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Home > Legislation > IP Legislation > Legislation Updates
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Legislation Update 2000
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The Bill is available through the Electronic Gazette at http://www.egazette.com.sg, or may be purchased from:
SNP Legal Publications
491 River Valley Road, #01-19/20 Valley Point, Singapore 248371
Tel: 67335794 |
The Registered Designs Rules 2000 have been gazetted on the 2 November 2000 and came into operation on 13 November 2000. The Rules are available from the Subsidiary Legislation Supplement of eGazette at http://www.egazette.com.sg from 2 November 2000. Alternatively, they are available for sale at the following address:
The Bill is available through the Electronic Gazette at http://www.egazette.com.sg, or may be purchased from:
SNP Legal Publications
491 River Valley Road, #01-19/20 Valley Point
Singapore 248371
Tel: 67335794 |
The First Schedule of the Rules contains the schedule of prescribed fees payable for the different applications lodged. The Second Schedule contains the designs forms and the Third Schedule, the class and subclass headings of the Locarno Classification.
The Registered Designs Act (Commencement) Notification 2000 came into operation on 13 November 2000. The new Registry of Designs accepts applications for the registration of designs with effect from 13 November 2000.
The Registered Designs Act 2000 will repeal the United Kingdom Designs (Protection) Act [Cap 339][1985 edition]. Design owners who wish to protect their new designs in Singapore as well as in the United Kingdom after 13 November 2000 should lodge separate applications in both these jurisdictions.
Designs that have been registered in the United Kingdom before 13 November 2000 will continue to enjoy 25 years protection, if they are renewed in Singapore when their renewal in the United Kingdom is due. Applications lodged at the United Kingdom Designs Registry before 13 November 2000, will upon their registration in United Kingdom, also be protected in Singapore.
The Trade Marks Rules are amended with effect from 31 October 2000 to incorporate the necessary procedural changes required to be adopted under the Madrid Protocol as well as to simplify and streamline trade mark examination and opposition procedure in general. The following are the main changes :
Form TM 6 is no longer be issued upon acceptance of a national application for registration of a trade mark filed on or after 31 October 2000. This change in practice will standardise the procedure for both national applications and international applications filed under the Madrid Protocol and is expected to shorten the entire registration procedure by at least two months. Form TM 6 will continue to be issued for pending applications and the fee to be charged remains at $125.
A new Form TM 49 is prescribed for requests for extension of time in respect of the following matters :
- to respond to the Registrar’s examination report under Rule 24(2A);
- to respond to the Registrar’s notice or requisition relating to renewal applications under Rule 50A(3);
- to respond to the Registrar’s requisition for further evidence or information under Rule 53(3A);
- to respond to the Registrar’s requisition for further documents, instruments or information under Rule 55(5A).
The fees for 23 items under the First Schedule have been revised. The main revision relates to the fee for filing an application for registration of a trade mark i.e Form TM 4.
The fee for filing TM 4, which incorporates Form TM 1 with effect from 15 January 1999, has remained at $150 since 1 March 1991. The cost for incorporating Form TM 1 has thus far been absorbed by the Registry. With the abolition of Form TM 6, the present publication fees of $125 will now be collected upon filing of TM 4, thereby shortening the current registration procedure by at least two months.
With computerisation, the Registry has also with effect from March 1999 incorporated representations of cited marks in examination reports, thereby obviating the need for applicants to conduct searches for conflicting marks, resulting in costs savings overall for the applicant.
To date, the Registry has not charged for this additional service. The fee revision in respect of filing TM 4 therefore takes into account the foregoing factors as well as the increase in manpower costs and the rate of inflation since 1991. In view thereof, the total fees to be paid upon filing of TM 4 with effect from 31 October 2000 is $306.
The other fee revision that will be of particular interest to applicants is the search fee per file which has remained at $5 since 1 October 1983. It has been revised to $6 with effect from 31 October 2000.
Copies of the amended forms and the revised fee schedule have been updated in IPOS website.
