REPUBLIC OF SINGAPORE
GOVERNMENT GAZETTE ACTS SUPPLEMENT
Published by Authority
NO. 35] FRIDAY, JUNE 16 [2017
First published in the Government Gazette, Electronic Edition, on 15 June 2017 at 5 pm.
The following Act was passed by Parliament on 8 May 2017 and assented to by the President on 7 June 2017:—
REPUBLIC OF SINGAPORE
No. 29 of 2017.
I assent.
TONY TAN KENG YAM, President.
7 June 2017.
An Act to amend the Registered Designs Act (Chapter 266 of the 2005 Revised Edition) and to make related amendments to the Copyright Act (Chapter 63 of the 2006 Revised Edition).
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
@
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Short title and commencement
1. This Act is the Registered Designs (Amendment) Act 2017 and comes into operation on a date that the Minister appoints by notification in the Gazette.
Amendment of section 2
2. Section 2 of the Registered Designs Act (called in this Act the principal Act) is amended —
(a) by deleting the definition of “article” in subsection (1) and substituting the following definition:
“ “article” means any thing that is manufactured (whether by an industrial process, by hand or otherwise), and includes —
(a) any part of an article, if that part is made and sold separately; and
(b) any set of articles;”;
(b) by inserting, immediately after the words “an article” in the definition of “corresponding design” in subsection (1), the words “or a non‑physical product”;
(c) by deleting the definition of “design” in subsection (1) and substituting the following definition:
“ “design” means features of shape, configuration, colours, pattern or ornament applied to any article or non‑physical product that give that article or non‑physical product its appearance, but does not include —
(a) a method or principle of construction;
(b) features of shape, configuration or colours of an article or a non‑physical product that —
(i) are dictated solely by the function that the article or
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non‑physical product has to perform;
(ii) are dependent upon the appearance of another article or non‑physical product of which the article or non‑physical product is intended by the designer to form an integral part; or
(iii) enable the article or non‑physical product to be connected to, or placed in, around or against, another article or non‑physical product, so that either article or non‑physical product may perform its function; or
(c) features consisting only of one or more colours that —
(i) are not used with any feature of shape or configuration; and
(ii) do not give rise to any feature of pattern or ornament;”;
(d) by inserting, immediately after the definition of “exclusive licence” in subsection (1), the following definition:
“ “formal requirements” means —
(a) the requirements of section 11(2)(c) and (4)(a); and
(b) any other requirements of section 11, or of rules made for the purposes of that section, that are prescribed as formal requirements;”;
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(e) by inserting, immediately after the definition of “International Bureau” in subsection (1), the following definition:
“ “non‑physical product” —
(a) means any thing that —
(i) does not have a physical form;
(ii) is produced by the projection of a design on a surface or into a medium (including air); and
(iii) has an intrinsic utilitarian function that is not merely to portray the appearance of the thing or to convey information; and
(b) includes any set of non‑physical products;”;
(f) by deleting the full‑stop at the end of the definition of “set of articles” in subsection (1) and substituting a semi‑colon, and by inserting immediately thereafter the following definitions:
“ “set of articles and non‑physical products” means one or more articles and one or more non‑physical products —
(a) all of which are of the same general character and are ordinarily on sale together or intended to be used together; and
(b) to each of which the same design, or the same design with modifications or variations not sufficient to alter the character or substantially to affect the identity of the design, is applied;
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“set of non‑physical products” means 2 or more non‑physical products 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 variations not sufficient to alter the character or substantially to affect the identity of the design, is applied.”;
(g) by deleting paragraph (b) of subsection (2) and substituting the following paragraphs:
“(b) any reference in this Act to an article in respect of which a design is registered is, in the case of a design registered in respect of a set of articles or a set of articles and non‑physical products, a reference to any article of that set;
(ba) any reference in this Act to a non‑physical product in respect of which a design is registered is, in the case of a design registered in respect of a set of non‑physical products or a set of articles and non‑physical products, a reference to any non‑physical product of that set; and”; and
(h) by inserting, immediately after subsection (2), the following subsection:
“(3) In this Act, unless the context otherwise requires, a device for projecting a non‑physical product —
(a) is any device that when activated projects the non‑physical product on a surface or into a medium (including air); and
(b) includes any product or component that is used in or with a device mentioned in paragraph (a) to project the non‑physical
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product on a surface or into a medium (including air).”.
