1S 574/2017

First published in the Government Gazette, Electronic Edition, on 6 October 2017 at 5 pm.

No. S 574
REGISTERED DESIGNS ACT(CHAPTER 266)
REGISTERED DESIGNS (AMENDMENT NO. 2) RULES 2017
In exercise of the powers conferred by section 74 of the Registered
Designs Act, the Minister for Law, after consulting with theIntellectual Property Office of Singapore, makes the following Rules:
Citation and commencement
1. These Rules are the Registered Designs (Amendment No. 2)
Rules 2017 and come into operation on 30 October 2017.
Amendment of rule 2
2. Rule 2(1) of the Registered Designs Rules (R 1) (called in theseRules the principal Rules) is amended by inserting, immediately
before the definition of “Designs Journal”, the following definition:“   “classification” means the classification of an article, anon‑physical product or a set of articles and non‑physicalproducts to which a design is intended to be applied, or inrespect of which a design is registered, in accordance with any
practice directions issued by the Registrar under rule 26;”.
Deletion and substitution of rule 12
3. Rule 12 of the principal Rules is deleted and the following
rule substituted therefor:“Industrial application of designs
12.––(1) For the purposes of section 9 of the Act, on or after
30 October 2017 but before 30 October 2018, a design is tobe regarded as having been applied industrially in relation toarticles, if ––(a) the design is applied to one or more articles (not beinghand‑made articles) that are manufactured in lengths; or(b) the design is applied to more than 50 articles, no 2 ormore of which are part of the same set of articles.

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2(2) For the purposes of section 9 of the Act, on or after
30 October 2018, a design is to be regarded as having been
applied industrially in relation to articles, if ––(a) the design is applied to one or more articles (not being
hand‑made articles) that are manufactured in lengths
or in pieces;(b) the design is applied to more than 50 articles, no 2 ormore of which are part of the same set of articles; or(c) all of the following apply:(i) the design is applied to articles and non‑physicalproducts;(ii) the total of the number of those articles, andthe number of those non‑physical products thatcan be projected simultaneously by one or more
activated devices for projecting non‑physicalproducts, is more than 50;(iii) no 2 or more of those articles and non‑physicalproducts are part of any of the following:(A) the same set of articles;(B) the same set of non‑physical products;(C) the same set of articles and non‑physicalproducts.
(3) For the purposes of section 9 of the Act, on or after
30 October 2018, a design is to be regarded as having been
applied industrially in relation to non‑physical products ordevices for projecting non‑physical products, if ––(a) all of the following apply:(i) the design is applied to non‑physical products;(ii) more than 50 of those non‑physical products
can be projected simultaneously by one or more
activated devices for projecting non‑physicalproducts;(iii) no 2 or more of those non‑physical products arepart of the same set of non‑physical products; or(b) all of the following apply:(i) the design is applied to articles and non‑physicalproducts;

3S 574/2017(ii) the total of the number of those articles, andthe number of those non‑physical products thatcan be projected simultaneously by one or more
activated devices for projecting non‑physicalproducts, is more than 50;(iii) no 2 or more of those articles and non‑physicalproducts are part of any of the following:(A) the same set of articles;(B) the same set of non‑physical products;(C) the same set of articles and non‑physicalproducts.
(4) For the purposes of paragraphs (1), (2) and (3), the dateon which the design is applied to an article or a non‑physicalproduct is irrelevant.”.
Amendment of rule 14
4. Rule 14 of the principal Rules is amended ––(a) by deleting paragraph (1A) and substituting the following
paragraph:“(1) The Registrar may issue practice directions
to indicate, for each design in an application forregistration ––(a) the maximum number of different views of thedesign that may be filed as representations of
the design; and(b) the dimensions of each view.”; and(b) by inserting, immediately after paragraph (3), the following
paragraphs:“(4) Where the application is made for the registrationof a design intended to be applied to a set of non‑physicalproducts, the representation must show the design asapplied to each different non‑physical product in the set.
(5) Where the application is made for the registrationof a design intended to be applied to a set of articles
and non‑physical products, the representation must show
the design as applied to each different article and eachdifferent non‑physical product in the set.”.

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4Deletion and substitution of rule 15
5. Rule 15 of the principal Rules is deleted and the following
rule substituted therefor:“Statement of novelty
15.––(1) The application form must contain, for each design,
a statement describing the features of the design that theapplicant considers to be new.
(2) Paragraph (1) does not apply to any features of patternor ornament to be applied to any textile article, wallpaper orsimilar wall covering, lace or set of textile articles or lace.”.
Amendment of rule 17
6. Rule 17 of the principal Rules is amended ––(a) by inserting, immediately after the words “the applicant claims
that section 8” in paragraph (1), the words “, 8A or 8B”;(b) by inserting, immediately after the words “in relation to”
in paragraph (1), the words “any design in”;(c) by deleting sub‑paragraph (a) of paragraph (2) andsubstituting the following sub‑paragraph:“(a) identify ––(i) each design mentioned in paragraph (1); and(ii) the provision of section 8, 8A or 8B of theAct that applies in relation to that design;”;and(d) by deleting the words “confidential disclosure” in the rule
heading and substituting the words “disclosure of design”.
Amendment of rule 18
7. Rule 18 of the principal Rules is amended ––(a) by inserting, immediately after the words “in relation to”
in paragraph (1), the words “any design in”; and(b) by inserting, immediately after the word “articles” in therule heading, the words “or non‑physical products”.

