At present, Singapore still has no local system for protection
of designs; design registrations effected in the United Kingdom
are "deemed" to extend to Singapore. Under the deeming provisions,
a registration extending to Singapore can be held to be ineffective
in Singapore on the same grounds as a registration could be held
invalid in the United Kingdom. One of these grounds is that the
design was not "new" at the time of filing of an application for
its registration. However, the United Kingdom statute confines
its definition of novelty to what was known in the United Kingdom.
Unlike some other countries that similarly deem United Kingdom
design registrations to extend to them, the Singapore legislation
on this point contains no provision relating to local prior use
or knowledge.
In the case of Allwin Hardware & Plastic Mfg Pte Ltd v. Solite Impex Pte Ltd, the Singapore Court of Appeal was confronted with a case where
it was shown that there had been prior use of a design in Singapore
before the application for the United Kingdom design registration
but no evidence was given of any use in the United Kingdom before
that date. The Court held that to disregard local prior use when
considering the effectiveness of a United Kingdom design registration
in Singapore would detract from the underlying object of design
protection. The courts should therefore adapt the causes for
cancellation in the United Kingdom to local circumstances. Prior
use in Singapore was therefore a ground for holding a design registration
ineffective in Singapore irrespective of its effect on the validity
of the underlying United Kingdom design registration.

