shall render an advocate a nd solicitor liable to an action under this section 
in respect of an act done by him in his professional capacity on behalf of a client.    
[UK Designs 1949, s. 26; HK Designs, s. 57]   
 
PART IV  
 
GOVERNMENT USE OF RE GISTERED DESIGNS  
 
Government use of registered designs 
45.—(1) Notwithstanding any of the provisions of  this Act, the Government and any person 
authorised in writing by the Government may u se any registered design for the services of the 
Government in accordance with section 46.     IP/N/1/SGP/D/1 
 Page 29 
 
 
  (2) The authority of the Government under subsection (1) may be —  
 
(a) given either before or after the registration of the design;   (b) given either before or after the acts in resp ect of which the authority is given are done; and  
 
(c) given to any person whether or not he is author ised, directly or indirectly, by the registered 
owner to use the design.   
(3) Without prejudice to the generality of s ubsection (1), any use of the design for —  
 
(a) the supply to the government of any country or territory outside Singapore, in pursuance of any agreement or arrangement between th e Government and the government of that 
country, of articles required —   
(i) for the defence of that country; or  
 (ii) for the defence of any other country whose government is party to any agreement 
or arrangement with the Government in respect of defence matters; or   
(b) the supply to the United Nations, or to the government of any country belonging to that 
organisation, of articles required for any arme d forces operating in pursuance of a resolution 
of that organisation or any organ of that organisation,   
shall be deemed to be a use of the design for th e services of the Government; and the power of the 
Government or a person authorised by the Govern ment to use the design shall include power —  
 
(A) to sell the articles to the government or to that organisation in pursuance of the agreement 
or arrangement; and   (B) to sell to any person any articles made in the exercise of the powers conferred by this 
section which are no longer required for th e purpose for which they were made.  
 
(4) Without prejudice to the generality of subsection (1 ), any use of a design to make an article, or any 
use of an article, for any purpose which appear s to the Government necessary or expedient —  
 
(a) to avoid prejudice to the security or defence of Singapore;  
 
(b) to assist in the exercise of powers and the implementation of civil defence measures 
during a state of emergency or state of civil defence emergency under the Civil Defence Act (Cap. 42); or   (c) for public non-commercial use,  
 
shall be deemed to be a use of the design for the services of the Government.    (5) The purchaser of any articles sold in the exerci se of powers conferred by subsection (1), and any 
person claiming through him, shall have the power to  deal with the articles as if the rights in the 
registered design were held on behalf of the Government.   
 (6) Notwithstanding any provision in any other wr itten law, the reproduction or publication of any 
model or document in connection with any use of a design made by virtue of subsection (1) shall be 
deemed not to constitute an infringement of any copy right subsisting in the document by virtue of the IP/N/1/SGP/D/1 
Page 30  
 
  Copyright Act (Cap. 63) or any right subsisting in a layout-design by virtue of the Layout-Designs of 
Integrated Circuits Act (Cap. 159A).    
[Patents 1995 Ed., s. 65; UK Designs 1949, Sch. 1 Paras 1 and 2]   
 
Terms of Government use 
46.—(1) If and so far as the design has, before the date of its registration, been applied by or on behalf 
of the Government otherwise than in consequence of the communication of the design, directly or 
indirectly, by the registered owner or any person from whom he derives title, any use of the design by 
virtue of section 45 may be made free of any royalt y or other payment to the registered owner.   
 
(2) If and so far as the design has not been so app lied, any use of the design made by virtue of 
section 45 at any time after the date of its regist ration, or in consequence of any communication 
referred to in subsection (1), shall be made on such terms —   
(a) as may be agreed upon, either before or af ter the use, between the Government and the 
registered owner; or   (b) in default of such agreement, as may be  determined by the Court on a reference under 
section 48.   
(3) Where a design has been made use of under this  section, the Government, unless it appears to the 
Government that it would be contrary to the public in terest to do so, shall inform the registered owner 
as soon as possible of the fact and furnish him with such information as to the use made of the design 
as he from time to time reasonably requires.     [UK Designs 1949, Sch. 1 Para 1]   
 
Provisions of licence, etc., to be ineffective 
47.—In relation to any use of a registered design, or  a design in respect of which an application for 
registration is pending, made for the services of the Government —   
(a) by the Government or a person authori sed by the Government under section 45; or  
 (b) by the registered owner or applicant for registration to the order of the Government,  
 
the provisions of any licence, assignment or agreement made, whether before, on or after 
13th November 2000, between —  
 
(i) the registered owner or applicant for regi stration or any person who derives title from him 
or from whom he derives title; and   (ii) a person other than the Government,  
 
shall be of no effect so far as those provisions —   
(A) restrict or regulate the use of the design or any model, document or information relating 
to it; or  
 
(B) provide for the making of payments in respect of, or calculated by reference to, such use.   
 