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Amendment of rule 19
8. Rule 19 of the principal Rules is amended ––(a) by deleting the words “a right of priority is claimed” inparagraph (1) and substituting the words “an applicantclaims a right of priority in relation to any design in theapplication”;(b) by deleting the words “the article” in paragraph (2)(c)and substituting the words “each article or non‑physicalproduct”;(c) by deleting the words “in accordance with theThird Schedule” in paragraph (2)(c); and(d) by deleting the word “articles” wherever it appears inparagraphs (2)(d) and (e) and (2A)(d) and substituting ineach case the words “articles or non‑physical products”.
Amendment of rule 20
9. Rule 20 of the principal Rules is amended by deleting
paragraph (1) and substituting the following paragraph:“(1) Where any design in an application for registration
is a 2‑dimensional design intended to be applied to a textile
article, the application may be accompanied by a sample ofthe article.”.
Deletion and substitution of rule 22
10. Rule 22 of the principal Rules is deleted and the following
rule substituted therefor:“Multiple designs in one application
22. For the purposes of section 11(4)(b) of the Act, theother requirements that an application for the registration of 2
or more designs must comply with are as follows:(a) the registration of all of those designs must be applied
for at the time of filing the application form;(b) the application is for the registration of not more than
50 designs.”.

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Amendment of rule 25
11. Rule 25(5) of the principal Rules is amended ––(a) by deleting sub-paragraph (A) of sub‑paragraph (b)(i); and(b) by inserting, immediately after the words “RegisteredDesigns (International Registration) Rules 2005” insub‑paragraph (b)(i)(B)(BB), the words “(G.N. No. S 177/2005)”.
Deletion and substitution of rule 26
12. Rule 26 of the principal Rules is deleted and the followingrule substituted therefor:“Classification
26. For the purposes of the registration of a design, eacharticle, non‑physical product or set of articles and non‑physicalproducts to which the design is intended to be applied is to beclassified in accordance with any practice directions that theRegistrar may issue under this rule.”.
Amendment of rule 27
13. Rule 27 of the principal Rules is amended ––(a) by deleting paragraph (1) and substituting the following
paragraphs:“(1) For the purposes of paragraph (b) of the definitionof “formal requirements” in section 2(1) of the Act, therequirements of rules 10, 11, 13, 14, 15, 17, 18 and 19(being rules made for the purposes of section 11 of theAct) are formal requirements.
(1A) For the purposes of section 16 of the Act and thisrule, the Registrar need not take into account any document
filed by an applicant after the Registrar has started examining
the applicant’s application for registration of a design.”;(b) by deleting paragraph (3) and substituting the following
paragraphs:“(3) Except in the case mentioned in paragraph (3A),
the applicant must, within 3 months after the date of thewritten notice mentioned in paragraph (2), respond to thewritten notice by doing at least one of the following acts:(a) make representations in writing;7

S 574/2017(b) apply to the Registrar in Form HC4 for ahearing;(c) apply to correct the non-compliance.
(3A) Where the written notice mentioned inparagraph (2) states that the application (called inthis paragraph the original application) fails to comply
with either or both of the formal requirements ofsection 11(2)(c) and (4)(a) of the Act, and the Registrar,by the written notice, invites the applicant undersection 16A(1) of the Act to correct the non‑complianceby filing one or more new applications under section 11of the Act, the following apply:(a) if the written notice states that the original
application fails to comply with the formal
requirement of section 11(2)(c) of the Act, theapplicant must, within 3 months after the dateof the written notice, respond to the written
notice by doing at least one of the following:(i) make representations in writing;(ii) apply to the Registrar in Form HC4 for ahearing;(iii) do both of the following acts:(A) file one or more new applications
under section 11 of the Act;(B) apply to correct the non‑compliance;(b) if the written notice states that the original
application fails to comply with the formal
requirement of section 11(4)(a) of the Act, theapplicant must, within 3 months after the dateof the written notice, respond to the written
notice by doing at least one of the following:(i) make representations in writing;(ii) apply to the Registrar in Form HC4 for ahearing;(iii) do both of the following acts:(A) file one or more new applications
under section 11 of the Act;