Amendment of section 4
3. Section 4 of the principal Act is amended —
(a) by deleting subsection (2);
(b) by deleting the words “, in a case not falling within subsection (2),” in subsection (3);
(c) by deleting the words “Subsections (2) and (3) are” in subsection (4) and substituting the words “Subsection (3) is”; and
(d) by inserting, immediately after the word “article” wherever it appears in subsection (5), the words “or non‑physical product”.
Amendment of section 5
4. Section 5 of the principal Act is amended —
(a) by inserting, immediately after the words “an article” in subsection (1), the words “, a non‑physical product, or a set of articles and non‑physical products,”; and
(b) by inserting, immediately after the word “article” in subsection (2)(a) and (b), the words “, non‑physical product or set of articles and non‑physical products”.
Amendment of section 7
5. Section 7(3) of the principal Act is amended by inserting, immediately after the word “articles” in paragraph (a), the words “and non‑physical products”.
Amendment of section 8
6. Section 8 of the principal Act is amended —
(a) by deleting the word “An” in subsections (1) and (2) and substituting in each case the words “Subject to subsection (2A), an”;
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(b) by inserting, immediately after subsection (2), the following subsection:
“(2A) This section only applies to —
(a) a disclosure mentioned in subsection (1)(a) or (b);
(b) an acceptance mentioned in subsection (1)(c);
(c) a communication mentioned in subsection (1)(d), or anything done in consequence of such a communication;
(d) a display mentioned in subsection (2)(a) or (b); or
(e) a publication mentioned in subsection (2)(c),
that occurs before the date of commencement of section 6 of the Registered Designs (Amendment) Act 2017.”; and
(c) by deleting the section heading and substituting the following section heading:
“Disclosure, etc., of design before certain date”.
New sections 8A and 8B
7. The principal Act is amended by inserting, immediately after section 8, the following sections:
“Disclosure of design on or after certain date
8A.—(1) An application for registration of a design must not be refused, and the registration of a design must not be revoked, by reason only of any of the following:
(a) a disclosure of the design made to a person other than the designer, or any successor in title of the designer, under conditions of confidentiality (whether express or implied);
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(b) a disclosure of the design made by the designer, or any successor in title of the designer, during the period of 12 months immediately before the date of filing of the application for registration of the design;
(c) a disclosure of the design made by a person other than the designer, or any successor in title of the designer, during the period of 12 months immediately before the date of filing of the application for registration of the design, in consequence of information provided, or any other action taken, by the designer or any successor in title of the designer;
(d) a disclosure of the design made during the period of 12 months immediately before the date of filing of the application for registration of the design, as a consequence of an abuse in relation to the designer or any successor in title of the designer.
(2) This section only applies to a disclosure mentioned in subsection (1)(a), (b), (c) or (d) that is made on or after the date of commencement of section 7 of the Registered Designs (Amendment) Act 2017.
Disclosure of design to be registered in respect of non‑physical product
8B. An application for registration of a design in respect of a non‑physical product must not be refused, and the registration pursuant to that application of the design in respect of the non‑physical product must not be revoked, by reason only of a disclosure of the design made before the date of filing of that application, if that application is filed during the period of 12 months immediately after the date of commencement of section 7 of the Registered Designs (Amendment) Act 2017.”.
Amendment of section 9
8. Section 9 of the principal Act is amended —
(a) by deleting subsection (2) and substituting the following subsection:
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“(2) Subsection (1) does not apply if —
(a) the previous use consisted of or included the sale, letting for hire, or offer or exposure for sale or hire, of —
(i) articles or non‑physical products to which had been applied —
(A) the design in question; or
(B) a design differing from the design in question only in immaterial details or in features that are variants commonly used in the trade (called in this subsection an immaterial variant); or
(ii) devices for projecting any non‑physical products mentioned in sub‑paragraph (i);
(b) the design in question or an immaterial variant had been applied industrially in relation to those articles, non‑physical products or devices; and
(c) the previous use was made by or with the consent of the copyright owner.”; and
(b) by deleting the words “to articles or any description of articles” in subsection (3) and substituting the words “, in relation to articles, non‑physical products or devices for projecting non‑physical products,”.
