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新加坡注册外观设计法

发布日期：2020-08-07

REGISTERED DESIGNS ACT

(CHAPTER 266)

REGISTERED DESIGNS (INTERNATIONAL REGISTRATION)

RULES 2005

ARRANGEMENT OF RULES

PART I

PRELIMINARY

Rule

1. Citation and commencement

2. Definitions

3. Forms

PART II

INTERNATIONAL REGISTRATION DESIGNATING SINGAPORE

4. Entitlement to protection

5. Effects of protected international design (Singapore)

6. Protected international design (Singapore) as object of property

7. Notification of transactions

8. Priority

9. Examination

10. Notification of refusal

11. Protection

12. Revocation

13. False representation that design is protected

14. Government use

PART III

DIVISION OF INTERNATIONAL REGISTRATION

15. Division of international registration

S 177/2005

Informal Consolidation – version in force from 13/11/2014PART IV

INTERNATIONAL APPLICATION THROUGH REGISTRY

Rule

16. International application

PART V

MISCELLANEOUS PROVISIONS

17. Evidence of certain matters relating to international registration

18. Agents

19. Burden of proving use of protected international design

(Singapore)

20. Communication of information to International Bureau

21. Application of Registered Designs Rules

In exercise of the powers conferred by sections 64A and 74 of the

Registered Designs Act, the Minister for Law, after consulting with

the Intellectual Property Office of Singapore, hereby makes the

following Rules:

PART I

PRELIMINARY

Citation and commencement

1. These Rules may be cited as the Registered Designs

(International Registration) Rules 2005 and shall come into

operation on 17th April 2005.

Definitions

2. In these Rules, unless the context otherwise requires —

“Common Regulations” means the Common Regulations under

the 1999 Act, the 1960 Act and the 1934 Act of the Hague

Agreement, adopted by the Assembly of the Hague Union

with effect from 1st April 2004, as replaced, revised or

amended from time to time;

S 177/2005

Informal Consolidation – version in force from 13/11/2014[Deleted by S 741/2014 wef 13/11/2014]

“Geneva Act of the Hague Agreement” means the Act, signed at

Geneva on 2nd July 1999, of the Hague Agreement

Concerning the International Registration of Industrial

Designs;

“international application” means an application to the

International Bureau for international registration;

[Deleted by S 741/2014 wef 13/11/2014]

“International Register” means the official collection of data

concerning international registrations maintained by the

International Bureau for the purposes of the Geneva Act of

the Hague Agreement;

“international registration” means the international registration

of a design effected according to the Geneva Act of the Hague

Agreement;

“international registration designating Singapore” means an

international registration in respect of which a request has

been made (whether in the relevant international application

or subsequently) for extension of protection to Singapore

under the Geneva Act of the Hague Agreement;

“protected international design (Singapore)” has the meaning

given by rule 11, and references to “protected” and

“protection” shall be construed accordingly.

Forms

3.—(1) Any reference in these Rules to a numbered form shall be

construed as a reference to the current version of the form bearing the

corresponding number which is —

(a) described in the Second Schedule to the Registered Designs

Rules (R 1); and

(b) published on the Office’s Internet website at

http://www.ipos.gov.sg.

[S 741/2014 wef 13/11/2014]

S 177/2005

Informal Consolidation – version in force from 13/11/2014(2) Any form may be modified on the direction of the Registrar for

use in a case other than the case for which it is intended.

PART II

INTERNATIONAL REGISTRATION DESIGNATING

SINGAPORE

Entitlement to protection

4.—(1) Subject to rule 9, an international registration designating

Singapore shall be entitled to become protected in Singapore if, had

the particulars of the international registration been comprised in an

application for registration of a design under the Act, that application

would have satisfied the requirements for registration of a design

under the Act and the Registered Designs Rules (R 1).

(2) For the purpose of paragraph (1), section 11 of the Act and

rules 7, 13 to 21 and 23 to 28 of the Registered Designs Rules shall be

disregarded.

Effects of protected international design (Singapore)

5.—(1) Subject to the provisions of these Rules, the holder of the

international registration relating to a protected international design

(Singapore) shall have the same rights and remedies as the registered

owner of a registered design under sections 30, 31 and 36 to 41 of the

Act.

(2) Paragraph (1) shall apply subject to section 30 (5), (6) and (7) of

the Act relating to acts not amounting to infringement of a registered

design.