[UK Designs 1949, Sch. 1 Para 2]   
  IP/N/1/SGP/D/1 
 Page 31 
 
 
  References of disputes to Court 
48.—(1) Any dispute as to —  
 
(a) the exercise by the Government, or a person authorised by the Government, of the powers 
conferred by section 45;  
 
(b) the terms for the use of a design fo r the services of the Government; or  
 
(c) the right of any person to receive any pa rt of a payment pursuant to terms as agreed 
between the Government and the regi stered owner under section 46 (2),  
 
may be referred to the Court by either party to the dispute.    (2) In any proceedings under this section to which th e Government is a party, the Government may —  
 
(a) if the registered owner is a party to the proceedings, apply for revocation of the 
registration of the design upon any ground upon  which the registration may be revoked under 
this Act; or   (b) in any case, put in issue the validity of the registration of the design without applying for 
its revocation.  
 
(3) In determining under this section any dispute between the Government and any person as to the 
terms for the use of a design for the services of the Government, the Court shall have regard to any 
benefit or compensation which that person or any person from whom he derives title may have 
received, or may be entitled to receive, directly or indirectly, from the Government in respect of the 
design.   
 (4) One of 2 or more registered owners of a regi stered design may, without the concurrence of the 
others, refer a dispute to the Court under this sec tion, but shall not do so unless the others are made 
parties to the proceedings; but any of the others w ho has been made a defendant shall not be liable for 
any costs or expenses unless he takes part in the proceedings.   
 
[HK Designs, s. 40; UK Designs 1949, Sch. 1 Para 3]   
 
 
PART V  
 
ADMINISTRATIVE AND OTHER SUPPLEMENTARY PROVISIONS  
 
Division 1 — Registrar 
 
Registrar of Designs and other officers 49.—(1) There shall be a Registrar of Designs who sh all have control of the Registry of Designs.   
 (2) There shall be one or more Deputy Registrars of  Designs who shall, subject to the control of the 
Registrar, have all the powers and functions of the Registrar under this Act, other than the powers of 
the Registrar under section 50.   
 
(3) There shall be one or more Assistant Registrars of Designs.    IP/N/1/SGP/D/1 
Page 32  
 
  (4) The Registrar and all the other officers under this  section shall be appointed by the Minister.   
 
[Trade Marks 1999 Ed., s. 62]   
 
Delegation by Registrar 
50.—(1) The Registrar may, in relation to a particular matter or class of matters, by writing under his 
hand, delegate all or any of his pow ers or functions under this Act (ex cept this power of delegation) to 
an Assistant Registrar of Designs or any public offi cer so that the delegated powers and functions may 
be exercised by the delegate with respect to the matt er or class of matters specified in the instrument 
of delegation.   
 
(2) A delegation under this section is revocable at will and no delegation shall prevent the exercise of 
a power or function by the Registrar or by any Deputy Registrar of Designs.    
[Trade Marks 1999 Ed., s. 63]   
 
Registry of Designs 
51.—For the purposes of this Act, there shall be an  office which shall be known as the Registry of 
Designs.    
[Trade Marks 1999 Ed., s. 64]   
 
Seal of Registry 
52.—There shall be a seal of the Registry and impressi ons of the seal shall be judicially noticed.   
 
[Trade Marks 1999 Ed., s. 65]   
 
 
Division 2 — Register  
Register of Designs 
53.—(1) The Registrar shall maintain a register  to be known as the Register of Designs.   
 (2) There shall be entered in the Regi ster in accordance with this Act —  
 
(a) particulars of registered designs, including the dates of registration;   (b) the names of registered owners;   
(c) particulars of transactions affecting right s in registered designs and applications for 
registration of designs; and   (d) such other matters as the Registrar may think fit.   
(3) No notice of any trust, whether express, implied or constructive, shall be entered in the Register, 
and the Registrar shall not be affected by any such notice.    (4) The Register may be kept in whole or in part using a computer.    (5) Any record of a particular or other matter ma de by using a computer for the purpose of keeping 
the Register is taken to be an entry in the Register.   
  IP/N/1/SGP/D/1 
 Page 33 
 
 
  [UK Designs 1949, s. 17; Trade Marks 1999 Ed., s. 66]   
 
Rectification of Register 
54.—(1) The Court may, on the application of any pers on aggrieved, order the Register to be rectified 
by the making, or the variation or deletion, of any entry therein.   
 