Amendment of section 10
9. Section 10 of the principal Act is amended —
(a) by inserting, immediately after the words “an article” in subsections (1) and (3), the words “or a non‑physical product”;
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(b) by inserting, immediately after the word “articles” in subsection (1)(a) and (b) and in the section heading, the words “or non‑physical products”; and
(c) by inserting, immediately after the words “other article” in subsection (3)(a) and (b), the words “or non‑physical product”.
Amendment of section 11
10. Section 11 of the principal Act is amended —
(a) by deleting the word “The” in subsection (3) and substituting the words “Except as otherwise provided in section 16A, the”; and
(b) by inserting, immediately after subsection (3), the following subsections:
“(4) An application may be filed under subsection (1) for the registration of 2 or more designs, if —
(a) the articles, non‑physical products, or sets of articles and non‑physical products, to which any of those designs is intended to be applied, as specified in the application, fall within the same class, or (if they fall within more than one class) all of the same classes, under the classification mentioned in section 75(1)(c), as the articles, non‑physical products, or sets of articles and non‑physical products, to which each of the other designs is intended to be applied, as specified in the application; and
(b) the application complies with such other requirements as may be prescribed.
(5) Every application filed under subsection (1) for the registration of 2 or more designs is to be treated as if a separate application had been filed under that
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subsection for the registration of each of those designs.”.
Amendment of section 12
11. Section 12(1) of the principal Act is amended by inserting, immediately after the word “articles” wherever it appears, the words “or non‑physical products”.
Amendment of section 13
12. Section 13(1) of the principal Act is amended by inserting, immediately after the word “articles”, the words “or non‑physical products”.
Amendment of section 15
13. Section 15 of the principal Act is amended by inserting, immediately after subsection (2), the following subsection:
“(2A) The class or classes (under the classification mentioned in section 75(1)(c)) of articles, non‑physical products, or sets of articles and non‑physical products, to which a design is intended to be applied, as specified in an application for registration of the design, must not be amended if —
(a) the application is derived under section 11(5) from an application filed under section 11(1) for the registration of 2 or more designs; and
(b) the amendment would result in the articles, non‑physical products, or sets of articles and non‑physical products, to which any of those designs is intended to be applied, and the articles, non‑physical products, or sets of articles and non‑physical products, to which another of those designs is intended to be applied, falling within different classes.”.
Amendment of section 16
14. Section 16 of the principal Act is amended by deleting subsection (5).
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New section 16A
15. The principal Act is amended by inserting, immediately after section 16, the following section:
“New application treated as filed on date of filing of earlier application
16A.—(1) Where, on examining an application for registration of a design (called in this section the earlier application) under section 16(1), the Registrar determines that the earlier application fails to comply with either or both of the formal requirements of section 11(2)(c) and (4)(a) (where applicable), the Registrar may, when notifying the applicant of the non‑compliance under section 16(2), invite the applicant to correct the non‑compliance by filing one or more new applications under section 11.
(2) A new application must not be filed under subsection (1) if —
(a) a notice of withdrawal has been filed under section 14 in relation to the earlier application;
(b) the earlier application has been treated as withdrawn under section 16(3);
(c) the earlier application has been refused under section 17; or
(d) the earlier application has been registered under section 18.
(3) The Registrar must refuse any new application filed in contravention of subsection (2).
(4) Each new application filed under subsection (1) is to be treated as filed on the date of filing of the earlier application, if all of the following requirements are satisfied:
(a) the new application complies with the requirements of section 11;
(b) the new application is made by the applicant, or the successor in title of the applicant, for the earlier application;
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(c) the new application does not include any matter that was not in substance disclosed in the earlier application.”.
Amendment of section 26
16. Section 26(1) of the principal Act is amended by inserting, immediately after the word “articles”, the words “or non‑physical products”.