(3) For the purposes of the application of section 30(1) of the Act,

the rights of the holder shall have effect from the date on which the

protected international design (Singapore) is to be treated as registered

under rule 11.

(4) The remedy for groundless threats of infringement proceedings

under section 44 of the Act applies to a protected international design

(Singapore) as it applies in relation to a registered design.

S 177/2005

Informal Consolidation – version in force from 13/11/2014(5) For the purposes of paragraph (4) —

(a) the reference in section 44(1) of the Act to an application for

registration of a design shall be treated as a reference to an

international application relating to a protected international

design (Singapore);

(b) the reference in section 44(2) of the Act to the registration of

the design shall be treated as a reference to the protection of

the protected international design (Singapore); and

design is registered shall be treated as a reference to a

notification that a design is a protected international design

(Singapore).

Protected international design (Singapore) as object of property

6. Sections 32 and 33 of the Act shall apply, with the necessary

modifications, in relation to a protected international design

(Singapore) as they apply in relation to a registered design.

Notification of transactions

7.—(1) The following are notifiable transactions for the purpose of

this rule:

(a) the grant of a licence or sub‑licence for the use of a protected

international design (Singapore);

(b) the grant of any security interest (whether fixed or floating)

over a protected international design (Singapore) or any right

in it.

(2) On application being made to the Registrar by —

(a) a person claiming to be entitled to an interest in or under a

protected international design (Singapore) by virtue of a

notifiable transaction; or

(b) any other person claiming to be affected by such a transaction,

the relevant particulars of the transaction shall be entered in the

S 177/2005

Informal Consolidation – version in force from 13/11/2014(3) An application for registration of the relevant particulars of a

notifiable transaction shall —

(a) be made —

(i) in the case of a notifiable transaction referred to in

paragraph (1)(a), in Form CM6; or

(ii) in the case of a notifiable transaction referred to in

paragraph (1)(b), in Form CM7;

[S 741/2014 wef 13/11/2014]

(b) where the transaction is the grant of a licence or sub‑licence

for the use of a protected international design (Singapore) —

(i) be signed by the grantor of the licence or sub‑licence,

as the case may be; or

(ii) be accompanied by such evidence as the Registrar

considers to be sufficient proof of the transaction;

(whether fixed or floating) over a protected international

design (Singapore) or any right in it —

(i) be signed by the grantor of the security interest; or

[S 741/2014 wef 13/11/2014]

(ii) be accompanied by such evidence as the Registrar

considers to be sufficient proof of the transaction; and

(d) be accompanied by the applicable fee set out in the

First Schedule to the Registered Designs Rules (R 1).

[S 741/2014 wef 13/11/2014]

(4) The following are relevant transactions for the purpose of this

rule:

(a) an assignment of a protected international design (Singapore)

or any right in it;

(b) the making by personal representatives of an assent in relation

to a protected international design (Singapore) or any right in

it;

a protected international design (Singapore) or any right in it.

S 177/2005

Informal Consolidation – version in force from 13/11/2014(5) Until —

(a) in the case of any notifiable transaction referred to in

paragraph (1), an application has been made for registration

of the relevant particulars of the transaction; or

(b) in the case of any relevant transaction, the transaction has

been recorded in the International Register,

the transaction is ineffective as against a person acquiring an interest

in the protected international design (Singapore) in ignorance of it.

(6) A person claiming to be entitled to an interest in or under a

protected international design (Singapore) by virtue of a notifiable

transaction referred to in paragraph (1) is not entitled to —

(a) damages or an account of profits in respect of any

infringement of the protected international design

(Singapore) occurring after the date of the transaction and

before the date of the application for registration of the

relevant particulars of the transaction; and

(b) compensation under section 46 of the Act in respect of the use

of the design for the services of the Government occurring

after the date of the transaction and before the date of the

application for registration of the relevant particulars of the

transaction.

(7) A person who becomes the holder of the international

registration relating to a protected international design (Singapore)

by virtue of any relevant transaction is not entitled to —

(a) damages or an account of profits in respect of any

infringement of the protected international design

(Singapore) occurring after the date of the transaction and

before the transaction is recorded in the International

(b) compensation under section 46 of the Act in respect of the use

of the design for the services of the Government occurring

after the date of the transaction and before the transaction is

recorded in the International Register.

