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Singapore - New Design Law

Singapore has enacted a law for the protection of industrial designs which replaces the former system under which designs registered in the United Kingdom were deemed to extend to Singapore. The new law became effective on November 13, 2000.

Designs which are registrable under the new law are those relating to shape, configuration, pattern or ornament applied to an article by an industrial process. However, protection does not extend to features of shape or configuration dictated solely by function nor to features that are necessary to fit with or match another article with which the article in question is intended to form an integrated whole.

To be registrable a design must be new and differ in more than "immaterial details or features from designs commonly used in the trade". Inter alia, designs which have been registered in other countries will not be considered as new. Except for designs for certain textile and wall covering items, applicants will be required to submit a statement of novelty pointing out how their design differs from prior designs. It remains to be seen how much detail will be required in this statement. Designs for which protection is obtained by filing under the new law will initially be registered for a five year period which will be capable of extension for two further five year periods.

Under the transitional provisions, all designs registered and in force in the United Kingdom on November 13, 2000 are deemed to remain in force in Singapore until next due for renewal. At that point a separate renewal must be effected in Singapore if protection in Singapore is to continue in addition to any desired renewal in the United Kingdom. Any such design can continue to be renewed so as to provide protection for a period extending up to twenty five years from application in the United Kingdom. Similarly if a design application was filed in the United Kingdom before November 13, 2000 and subsequently proceeds to registration it will also be deemed to be effective in Singapore for its first period of protection but will thereafter be subject to renewal in Singapore if protection in Singapore is to be maintained.


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© Copyright 2002 Ladas & Parry - Posted February 2002
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