Amendment of section 30
17. Section 30 of the principal Act is amended —
(a) by deleting subsection (1) and substituting the following subsection:
“(1) The registration of a design under this Act gives to the registered owner the following exclusive rights:
(a) to make in Singapore, or import into Singapore, for sale or hire, or for use for the purpose of trade or business —
(i) any article in respect of which the design is registered and to which that design, or a design not substantially different from that design, has been applied; or
(ii) any device for projecting a non‑physical product (being a non‑physical product in respect of which the design is registered and to which that design, or a design not substantially different from that design, has been applied);
(b) to sell, hire, or offer or expose for sale or hire, in Singapore —
(i) any article or non‑physical product in respect of which the design is registered and to which that design,
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or a design not substantially different from that design, has been applied; or
(ii) any device for projecting a non‑physical product mentioned in sub‑paragraph (i).”;
(b) by inserting, immediately after the words “paragraph (b)” in subsection (6), the words “or (c)”; and
(c) by deleting subsection (7) and substituting the following subsection:
“(7) The right in a registered design is not infringed by —
(a) the import, sale, hire, or offer or exposure for sale or hire of —
(i) any article to which the design has been applied, if the article has been placed on the market, whether in Singapore or elsewhere, by or with the consent (conditional or otherwise) of the registered owner; or
(ii) any device for projecting a non‑physical product (being a non‑physical product to which the design has been applied), if the device has been placed on the market, whether in Singapore or elsewhere, by or with the consent (conditional or otherwise) of the registered owner; or
(b) the sale, hire, or offer or exposure for sale or hire of any non‑physical product to which the design has been applied, if the non‑physical product has been placed on the market, whether in Singapore or elsewhere, by or with the consent (conditional or otherwise) of the registered owner.”.
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Amendment of section 31
18. Section 31 of the principal Act is amended by deleting subsection (4) and substituting the following subsection:
“(4) Where an article, a non‑physical product, or a device for projecting a non‑physical product, is disposed of to another person in exercise of a right conferred by subsection (1), that other person, and any person claiming through that other person, may deal with the article, non‑physical product or device in the same way as if the article, non‑physical product or device had been disposed of by the owner of the design concerned.”.
Amendment of section 39
19. Section 39(2) of the principal Act is amended by inserting, immediately after the words “an article,” wherever they appear, the words “a non‑physical product, or a device for projecting a non‑physical product,”.
Amendment of section 40
20. Section 40 of the principal Act is amended —
(a) by deleting the word “or” at the end of subsection (1)(a);
(b) by deleting the comma at the end of paragraph (b) of subsection (1) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph:
“(c) any infringing device in relation to that design,”;
(c) by deleting the words “article or thing” in subsections (1) and (3) and substituting in each case the words “article, thing or infringing device”; and
(d) by inserting, immediately after subsection (4), the following subsection:
“(5) In this section and section 41, an infringing device in relation to a registered design is a device for projecting a non‑physical product where —
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(a) the design, or a design not substantially different from that design, has been applied to the non‑physical product; and
(b) either or both of the following apply:
(i) the device is made in Singapore or imported into Singapore in such a way as to infringe the design;
(ii) the device is sold, let for hire, or offered or exposed for sale or hire in Singapore in such a way as to infringe the design.”.
Amendment of section 41
21. Section 41 of the principal Act is amended —
(a) by inserting, immediately after the words “any infringing article or thing” in subsection (1), the words “, or any infringing device,”;
(b) by inserting, immediately after the words “no infringing article or thing” in subsection (2)(b), the words “, and no infringing device,”;
(c) by deleting the words “the article or thing” in subsections (3), (4) and (7) and substituting in each case the words “the article, thing or infringing device”; and
(d) by deleting subsection (6) and substituting the following subsection:
“(6) Where there is more than one person interested in the article, thing or infringing device, the Court may —
(a) direct that the article, thing or infringing device be sold, or otherwise dealt with, and the proceeds divided; and
(b) make any other order as the Court thinks just.”.
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Amendment of section 45
22. Section 45 of the principal Act is amended —
(a) by inserting, immediately after the word “articles” wherever it appears in subsections (3)(a), (b) and (A) and (5), the words “, non‑physical products, or devices for projecting non‑physical products,”;
(b) by deleting the words “made in the exercise of the powers conferred by this section” in subsection (3)(B) and substituting the words “, non‑physical products, or devices for projecting non‑physical products, originally intended for the services of the Government”; and
(c) by deleting the words “to make an article, or any use of an article,” in subsection (4).
Amendment of section 58
23. Section 58 of the principal Act is amended by deleting the words “or articles” in paragraph (c) and substituting the words “, articles or devices for projecting non‑physical products”.
Amendment of section 59
24. Section 59 of the principal Act is amended by deleting subsection (2) and substituting the following subsection:
“(2) A person who has been required by the Registrar to produce a document, an article or a device for projecting a non‑physical product must not, without lawful excuse, fail to produce the document, article or device.”.