S 177/2005

Informal Consolidation – version in force from 13/11/2014(8) In this rule, “relevant particulars” means —

(a) in the case of the grant of a licence for the use of a protected

international design (Singapore) —

(i) the name and address of the licensee;

(ii) where the licence is an exclusive licence, that fact;

(iii) where the licence is limited, a description of the

limitation; and

(iv) the duration of the licence if the same is, or is

ascertainable as, a definite period;

(b) in the case of the grant of a sub‑licence for the use of a

protected international design (Singapore) —

(i) the name and address of the grantor of the sub‑licence

and of each person from whom he derived his ability to

grant the sub‑licence;

(ii) the name and address of the sub‑licensee;

(iii) where the sub‑licence is an exclusive sub‑licence, that

fact;

(iv) where the sub‑licence is limited, a description of the

limitation; and

(v) the duration of the sub‑licence if the same is, or is

ascertainable as, a definite period; and

international design (Singapore) or any right in it —

(i) the name and address of the grantee;

(ii) the nature of the interest (whether fixed or floating);

and

(iii) the extent of the security or right in the protected

international design (Singapore) secured.

Priority

8.—(1) Subject to paragraph (2), section 12 of the Act shall apply so

as to confer a right of priority in relation to the protection of an

S 177/2005

Informal Consolidation – version in force from 13/11/2014international registration designating Singapore, as it applies in

relation to the registration of a design under the Act.

(2) The manner of claiming priority shall be determined in

accordance with the Geneva Act of the Hague Agreement and the

Common Regulations.

Examination

9.—(1) Upon receiving a notification of an international registration

designating Singapore from the International Bureau, the Registrar

shall examine whether the international registration satisfies the

requirements for protection in Singapore set out in rule 4.

(2) If it appears to the Registrar that the requirements for protection

in Singapore set out in rule 4 are not met, he shall give notification of

refusal of protection to the International Bureau.

(3) The notification of refusal shall specify the period within which

the holder of the international registration may make representations

against the refusal.

(4) If the holder requires an extension of time to make

representations, he shall file with the Registrar his request for an

extension of time in Form CM5 before the expiry of —

(a) the period specified in the notification of refusal; or

(b) any extended period previously granted by the Registrar.

[S 741/2014 wef 13/11/2014]

(5) A holder of an international registration making representations

shall file with the Registrar an address for service in Singapore in

writing.

[S 741/2014 wef 13/11/2014]

Notification of refusal

10.—(1) A notification of refusal under rule 9(3) shall not be given

after the expiry of 6 months after the date of the publication of the

international registration in accordance with Rule 26(3) of the

Common Regulations.

[S 741/2014 wef 13/11/2014]

S 177/2005

Informal Consolidation – version in force from 13/11/2014(2) A notification of refusal under rule 9(3) shall set out the matters

required under Article 12 of the Geneva Act of the Hague Agreement

and Rule 18 of the Common Regulations.

(3) Where, after a notification of refusal has been given under

rule 9(2), the holder makes representations within the period specified

in rule 9(3) or any extended period granted by the Registrar, the

Registrar shall, upon a final decision being made in relation to the

refusal, notify the International Bureau of that decision.

(4) For the purposes of paragraph (3), a final decision shall be

regarded as being made where —

(a) the Registrar or the Court on appeal from the Registrar

decides whether the refusal shall be upheld or withdrawn, and

any right of appeal against that decision expires or is

exhausted; or

(b) the proceedings relating to the refusal are discontinued or

abandoned.

Protection

11.—(1) A design which is the subject of an international

registration designating Singapore shall be protected as a protected

international design (Singapore) —

(a) in a case where no notification of refusal has been given to the

International Bureau within the period of 6 months referred to

in rule 10(1), upon the expiry of that period; or

(b) in any other case, upon the Registrar notifying the

International Bureau under rule 10(3) that a final decision

has been made to withdraw the refusal of protection.

(2) For the purposes of the application by these Rules of the

provisions of the Act, a design which is the subject of an international

registration designating Singapore shall be treated as if it was

registered under the Act, and shall be protected as a protected

international design (Singapore), from the filing date of the

corresponding international application.

S 177/2005

Informal Consolidation – version in force from 13/11/2014Revocation

12.—(1) The protection conferred under rule 11 on a protected

international design (Singapore) may be revoked on the application of

an interested person.