(2) In proceedings under this section, the Court may determine any question which may be necessary 
or expedient to decide in connection with  the rectification of the Register.   
 (3) The Registrar shall, on receipt of the notice of an  order of the Court to rectify the Register, rectify 
the Register accordingly.   
 (4) A rectification of the Register under this section has effect as follows:   
(a) an entry made has effect from the da te on which it should have been made;  
 
(b) an entry varied has effect as if it had orig inally been made in its varied form; and  
 (c) an entry deleted shall be deem ed never to have had effect,  
 
unless, in any case, the Court directs otherwise.   
 
[UK Designs 1949, s. 20]   
 
Inspection of and extract from Register 
55.—(1) The Register shall be available at the Registry for inspection by any person during the hours 
when the Registry is open for business upon payment of the prescribed fee.   
 (2) If the Register, or any part thereof, is kept by using a computer, subsection (1) is satisfied if a person who wants to inspect the Register or that part thereof is given access to a computer terminal 
from which he can read on a screen, or obtain a prin ted copy of, the particulars or other matters 
recorded in the Register or that part thereof.   
 
(3) Any person who applies for a certified copy of an  entry in the Register or a certified extract from 
the Register shall be entitled to obtain such copy or extract on payment of the prescribed fee.   
 (4) In relation to any portion of the Register kept otherwise than in documentary form, the right to 
a copy or an extract conferred by subsection (3) is a ri ght to a copy or an extract in a form in which it 
can be taken away.    (5) In this section, “certified copy” and “certified extr act” mean a copy and an extract certified by the 
Registrar and sealed with the seal of the Registry.    [Trade Marks 1999 Ed., s. 68]   
 
Division 3 — Powers of Registrar  
Costs in proceedings before Registrar 
56.—(1) The Registrar may, in proceedings before him under this Act, by order award to any party 
such costs as he may consider reasonable and direct how and by what parties they are to be paid.   
 
(2) The rules may provide for the ta xation of the costs, or any part thereof, by the Registrar.   IP/N/1/SGP/D/1 
Page 34  
 
   
(3) A party desirous to obtain costs or to have the costs taxed shall apply to the Registrar in accordance with the rules.    (4) If a party is ordered to pay the costs of anothe r party, the costs may be recovered in a court of 
competent jurisdiction as a debt due by the first party to the other party.   
 
[Trade Marks 1999 Ed., s. 69]   
 
Correction of Register 
57.—(1) The Registrar may, in accordance with the pr ovisions of this section, correct any clerical 
error in the Register.    (2) A correction may be made under this section e ither upon a request in writing made by any person 
interested, or on the Registrar's own initiative.   
 
(3) A request referred to in subsection (2) shall be  made in the prescribed form and be accompanied 
by the prescribed fee.    (4) The Registrar shall not be obliged to correct on his own initiative any error not due to the default 
of the Registrar.   
 
(5) Where the Registrar proposes to make any correc tion on his own initiative, he shall give notice of 
the proposal to every person who appears to him to be  likely to be affected by the correction, and shall 
give him an opportunity to be heard before making the correction.    [UK Designs 1949, s. 21]   
 
Powers of Registrar 
58.—The Registrar may, for the purposes of this Act —  
 
(a) summon witnesses;  
 
(b) receive evidence on oath, whether orally or otherwise; and   (c) require the production of documents or articles.   
[Patents 1995 Ed., s. 8]   
 
Disobedience to summons an offence 
59.—(1) A person who has been summoned to appear as a witness before the Registrar shall not, 
without lawful excuse, fail to appear  in obedience to the summons.   
 
(2) A person who has been required by the Registra r to produce a document or an article shall not, 
without lawful excuse, fail to produce the document or article.    (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable 
on conviction to a fine not exceeding $2,000 or to im prisonment for a term not exceeding 3 months or 
to both.   
 
[Patents 1995 Ed., s. 9]   
  IP/N/1/SGP/D/1 
 Page 35 
 
 
  Refusal to give evidence an offence 
60.—(1) A person who appears before the Registrar sh all not, without lawful excuse, refuse to be 
sworn or to make an affirmation, or to produce do cuments or articles, or to answer questions, which 
he is required by the Registrar to produce or answer.    
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on 
conviction to a fine not exceeding $2,000 or to im prisonment for a term not exceeding 3 months or to 
both.    
[Patents 1995 Ed., s. 10]   
 
Immunity of Office and Registrar as regards official acts 
61.—Neither the Office nor the Registrar nor any person acting under his authority —  
 
(a) shall be taken to warrant the validity of th e registration of any design registered under this 
Act or under any treaty, convention, arrangeme nt or engagement to which Singapore is a 
party; or   (b) shall be subject to any liability by reas on of, or in connection with, any examination 
required or authorised by this Act, or any such treaty, convention, arrangement or engagement, or any report or other proceedi ngs consequent on such examination.  
 