Amendment of section 60
25. Section 60(1) of the principal Act is amended by deleting the words “or articles” and substituting the words “, articles or devices for projecting non‑physical products”.
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Amendment of section 66
26. Section 66 of the principal Act is amended —
(a) by inserting, immediately after the word “article” wherever it appears in subsection (1), the words “or non‑physical product”; and
(b) by deleting subsections (2) and (3) and substituting the following subsections:
“(2) For the purposes of subsection (1) —
(a) a person is 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 anything expressing or implying that the design applied to the article has been registered in respect of that article; and
(b) a person is deemed to represent that a design applied to any non‑physical product is registered in respect of that non‑physical product, if —
(i) there is applied to the non‑physical product anything expressing or implying that the design applied to the non‑physical product has been registered in respect of that non‑physical product; or
(ii) there is stamped, engraved or impressed on or otherwise applied to a device for projecting the non‑physical product anything expressing or implying that the design applied to the non‑physical product has been registered in respect of that non‑physical product.
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(3) A person shall 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, if the person, after the right in a registered design has expired —
(a) marks any article to which the design has been applied with anything implying that there is a subsisting right in the design under this Act, or causes any such article to be so marked;
(b) applies, or causes to be applied, to a non‑physical product to which the design has been applied, anything implying that there is a subsisting right in the design under this Act; or
(c) marks any device for projecting a non‑physical product (being a non‑physical product to which the design has been applied) with anything implying that there is a subsisting right in the design under this Act, or causes any such device to be so marked.”.
Amendment of section 75
27. Section 75(1) of the principal Act is amended by deleting paragraphs (c) and (d) and substituting the following paragraphs:
“(c) the classification of the articles, non‑physical products, or sets of articles and non‑physical products, to which the design is intended to be applied; and
(d) if the design reproduced in the representation is to be applied to an article, a sample of the article.”.
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Related amendments to Copyright Act
28.—(1) Section 7(1) of the Copyright Act (Cap. 63) is amended by inserting, immediately after the definition of “minimum royalty”, the following definition:
“ “non‑physical product” has the same meaning as in section 2(1) of the Registered Designs Act (Cap. 266);”.
(2) Section 70 of the Copyright Act is amended by deleting subsection (1) and substituting the following subsection:
“(1) Despite section 69, the making of any useful article in 3 dimensions (including a reproduction in 2 dimensions reasonably required for the making of the article), or of any non‑physical product, does not infringe the copyright in an artistic work if, when the useful article, reproduction or non‑physical product is made, the artistic work has been applied industrially in Singapore or in any other country at any time before the useful article, reproduction or non‑physical product is made.”.
(3) Section 73 of the Copyright Act is amended —
(a) by inserting, immediately after the words “an article” in subsection (1), the words “or a non‑physical product”;
(b) by deleting the words “and articles” in subsection (2)(b) and substituting the words “, articles and non‑physical products”;
(c) by inserting, immediately after the words “all the articles” in subsection (2)(b)(ii), the words “and non‑physical products”; and
(d) by inserting, immediately after subsection (2), the following subsection:
“(3) In this Division, unless the context otherwise requires, a device for projecting a non‑physical product —
(a) is any device that when activated projects the non‑physical product on a surface or into a medium (including air); and
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(b) includes any product or component that is used in or with a device mentioned in paragraph (a) to project the non‑physical product on a surface or into a medium (including air).”.
(4) Section 74 of the Copyright Act is amended —
(a) by inserting, immediately after the words “Registered Designs Act” in subsection (1), the words “(Cap. 266)”;
(b) by deleting the words “and articles” in subsection (1)(b) and substituting the words “, articles and non‑physical products”;
(c) by deleting subsection (2) and substituting the following subsection:
“(2) Subsections (3), (4), (5) and (6) apply where—
(a) copyright subsists in an artistic work;
(b) a corresponding design is applied industrially, whether in Singapore or elsewhere, by or with the licence of the owner of the copyright in the work;
(c) articles or non‑physical products to which the corresponding design has been so applied, or devices for projecting those non‑physical products, are sold, let for hire, or offered or exposed for sale or hire, whether in Singapore or elsewhere; and
(d) at the time when those articles, non‑physical products or devices are sold, let for hire, or offered or exposed for sale or hire, those articles or non‑physical products are not articles or non‑physical products in respect of which the corresponding design has been registered, or is deemed to be registered, under the Registered Designs Act.”;
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(d) by inserting, immediately after the words “all relevant articles” in subsection (3)(a), the words “and non‑physical products”;
(e) by deleting the words “and articles” in subsection (3)(b) and substituting the words “, articles and non‑physical products”;
(f) by deleting the words “articles, such as are mentioned in subsection (2)(b),” in subsection (4) and substituting the words “articles, non‑physical products or devices for projecting those non‑physical products, such as are mentioned in subsection (2)(c),”;
(g) by inserting, immediately after the words “any articles” in subsection (5), the words “, non‑physical products or devices for projecting those non‑physical products,”;
(h) by inserting, immediately after the words “designs for articles” in subsection (5), the words “or non‑physical products”; and
(i) by inserting, immediately after the word “articles” in subsection (6)(a)(i), the words “or non‑physical products”.