(2) Subject to paragraphs (3), (4) and (5), section 27 of the Act shall

apply, with the necessary modifications, in relation to the revocation

of the protection conferred on a protected international design

(Singapore) as it applies in relation to the revocation of the

registration of a registered design.

(3) For the purposes of applying section 27 of the Act —

(a) the references in section 27(1) and (2) of the Act to the time

after a design has been registered shall be treated as references

to the time after a design has become protected as a protected

international design (Singapore);

(b) the references in section 27 (1), (2), (3), (4) and (5) of the Act

to the revocation of the registration of a design shall be treated

as references to the revocation of the protection conferred on a

protected international design (Singapore);

date of registration of a design shall be treated as references to

the date a design became protected as a protected

international design (Singapore);

(d) the reference in section 27(2)(a) of the Act to the time a

design was registered shall be treated as a reference to the

time a design became protected as a protected international

design (Singapore); and

(e) the references in section 27 (2)(b) and (6)(b) of the Act to the

right in a registered design having expired in accordance with

section 22(1) of the Act shall be treated as a reference to the

protection conferred on a protected international design

(Singapore) having expired by reason that the copyright in

the artistic work referred to in section 27(2)(a) of the Act has

expired.

S 177/2005

Informal Consolidation – version in force from 13/11/2014(4) Part VI of the Registered Design Rules (R 1) shall apply, with the

necessary modifications, to an application for revocation of the

protection conferred on a protected international design (Singapore)

as it applies in relation to the revocation of a registered design.

(5) Where the protection conferred on a protected international

design (Singapore) is revoked to any extent —

(a) the Registrar shall notify the International Bureau; and

(b) the rights of the holder of the international registration

relating to the protected international design (Singapore) shall

be deemed to have ceased to exist as from —

(i) the date of the application for revocation; or

(ii) if the Registrar or the Court is satisfied that the grounds

for revocation existed at an earlier date, that date.

False representation that design is protected

13.—(1) Section 66 of the Act shall apply, with the necessary

modifications, in relation to a protected international design

(Singapore) as it applies in relation to a registered design.

(2) For the purposes of applying section 66 of the Act —

(a) the references in section 66(1) and (2) of the Act to a person

representing that a design applied to any article is registered in

respect of that article shall be treated as references to a person

representing that a design applied to any article is protected as

a protected international design (Singapore); and

(b) the references in section 66(3) of the Act to a right in a

registered design shall be treated as references to protection

conferred on a protected international design (Singapore).

Government use

14. Part IV of the Act shall apply, with the necessary modifications,

in relation to a protected international design (Singapore) as it applies

in relation to a registered design.

S 177/2005

Informal Consolidation – version in force from 13/11/2014PART III

DIVISION OF INTERNATIONAL REGISTRATION

Division of international registration

15.—(1) Where 2 or more designs are the subject of an international

registration designating Singapore and, after examining the

international registration, the Registrar is of the view that protection

should be refused in respect of any of those designs on the ground that

the corresponding international application does not comply with

rule 22 of the Registered Designs Rules (R 1), the Registrar shall give

notification of refusal of protection to the International Bureau.

(2) The holder of the international registration designating

Singapore may apply to the Registrar for a division of the

international registration in order to overcome the grounds of

refusal stated in the notification.

(3) Where an international registration designating Singapore has

been divided by the Registrar, the holder of the international

registration may apply under section 11 of the Act for the

registration of any design which has been the subject of the division.

(4) An application under paragraph (3) shall be —

(a) made within 3 months after the date of the notification of

refusal;

[S 741/2014 wef 13/11/2014]

(b) made in Form D3; and

First Schedule to the Registered Designs Rules.

(5) Where any design is registered in Singapore pursuant to an

application under paragraph (3) —

(a) section 20 of the Act shall not apply to that design or

registration; and

(b) the filing date of the corresponding international application

shall be treated, for the purposes of the Act, as the date of

registration of that design.

S 177/2005

Informal Consolidation – version in force from 13/11/2014(6) Rule 57 of the Registered Designs Rules shall not apply to the

doing of any act referred to in paragraph (4).

PART IV

INTERNATIONAL APPLICATION THROUGH REGISTRY

International application

16.—(1) Subject to the provisions of these Rules, an international

application may be made through the Registry.