[HK Designs, s. 74]   
[3/2001] 
 
Appeal from decision or order of Registrar 
62.—(1) Except as provided by rules made under this Act, an appeal lies to the Court from any 
decision or order of the Registrar under this Act.    (2) Any appeal under this Act which concerns an app lication for registration of a design shall be heard 
in camera unless the Court otherwise directs.    
(3) In this section, "decision" includes any act of th e Registrar done in the exercise of a discretion 
vested in him by or under this Act.    
[HK Designs, s. 58]   
 
Exercise of discretionary power 
63.—Where any discretionary power is given to the Registrar by this Act, the Registrar shall not 
exercise the power without giving to any person who may be adversely affected by his decision an opportunity to be heard.    
[HK Designs, s. 73]   
 
Division 4 — Hours of Business of Registry  
Hours of business and excluded days 
64.—(1) The Registrar may issue practice directions to specify —  
 
(a) the hours of business of the Registry; and  
 
(b) the days which are to be treated as excluded days.    IP/N/1/SGP/D/1 
Page 36  
 
   
[44/2004] 
 
(2) The Minister may prescribe the effect of doing any business under this Act —   
(a) on any day after the hours of business of the Registry; or  
 (b) on any day which is an excluded day.    
[44/2004] 
 
(3) For the purposes of subsections (1) and (2) —   
(a) different hours of business may be speci fied for different classes of business;  
 
(b) different excluded days may be specified for different classes of business; and  
 (c) different effects of doing business —   
(i) outside the hours of business of the Registry; or   
(ii) on an excluded day,  
 
may be prescribed for different classes of business.   
[Trade Marks 1999 Ed., s. 78]   
[44/2004] 
 
 
PART VA 
 
THE GENEVA ACT OF THE HAGUE AGREEMENT, ETC.  
 
Power to make provision giving effect to the Geneva Act of the Hague Agreement, etc. 
64A. —(1) The Minister may make rules to give effect in Singapore to the provisions of the Geneva 
Act of the Hague Agreement or of any other treaty,  convention, arrangement or engagement relating 
to designs to which Singapore is a party.    
 
[44/2004] 
 
(2) Without prejudice to the generality of subsecti on (1), rules may, in particular, be made to 
provide for —   
(a) the procedures to be followed for the filing of  applications for international registrations 
through the Registry;   (b) the procedures to be followed where an app lication for international registration fails or 
the international registration ceases to be in force;  
 
(c) the effects of a successful application for international registration designating Singapore 
as a country in which the design is to be registered;    IP/N/1/SGP/D/1 
 Page 37 
 
 
  (d) the communication of information to the International Bureau; and  
 (e) the payment of fees (including transmittal fees) and amounts prescribed in respect of applications for international registra tions, corrections and renewals.    
 
[44/2004] 
 
(3) Provision may also be made in the rules to apply, in relation to an international design 
(Singapore), the provisions of section 44 and Parts IV and VI.     
[44/2004] 
 
(4) In this section —   
"Geneva Act of the Hague Agreement" means the Act, signed at Geneva on 2
nd July 1999, of 
the Hague Agreement Concerning the Interna tional Registration of Industrial Designs;  
 "International Bureau" means the Internationa l Bureau of the World Intellectual Property 
Organisation;   "international design (Singapore)" means —    
 
(a) a design which is entitled to protection in Singapore under the Geneva Act of the 
Hague Agreement; or   (b) a design prescribed by the Minister as an international design (Singapore);  
 
"international registration" means the internationa l registration of an industrial design effected 
according to the Geneva Act of the Hague Agreement.      
[44/2004] 
 
PART VI  
 
OFFENCES  
 
Falsification of Register, etc. 
65.—Any person who —  
 
(a) makes, or causes to be made, a false entry in the Register;   (b) makes, or causes to be made, any thing fal se purporting to be a copy of an entry in the 
Register; or  
 
(c) produces or tenders or causes to be produced or tendered in evidence any thing referred to 
in paragraph (b),   
knowing or having reason to believe the entry or thin g, as the case may be, is false shall be guilty of 
an offence and shall be liable on conviction to a fi ne not exceeding $50,000 or to imprisonment for a 
term not exceeding 5 years or to both.    
[HK Designs, s. 85; Trade Marks 1999 Ed., s. 50]   IP/N/1/SGP/D/1 
Page 38  
 
