About Designs
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A Design refers to the features of shape, configuration, pattern or ornament applied to an article by an industrial process. It is the appearance of articles we see everyday. An article refers to any object to which the design is applied.
Registered Designs are used primarily to protect designs for industrial use. It is the right given by the Government to the owner to control the use of his design.
By registering a design, the owner obtains a right to ownership and the right to prevent others from using the design without his permission.
The owner of a registered design can exploit his design in many ways. He may use it to better protect his market share by barring copying by others, license it to third parties for commercial returns or sell the design for a sum of money.
A design refers to the features of shape, configuration, pattern or ornament applied to an article by an industrial process. To qualify for registration, a design must, in general, satisfy two key criteria:
The Design must be new: The registered design must not have been registered in Singapore or elsewhere; or published anywhere in the world before the date of application of the first filing. Thus the owner of a design should be careful not to disclose the design to anyone, until a design application is filed.
If a design is the same as another that is registered in respect of the same or any other article, it is not new. Generally, a design is not new if it
- has been registered; or
- has been published anywhere in the world, in respect of the same or any other article; or
- differs only in immaterial details, or features, from other designs that are commonly found in trade.
The Design must be industrially applied onto an article: The registered design has to be applied to an article by an industrial process i.e. more than 50 copies of the article have been or are intended to be produced for sale or hire.
>> Before filing an application for the registration of a design, it is advisable to first conduct a search of the existing designs to ensure its registrability. Some resources available to help search for existing designs include eDesigns, SurfIP and the search terminals available at the IPOS' Public Search Area. You may also wish to check the databases of other countries.
When applying for registration of designs in Singapore, the design owner is required to classify the article or articles to which the design is applied. Classification is done in accordance with the Third Schedule of the Registered Designs Rules R1, which lists the headings of the 32 classes and their subclasses as presented in the Locarno Classification for Industrial Designs.
>>The Locarno Classification is based on a multilateral treaty administered by the World Intellectual Property Organization (WIPO) in Geneva, Switzerland. This treaty is called the Locarno Agreement Establishing an International Classification for Industrial Designs. A copy of the Locarno Classification is available at the IPOS counter for reference and can also be found on the WIPO website Locarno Classification.
Under the Registered Designs Act, the following cannot be registered:
- designs that are contrary to the public order or morality.
- computer programmes or layout-designs of integrated circuits.
- designs applied to certain articles: works of sculpture (other than casts used or intended for use as models or patterns to be multiplied by any industrial process); wall plaques, medals and medallions; and printed matter primarily of a literary or artistic character (including book jackets, calendars, certificates, coupons, dress-making patterns, greeting cards, labels, leaflets, maps, plans, playing cards, postcards, stamps, trade advertisements, trade forms and cards, transfers and similar articles).
- any method or principle of construction.
- designs that are solely functional.
- designs that are dependent upon the appearance of another article, of which it is intended by the designer to form an integral part; or enable the article to be connected to, or placed in, around or against, another article so that either article may perform its function.
>> Some of the above may be protected by other IP laws. For example, computer programmes may have protection under the copyright law.
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