Ownership and Rights
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The Registered Designs Act (Cap. 266) came into force in 13 Nov 2000. The Act, together with a subsidiary legislation consisting of the Registered Designs Rules and the Registered Design (International Registration) Rules 2005, forms the legislation governing the registered designs law in Singapore.
The latest legislation update can be viewed here.
Copies of the legislation are available at www.snpcorp.com/webshop or
SNP Corporation Ltd at
1 Kim Seng Promenade, #18-01, Great World City East Tower,
Singapore 237994
Tel: (65) 6826 9691. |
>> Prior to 13 November 2000, protection in Singapore was automatically granted upon registration in the United Kingdom. With the enactment of the Registered Designs Act in Singapore, all the designs that were registered in the United Kingdom prior to 13 November 2000 will continue to enjoy protection in Singapore as long as the owners of these registered designs renew their registration here.
The rights conferred by a registered design extend throughout Singapore. It confers on the owner the right to prevent others from using the design without his permission. A registered design is protected for an initial period of five years from the date of filing the application. Thereafter, the registration may be renewed every five years up to a maximum of 15 years, subject to the payment of renewal fees. As a registered design is a form of property, it can be assigned, mortgaged or licensed.
Designs can be two-dimensional or three-dimensional and can be applied to everyday items.
The designer is usually the owner of the design. However, if the design is commissioned by another, the commissioning party does have the right to own the design, unless otherwise agreed by contract. If the design is developed in the course of employment, under Singapore law, the rights to the design are vested with the employer. The owner of the design may assign his rights to another party and if he does, the rights would pass to the assignee.
Any person or corporation claiming to be the owner of a design may apply for a design registration in Singapore. There are no restrictions as to nationality or residency. However, an applicant who is not a resident in Singapore must provide the Registry of Designs with an address for service in Singapore to which all correspondences will be sent.
Protection for a registered design lasts for an initial period of five years from the date of filing the application. The registration may however be renewed every five years up to a maximum of 15 years, subject to the payment of renewal fees.
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