   
False representation that design is registered 
66.—(1) Any person who falsely represents that a design applied to any article disposed of by him for 
value is registered in respect of that article sh all be guilty of an offence and shall be liable on 
conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or 
to both.   
 (2) For the purposes of subsection (1), a person sha ll be deemed to represent that a design applied to 
any article is registered in respect of that article, if there is stamped, engraved, or impressed on or otherwise applied to the article the word "registe red" or anything expressing or implying that the 
design applied to the article has been regi stered in respect of that article.   
 (3) Any person who, after the right in a registered design has expired, marks any article to which the 
design has been applied with the wo rd "registered", or anything implying that there is a subsisting 
right in the design under this Act, or causes any such  article to be so marked, shall be guilty of an 
offence and shall be liable on conviction to a fi ne not exceeding $10,000 or to imprisonment for a 
term not exceeding 12 months or to both.    
[HK Designs, s. 86]   
 
Offences by partnership or body corporate 
67.—(1) Proceedings for an offence under this Act alleged to have been committed by a partnership 
shall be brought against the partnership in the name of the firm and not in that of the partners; but 
without prejudice to any liability of the partners under subsection (3).    (2) A fine imposed on a partnershi p on its conviction in such proceed ings shall be paid out of the 
partnership assets.   
 (3) Where a partnership is guilty of an offence under this Act, every partner, other than a partner who 
is proved to have been ignorant of or to have atte mpted to prevent the commi ssion of the offence, is 
also guilty of the offence and liable to be pr oceeded against and punished accordingly.   
 
(4) Where an offence under this Act committed by a bo dy corporate is proved to have been committed 
with the consent or connivance of a director, manage r, secretary or other similar officer of the body 
corporate, or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished 
accordingly.   
 
[Trade Marks 1999 Ed., s. 107]   
 
Composition of offences 
68.—(1) The Registrar or any person authorised by him in writing may, in his discretion, compound 
any offence under this Act which is prescribed as a compoundable offence by collecting from a 
person reasonably suspected of ha ving committed the offence a sum of money not exceeding $2,000.   
 
[3/2001] 
 
(2) The Office may, with the approval of the Mini ster, make regulations to prescribe the offences 
which may be compounded.    
 
[3/2001]  
  IP/N/1/SGP/D/1 
 Page 39 
 
 
  (3) On payment of such sum of money, no further proceedings shall be taken against such person in 
respect of the offence.     
[3/2001]  
 (4) All sums collected under this section shall be paid into the funds of the Office.    
 
[3/2001] 
 
PART VII 
 
MISCELLANEOUS AND GENERAL PROVISIONS 
 
Recognition of agents 
69.—Except as otherwise provided by rules made under this Act, any act required or authorised by 
this Act to be done by or to any person in conne ction with the registration of a design, or any 
procedure relating to a registered design or the regist ration of a design, may be done by or to an agent 
authorised by that person orally or in writing.    
[Trade Marks 1999 Ed., s. 80]   
 
General powers of Court 
70.—The Court, for the purpose of determining any questi on in the exercise of its original or appellate 
jurisdiction under this Act, may make any order or exercise any other power which the Registrar 
could have made or exercised for the pur pose of determining that question.   
 [HK Designs, s. 60]   
 
Costs in proceedings before Court 
71.—In all proceedings before the Court under this Ac t, the Court may award to any party (including 
the Registrar) such costs as it may consider reasona ble, but the Registrar shall not be ordered to pay 
the costs of any other of the parties.   
 
[Trade Marks 1999 Ed., s. 104]   
 
Certificate of Registrar 
72.—A certificate purporting to be under the hand of the Registrar as to any entry, matter or thing 
which he is authorised to make or do under this Ac t shall be prima facie evidence of the entry having 
been made, and of contents thereof, and of the matter or thing having been done or not done.    
 
