S 177
REGISTERED DESIGNS ACT
(CHAPTER 266)
REGISTERED DESIGNS (INTERNATIONAL REGISTRATION) RULES 2005
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:
Arrangement of Provisions |
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PART I PRELIMINARY 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
PART IV INTERNATIONAL APPLICATION THROUGH REGISTRY 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
S 177
REGISTERED DESIGNS ACT
(CHAPTER 266)
REGISTERED DESIGNS (INTERNATIONAL REGISTRATION) RULES 2005
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;
"Designs Journal" means the journal by that name published under rule 67A of the Registered Designs Rules (R 1);
"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;
"International Bureau" means the International Bureau of the World Intellectual Property Organization;
"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 in the Designs Journal.
(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.
(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
(c) the reference in section 44 (4) of the Act to a notification that a 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