The Trade Marks (International Registration) Rules 2000 give effect to the Madrid Protocol and came into operation on 31 October 2000.
The Rules (in particular, Rules 5 to 10, 18 to 23) extend the application of the provisions of the Trade Marks Act to an international registration designating Singapore and to a protected international trade mark (Singapore). An international registration designating Singapore is treated in the same way as an application for registration filed in Singapore under the Trade Marks Act. A protected international trade mark (Singapore) has the same effect as a registered trade mark in Singapore.
Rules 11 to 17 set out the procedure for examination, publication and opposition when the Registrar receives a notification of an international registration designating Singapore from the International Bureau, WIPO. Where the trade mark is objectionable during examination or in view of opposition proceedings, the Rules provide that the Registrar shall issue a notification of refusal of protection to the International Bureau. In accordance with the requirements of the Madrid Protocol, time limits are prescribed for this purpose.
Rules 24 to 26 give effect to two types of transactions that are unique to the Madrid Protocol – transformation of international registration into national application and replacement of national registration with international registration where they exist concurrently in Singapore. Two new forms and fees are introduced for purposes of these two transactions.
Rule 27 sets out the requirements for the filing of an international application for registration. As an international application is based on the existence of a Singapore registration or application, Rule 28 gives effect to the five-year dependency period prescribed in the Madrid Protocol and set out certain obligations of the Registrar in this respect.
Rule 33 allows the Registrar to collect fees payable to the International Bureau and transmit them to the International Bureau for the filing of an international application and for renewal of an international registration. Under the Madrid Protocol, the Registrar is entitled to charge an administrative fee in this respect. The relevant administrative fees are set out in the First Schedule.
Bhutan deposited its instrument of accession to the Paris Convention for the protection of Industrial Property on 4 May 2000 and was bound by the Convention with effect from 4 August 2000.
The Patents (Convention Countries) Order (O1) has since been amended, and the amendment 'Patents (Convention Countries) (Amendment) Order 2000' was gazetted in Singapore on 15 August 2000.
The Order has been amended by inserting, immediately below the word 'Benin',the word 'Bhutan', with effect from 4 August 2000.
The Registered Designs Bill was introduced in Parliament on 30 June 2000. The Bill is available from the Bills Supplement of eGazette at http://www.egazette.com.sg The Commencement Notification will be entered in the Gazette after the Bill has gone through the Second Reading, Third Reading, Presidential Council for Minority Rights and obtained Presidential Assent. The rules will be published after the Presidential Assent.
Background on Registered Designs: Prior to the Registered Designs Bill being introduced, the Act governing registered designs in Singapore was the United Kingdom Designs (Protection) Act [Cap 339][1985 edition]. The Act provided that, once a design has been registered under the Registered Designs Act 1949 of the United Kingdom, it will be protected in Singapore.
The new Registered Designs Bill will repeal the earlier Act and create a registration system for industrial designs. There will be formalities examination only and the period of protection will be shortened from 25 years to 15 years. Designs that have been registered in the United Kingdom before the date the new Bill comes into force, will still enjoy 25 years protection, if they are renewed in Singapore when their renewal in the United Kingdom is due.
The Patents Rules (Cap 221, R 1) has been amended by way of the Patents (Amendment) Rules 2000 (Gazette No S300/2000).
Under the amendment, an electronic online systems (ePatents) is established to carry out online patent submissions with effect from 3 July 2000.
Transaction available in the online system as referred to in Rules 51(3), (3A) and 75 are:
- renewal of patents
- alteration of addresses
- download of patent register and specifications
The electronic online system basically allows subscriber to submit the transaction online to the Registrar through ePatents. The fees for online filings are also prescribed.
With the introduction of online submission, the Registry will still retain the option for applicants to file over the counter. However, there will be a revision to the patent fees for such counter submissions with effect from 3 July 2000.
Please note that there is a difference in the amount of fees charged for the following transaction at "Over the Counter (OTC)" and "Online System (OIS)".
The revised fees are as specified here(30Kb).
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Last updated on 05 Oct 2011 |
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