[Trade Marks 1999 Ed., s. 103]   
 
Fees to be paid to Office 
73.—All fees collected in connection with any proceedi ngs or other matter before the Registrar or the 
Registry, or in connection with the provision of any service by the Registry, shall be paid into the 
funds of the Office.     
[3/2001] 
 IP/N/1/SGP/D/1 
Page 40  
 
  General power to make rules 
74.—(1) The Minister may, after consulting with the Office, make rules —  
 
(a) for any purpose for which rules are required or authorised to be made under this Act;  
 
(b) for prescribing matters authorised or required by this Act to be prescribed;  
 
(c) for prescribing matters necessary or convenient to be prescribed for carrying out or giving 
effect to this Act; and  
 
(d) generally for regulating the practice and pr ocedure of any proceedings or other matter 
before the Registrar.    
[3/2001] 
 (2) Without prejudice to the generality of subsecti on (1), rules made under this section may make 
provision —   
(a) prescribing the manner of filing of applications or other documents;  
 
(b) requiring persons to make such statutory d eclarations as may be prescribed in support of 
any application, notice or request;  
 (c) requiring and regulating the translation of documents and the filing and authentication of 
any translation;   
(d) relating to the service of documents;  
 (e) authorising the rectification of irregularities of procedure;   (f) prescribing the forms to be used for any pur pose relating to the registration of a design or 
any other proceedings or matters before the Registrar;  
 
(g) requiring fees to be paid in connection with any proceedings or matters before the 
Registrar or in connection with the provision of any services by the Registry and prescribing 
those fees;   
(h) empowering the Registrar, in such cases as  may be prescribed, to require a party to any 
proceedings before the Registrar to give security  for costs, in relation to those proceedings or 
to proceedings on appeal, and providing for th e consequences if security is not given;  
 (i) regulating the mode of giving evidence in  any proceedings before the Registrar and 
empowering the Registrar to compel the attendance of witnesses and the discovery and 
production of documents;  
 (j) prescribing time limits for doing anything required to be done in connection with any 
proceedings or matters under this Act;   
(k) providing for the extension of any time limit so prescribed or specified by the Registrar, 
whether or not it has already expired;   (l) providing for the publication of the practice directions issued by the Registrar;    IP/N/1/SGP/D/1 
 Page 41 
 
 
  (m) providing for the publication of the forms to be used for any purpose relating to the 
registration of a design or any other proceedi ngs or matters before the Registrar; and  
 (n) providing for the publication and sale of doc uments by the Registry and of information 
about such documents.    
 
[44/2004] 
 
(3) Rules made under this section may make different provisions for different cases.    Rules relating to application for registration 
75.—(1) Without prejudice to the generality of section 74, the Minister may, for the purposes of 
section 11, make rules providing that an application for registration of a design shall or may contain —   
(a) a statement describing the representation of the design;  
 (b) a statement describing the features of the desi gn which the applicant considers to be new;  
 (c) the classification of the articles to which th e design is intended to be applied, according to 
any class or sub-class specified by the rules; and  
 
(d) a sample of the article to which the d esign reproduced in the representation is to be 
applied.   
(2) Rules made under this section may provide fo r the manner in which the following are to be 
claimed in connection with an application for registration:  
 
(a) any claim that section 8, 9 or 10 a pplies in relation to the application;  
 (b) any claim to a right of priority under section 12 or 13.   
Savings 
76.—A reference in any law or document to the re pealed United Kingdom Designs (Protection) Act 
(Cap. 339, 1985 Ed.) shall, unless the context otherwi se requires, be construed as a reference to this 
Act.   Transitional provisions 
77.—(1) The provisions of the Schedule have e ffect with respect to transitional matters 
notwithstanding the provisions of this Act.    (2) The Minister may, by order published in the Gazette, amend the provisions of the Schedule.    
(3) The Minister may by rules make such trans itional provisions in relation to the Copyright Act 
(Cap. 63) as he may consider necessary or expedient.    IP/N/1/SGP/D/1 
Page 42  
 
  THE SCHEDULE  
Section 77 (1) 
TRANSITIONAL PROVISIONS 
 
Preliminary 
 
1.—(1) In this Schedule, unless the context otherwise requires —  
 
"initial period of registration" , in relation to a relevant desi gn, means the initial period of its 
registration referred to in paragraph 2 (3);  
 
"relevant design" means a design that is deemed  to be a registered design for the purposes of 
this Act by virtue of paragraph 2 (1);   "UK Act" means the Registered Designs Act 1949 of the United Kingdom (U.K. 1949, c.88), 
as amended and as applied to Singapore by th e United Kingdom Designs (Protection) Act 
(Cap. 339, 1985 Ed.);   "UK Register" means the register of designs maintained under section 17 of the UK Act.   
(2) Unless the context otherwise requires, any word or  expression used in this Schedule and defined in 
the UK Act has the same meaning as in that Act.   
 (3) For the purposes of this Schedule and the avoidance of doubt, the date of registration of a design under the UK Act shall be determined in accord ance with *section 3 (5) of the UK Act.   
 