(2) The international application may be made only by any of the

following persons:

(a) a person who is a national of a State that is a Contracting

Party;

(b) a person who is a national of a State member of an inter

governmental organisation that is a Contracting Party;

territory of a Contracting Party; or

(d) a person who has a real and effective industrial or commercial

establishment in the territory of a Contracting Party.

(3) The Registrar shall not be required to transmit the international

application to the International Bureau unless the international

application is —

(a) made in such form as may be required under the Common

Regulations;

(b) accompanied by payment of such fee as may be required

under the Common Regulations for the filing of the

international application; and

$150.

(4) The payment referred to in paragraph (3)(b) shall comply

with —

(a) such general requirements as may be specified in the practice

directions issued by the Registrar; and

S 177/2005

Informal Consolidation – version in force from 13/11/2014(b) such other requirements as the Registrar may, in any

particular case, specify in a written notice to the applicant.

(5) In this rule —

“Contracting Party” means any State or inter-governmental

organisation which is a party to the Geneva Act of the Hague

Agreement;

“territory of a Contracting Party” means —

(a) where the Contracting Party is a State, the territory of

that State; or

(b) where the Contracting Party is an inter-governmental

organisation, the territory in which the constituent treaty

of that inter-governmental organisation applies.

PART V

MISCELLANEOUS PROVISIONS

Evidence of certain matters relating to international

registration

17.—(1) In all legal proceedings relating to a protected international

design (Singapore), the registration of a person as the holder of the

international registration relating to a protected international design

(Singapore) shall be prima facie evidence of the validity of that

international registration and of any subsequent assignment or other

transmission of it.

(2) Judicial notice shall be taken of —

(a) the Geneva Act of the Hague Agreement and the Common

Regulations;

(b) a copy of an entry in the International Register issued by the

International Bureau; and

(3) Any document referred to in paragraph (2)(b) or (c) shall be

admissible as evidence of any instrument or act of the International

Bureau referred to in the document.

S 177/2005

Informal Consolidation – version in force from 13/11/2014(4) Evidence of any document issued by the International Bureau, or

of any entry in or extract from such a document, may be given in any

legal proceedings by the production of a copy thereof, and such a copy

shall be received in evidence.

(5) In this rule, “legal proceedings” include proceedings before the

Registrar.

Agents

18. Any act required or authorised under these Rules to be done by

or to a person in connection with —

(a) a request for protection of a design as a protected international

design (Singapore); or

(b) any procedure relating to a protected international design

(Singapore),

may be done by or to an agent authorised by that person orally or in

writing.

Burden of proving use of protected international design

(Singapore)

19. If in any civil proceedings relating to a protected international

design (Singapore), a question arises as to the use to which the design

has been put, the holder of the international registration relating to the

design shall bear the burden of showing what use has been made of it.

Communication of information to International Bureau

20. Notwithstanding any written law or rule of law, the Registrar

may communicate to the International Bureau any information which

Singapore is required to communicate under these Rules, the Geneva

Act of the Hague Agreement or the Common Regulations.

Application of Registered Designs Rules

21.—(1) Except as otherwise provided in these Rules, the

Registered Designs Rules (R 1) shall apply, with the necessary

modifications, in relation to an international registration designating

Singapore and to a protected international design (Singapore) as they

S 177/2005

Informal Consolidation – version in force from 13/11/2014apply in relation to an application for registration of a design and to a

registered design.

(2) The provisions of the Act and the Registered Designs Rules

relating to costs and security for costs and to evidence before the

Registrar shall apply in relation to proceedings under these Rules in

the same manner as they apply in relation to proceedings relating to a

registered design or an application for registration of a design.

(3) For the avoidance of doubt, rules 7, 13 to 21, 23 to 29, 31 to 39

and 68 of the Registered Designs Rules do not apply to an

international registration designating Singapore or a protected

international design (Singapore).

[S 741/2014 wef 13/11/2014]

Made this 30th day of March 2005.

LIEW HENG SAN

Permanent Secretary,

Ministry of Law,

Singapore.

[LAW 18/001/005 Vol. 3; AG/LEG/SL/266/2000/1 Vol. 2]

S 177/2005

Informal Consolidation – version in force from 13/11/2014

走进新加坡

新加坡注册外观设计法