Saving and transitional provisions
29.—(1) Despite section 2(b), (c) and (g), the definitions of “corresponding design” and “design” in section 2(1), and section 2(2)(b), of the principal Act as in force immediately before the date of commencement of section 2(b), (c) and (g) continue to apply to or in relation to —
(a) an application for registration of a design that is made before that date;
(b) a design that is registered pursuant to such an application; and
(c) a right in such a registered design.
(2) Despite section 3(a), (b) and (c), section 4(2), (3) and (4) of the principal Act as in force immediately before the date of commencement of section 3(a), (b) and (c) continues to apply to a
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design that is created in pursuance of a commission for money or money’s worth, and in relation to which either of the following applies:
(a) the design was created before that date;
(b) before that date, the designer of the design and the person commissioning the design entered into a contract relating to that commission.
(3) Despite section 3(d), section 4(5) of the principal Act as in force immediately before the date of commencement of section 3(d) continues to apply to or in relation to —
(a) an application for registration of a design that is made before that date;
(b) a design that is registered pursuant to such an application; and
(c) a right in such a registered design.
(4) Despite sections 4, 8(a), 9, 10(a), 11, 12 and 14, sections 5(1) and (2), 9(2), 10(1) and (3), 11(3), 12(1), 13(1) and 16(5) of the principal Act as in force immediately before the date of commencement of sections 4, 8(a), 9, 10(a), 11, 12 and 14, respectively, continue to apply to or in relation to an application for registration of a design that is made before that date.
(5) Sections 10(b), 13 and 15 do not apply to an application for registration of a design that is made before the date of commencement of sections 10(b), 13 and 15, respectively.
(6) Despite sections 16 and 19, sections 26(1) and 39(2) of the principal Act as in force immediately before the date of commencement of sections 16 and 19, respectively, continue to apply to or in relation to a design that is registered pursuant to an application for registration of a design that is made before that date.
(7) Despite sections 17 and 18, sections 30(1), (6) and (7) and 31(4) of the principal Act as in force immediately before the date of commencement of sections 17 and 18, respectively, continue to apply to or in relation to —
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(a) a design that is registered pursuant to an application for registration of a design that is made before that date; and
(b) a right in such a registered design.
(8) Despite section 28(2), section 70(1) of the Copyright Act (Cap. 63) as in force immediately before the date of commencement of section 28(2) continues to apply to or in relation to an artistic work, if the artistic work has been applied industrially before that date in accordance with section 70(2) and (3) of the Copyright Act.
(9) Despite section 28(3)(a), (b) and (c) and (4)(c) to (i), sections 73(1) and (2)(b) and 74(2), (3)(a) and (b), (4), (5) and (6)(a)(i) of the Copyright Act as in force immediately before the date of commencement of section 28(3)(a), (b) and (c) and (4)(c) to (i) continue to apply to or in relation to an artistic work, if the artistic work has been applied industrially before that date in accordance with the regulations mentioned in section 74(7) of the Copyright Act.
(10) Despite section 28(3)(a), (b) and (c) and (4)(b), sections 73(1) and (2)(b) and 74(1)(b) of the Copyright Act as in force immediately before the date of commencement of section 28(3)(a), (b) and (c) and (4)(b) continue to apply to or in relation to —
(a) a design that is registered, or deemed to be registered, under the principal Act pursuant to an application for registration of a design that is made before that date; and
(b) a right in such a registered design.
(11) For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by rules, prescribe such additional provisions of a saving or transitional nature consequent on the enactment of that provision as the Minister may consider necessary or expedient.