* Section 3 (5) of the UK Act is the section in force as of the date of operation of the Singapore 
Registered Designs Act (13th November 2000).      
Relevant Designs  
 
2.—(1) A design registered under the UK Act before 13th November 2000 shall be deemed to be a 
registered design for the purposes of this Act in resp ect of the article for which it is registered under 
the UK Act if the registration has not expired or been cancelled on 13th November 2000.   
 (2) For the avoidance of doubt, the reference in s ub-paragraph (1) to a design registered under the UK 
Act before 13th November 2000 includes a reference to a design registered under the UK Act the date 
of registration of which is deemed, under *secti on 3 (5) of the UK Act, to be a date before 
13th November 2000.   
 
* Section 3 (5) of the UK Act is the section in force as of the date of operation of the Singapore 
Registered Designs Act (13th November 2000)    (3) The registration of a design that is deemed to be a registered design under sub-paragraph (1) shall 
be for an initial period that ends on the earlier of —  
 
(a) the date of expiry of the period for wh ich the right in the design is subsisting on 
13th November 2000, if the period may not be ex tended under section 8 (2) of the UK Act; or  
  IP/N/1/SGP/D/1 
 Page 43 
 
 
  (b) the date the period falls due for extensi on, if the period may be extended under that 
section.   
Extension of Registration 
 
3.—(1) The period of registration of a relevant d esign may be extended for additional periods of 5 
years at a time, but the total period of registration may not exceed 25 years from the date of its 
registration under the UK Act.   
 (2) If the registered proprietor of the design desir es to extend the period of registration for a further 
period of 5 years from the expiry of its initial period of registration, he shall submit an application to 
the Registrar in accordance with sub-paragraph (3).    
(3) An application referred to in s ub-paragraph (2) shall be made before  the expiry of the initial period 
of its registration, and shall be accompanied by —   
(a) a representation of the design as registered under the UK Act;   
(b) a certified extract confirming registration of the design issued by the Registrar of the 
United Kingdom Designs Registry;   (c) such particulars of transactions affecting righ ts in the design for the time being entered in 
the UK Register as the Registrar may require;   
(d) such other information, documents or matte rs as may be required by the rules; and  
 (e) the prescribed renewal fee.   
(4) Section 21 (5) shall, with the necessary modifica tions, apply in relation to  an application referred 
to in sub-paragraph (2), except that no late fee referred to in section 21 (5) is payable for an 
application made within 6 months afte r the expiry of the initial period.   
 (5) After the grant of an application referred to in  sub-paragraph (2), the Registrar shall enter in 
the Register —  
 
(a) particulars of the relevant design, including  the date of its registration under the UK Act;  
 (b) the name of the registered proprietor of th e relevant design for the time being entered in 
the UK Register; and   
(c) such other matters as the Registrar may think fit.  
 
(6) Section 21 shall, with the necessary modifications , apply in relation to a ny further extension of 
the period of registration of a relevant design.    
(7) Rules may be made to provide for —  
 
(a) the form and manner of filing of an app lication for the extension of the period of 
registration of a relevant design, including the documents and information to be furnished by 
an applicant in support of his application;   
(b) the publication of any such renewal; and  IP/N/1/SGP/D/1 
Page 44  
 
   
(c) the right to inspect documents filed in suppor t of an application for the extension of the 
period of registration of a relevant design, or  to request for information relating to such 
application or the design concerned, and th e conditions for the exercise of such a right, 
including any fee for the inspection or information.  
 
 
Application of Act to Relevant Designs  
 
4.—For the purposes of this Act —  
 
(a) the registered owner of a relevant design —   
(i) during the initial period of registration of the design, shall be the person whose 
name is for the time being entered in the UK Register as the registered proprietor of the design; or   (ii) after the expiry of that period and the grant of an application referred to in 
paragraph 3 (2) in relation to the design, shall be the person whose name is for the 
time being entered in the Register as the owner of the design; and   
(b) the date of registration of a relevant design shall be the date of its registration under the 
UK Act.   
5.—A reference in section 5 (2) to a design register ed in pursuance of a prior application shall be 
construed as including a reference to a relevant  design that is registered under the UK Act in 
pursuance of a prior application under that Act.   6.—(1) An application under section 23 or 27, or a surrender of registration under section 26, may be 
made in relation to a relevant design only after th e expiry of the initial period of registration of the 
design and the grant of an application referred to in paragraph 3 (2) in relation to the design.   
 (2) Any cancellation of the registration under the UK Act of a relevant design pursuant to section 11 
of that Act, that is carried out —  
 
(a) during the initial period of registration of the design; or   (b) after that period but pursuant to a request  or application made during that period,  
 
shall for the purposes of this Act be treated as a surrender or revocation (as the case may be) of the 
registration under this Act and shall have the same force and effect as if it had been made under this 
Act.    7.—(1) Sections 28, 29 and 53 (2) shall not a pply in relation to a relevant design.   
 