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8(B) file a notice of withdrawal under
section 14 of the Act in relation tothe original application;(c) if the applicant wishes to respond to thewritten notice by filing one or more newapplications under section 11 of the Act, andby doing either or both of the acts mentioned
in sub‑paragraphs (a)(iii)(B) and (b)(iii)(B) ––(i) the applicant must file each new application
before doing any act mentioned insub‑paragraph (a)(iii)(B) or (b)(iii)(B);
and(ii) the applicant must file each new application,and do either or both of the acts mentioned
in sub‑paragraphs (a)(iii)(B) and (b)(iii)(B)(as the case may be), on the same day.
(3B) If the applicant fails to comply with paragraph (3)or (3A) (whichever is applicable), the application istreated as withdrawn.
(3C) If the applicant responds to the written noticein paragraph (3A) by doing one or more of the acts
mentioned in paragraph (3A)(a)(i) and (iii)(B) and (b)(i),the Registrar may, after considering the applicant’srepresentations in writing (if any) ––(a) give the applicant another written notice thatstates that the application fails to comply witheither or both of the formal requirements ofsection 11(2)(c) and (4)(a) of the Act; and(b) by the written notice mentioned in
sub‑paragraph (a), invite the applicant under
section 16A(1) of the Act to correct thenon‑compliance by filing, within 3 months after
the date of that written notice, one or more
new applications under section 11 of the Act.
(3D) Paragraphs (3A), (3B) and (3C) apply with thenecessary modifications to a written notice mentioned
in paragraph (3C)(a) as they apply to a written noticementioned in paragraph (2).”; and9S 574/2017(c) by deleting the words “do any act referred to in paragraph (3)(a),(b) or (c)” in paragraph (4) and substituting the words “complywith paragraph (3) or either or both of paragraph (3A)(a)and (b), whether as applied to a written notice mentioned inparagraph (2) or as applied with the necessary modifications
to a written notice mentioned in paragraph (3C)(a)”.
Amendment of rule 28
14. Rule 28 of the principal Rules is amended ––(a) by deleting the word “article” in paragraph (d) andsubstituting the words “article, non‑physical product or setof articles and non‑physical products”; and(b) by deleting the words “as set out in the Third Schedule” inparagraph (d).
Amendment of rule 31
15. Rule 31 of the principal Rules is amended ––(a) by deleting the word “article” in paragraph (d) andsubstituting the words “article, non‑physical product or setof articles and non‑physical products”; and(b) by deleting the words “in accordance with theThird Schedule” in paragraph (d).
Amendment of rule 39
16. Rule 39 of the principal Rules is amended ––(a) by deleting the words “the articles” in paragraph (2)(a) andsubstituting the words “each article, non‑physical productor set of articles and non‑physical products”;(b) by deleting the words “any article” in paragraph (4) andsubstituting the words “any article, non‑physical product or
set of articles and non‑physical products”; and(c) by deleting the words “that article” in paragraph (4) andsubstituting the words “that article, non‑physical productor set of articles and non‑physical products (as the casemay be)”.
Deletion of Third Schedule
17. The Third Schedule to the principal Rules is deleted.

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Saving and transitional provisions
18.––(1) Rule 2 does not apply to ––(a) an application for registration of a design that is madebefore 30 October 2017; or(b) a design that is registered pursuant to such an application.
(2) Despite rule 3, rule 12 of the principal Rules as in force
immediately before 30 October 2017 continues to apply to or inrelation to a design, if the design has been applied industriallybefore that date in accordance with rule 12 of the principal Rules
as in force immediately before that date.
(3) Rule 4(b) does not apply to an application for registration ofa design that is made before 30 October 2017.
(4) Despite rules 8(b), (c) and (d), 10, 11 and 13, rules 19(2)(c),(d) and (e) and (2A)(d), 22, 25(5)(b)(i) and 27 of the principal
Rules as in force immediately before 30 October 2017 continue toapply to or in relation to an application for registration of a designthat is made before that date.
(5) Despite rules 12 and 17, rule 26 of, and the Third Scheduleto, the principal Rules as in force immediately before 30 October
2017 continue to apply to or in relation to ––(a) an application for registration of a design that is madebefore that date; and(b) a design that is registered pursuant to such an application.
(6) Despite rules 14, 15 and 16, rules 28(d), 31(d) and 39(2)(a)and (4) of the principal Rules as in force immediately before
30 October 2017 continue to apply to or in relation to a design thatis registered pursuant to an application for registration of a designthat is made before that date.
[G.N. Nos. S 778/2004; S 556/2005; S 587/2011; S 742/2014; S 148/2017]

Made on 5 October 2017.
NG HOW YUE
Permanent Secretary,
Ministry of Law,
Singapore.
[LAW 18/001/005 Vol. 3; AG/LEGIS/SL/266/2015/1 Vol. 1]