(2) After the renewal of the registration of a rele vant design under paragraph 3 (2) and upon the filing 
of a written request by any person in the prescribed manner and the payment of the prescribed fee, the 
Registrar shall —   
(a) give the person making the request such information; and   
(b) permit him to inspect such documents,   IP/N/1/SGP/D/1 
 Page 45 
 
 
   
relating to the application for renewal of the desi gn concerned (including any representation or sample 
of the design) as may be specified in the request , subject, however, to such conditions as may be 
prescribed.    
(3) Rules may be made empowering the Registrar to refuse any request in resp ect of such information 
or documents as may be prescribed.    8.—(1) An application under section 34 for the regi stration of the particulars of a registrable 
transaction in relation to a relevant design may be made only after the expiry of the initial period of 
registration of the design and the grant of an appli cation referred to in paragr aph 3 (2) in relation to 
the design.    (2) An application for registration under section 19 of the UK Act in respect of a registrable 
transaction in relation to a relevant design, being an application made at any time before the end of the 
initial period of registration of the design, sha ll, for the purposes of section 34, be treated as an 
application under that section for the registration of the particulars of that transaction and shall have 
the same force and effect as such an application.    (3) For the purposes of this paragraph, “registrab le transaction” has the meaning given to that 
expression in section 34 (2).   
 
9.—(1) An application under section 54 for the rectifi cation of the Register in relation to a relevant 
design may be made only after the expiry of the in itial period of registration of the design and the 
grant of an application referred to in para graph 3 (2) in relation to the design.   
 
(2) Where, pursuant to an application made under s ection 20 of the UK Act before the expiry of the 
initial period of registration of a relevant design, any rectification is ordered to be made to the UK 
Register in respect of the design, the Registrar sh all, either on his own in itiative or upon application 
by an interested party, make a corresponding rec tification of the Register, and section 54 (4) shall 
have effect as if the rectification were a r ectification made pursuant to section 54 (3).   
 
 
LEGISLATION HISTORY 
 
1. Act 25 of 2000 — Registered Designs Act 2000 
         
Date of First Reading : 30.6.2000 (Bill No. 19/2000 published on 
1.7.2000) 
Date of Second and Third Readings : 25.8.2000 Date of commencement : 13.11.2000          
2. Act 3 of 2001 — Intellectual Pr operty Office of Singapore Act 2001 
(Consequential amendments made by) 
         
Date of First Reading : 12.1.2001 (Bill No. 1/2001 published on 
13.1.2001) 
Date of Second and Third Readings : 22.2.2001 IP/N/1/SGP/D/1 
Page 46  
 
  Date of commencement : 1.4.2001 
         
3. Act 26 of 2001 — Statutes (Miscellaneous Amendments and Repeal) Act 2001 
         
Date of First Reading : 11.7.2001 (Bill No. 24/2001 published on 
12.7.2001) 
Date of Second and Third Readings : 25.7.2001 Date of commencement : 1.9.2001 (except sections 3 and 17)Section 
3 (1.3.2002)Section 17 (22.8.2001) 
         
4. Act 21 of 2004 — Intellectual Property (Miscellaneous Amendments) Act 2004 
         
Date of First Reading : 19.5.2004 (Bill No. 20/2004 published on 
20.5.2004) 
Date of Second and Third Readings : 15.6.2004 Date of commencement : 1.7.2004          
5. Act 44 of 2004 — Registered Designs (Amendment) Act 2004  
         
Date of First Reading : 21.9.2004 (Bill No. 42/2004 published on 
22.9.2004) 
Date of Second and Third Readings : 19.10.2004 Date of commencement : 1.1.2005          
 
 
COMPARATIVE TABLE  
 
The following provisions in the Registered Designs Act 2000 (Act 25 of 2000) were renumbered by 
the Law Revision Commissioners in the 2001 Revised Edition.     
This Comparative Table is provided for the convenien ce of users. It is not part of the Registered 
Designs Act.  
 
2001 Ed.  Act 25 of 2000
28—(5) and (6) 28—(5) 
68 67A 
69 68 
70 69 
71 70 
72 71  IP/N/1/SGP/D/1 
 Page 47 
 
 
  73 73A 
74 72 
75 73 
Omitted  74— (1) 
76 (2) 
77—(1) and (2) 75— (1) and (2)
(3) 76—(2) 
Omitted 76—(1) 
  
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