Legislation Updates 2007

IPOS is very grateful for all the feedback we have received for both public consultation periods in relation to the draft Copyright (Excluded Works) Order 2007. Substantive submissions were received from copyright owners, companies, educational institutions, government agencies and individuals.

The feedback has been carefully considered and IPOS is working with the Attorney-General’s Chambers to prepare the new Order.

In the meantime, the existing Copyright (Excluded Works) Order 2005 will remain in force until 31st December 2008.

For a copy of the amendment order, please click here and scroll down to "Copyright".

(Amendment) Act 2007 (Act No. 3/2007)

The Trade Marks (Amendment) Act 2007 has been passed by Parliament on 22 January 2007 and has received Presidential assent on 1 February 2007. Some of the key amendments include:

Provision for Multiple Class Registration
Registration for trademarks is presently based on single classes. The amendments will now allow for a multi-class registration. A multi-class registration allows for one single application in multiple classes of goods and services to lead to the need for only one registration. You only need to renew only once for the renewal to be effective for all the classes of goods and services registered.

Division of an Application for Registration
To complement a multiple-class system, it is now possible to divide a trade mark application into two or more applications so that those classes of goods or services that do not face opposition or objection can proceed to registration first. Division will therefore expedite trade mark registration where appropriate.

Relief Measures for Procedural Oversight
The Act also provides for relief measures to alleviate procedural mistakes by trade mark applicants, notably missed time limits. The relief measures provide the avenue for a trade mark applicant to maintain the rights in an application that has been filed, even when time limits have been missed.

Registration of Licence of Pending Trade Marks
The amendments will now allow for registration of licences relating to pending trade marks. Prior to the amendments, only licences relating to registered trade marks can be recorded on the register.

The Trade Marks (Amendment) Act 2007 will come into operation at a later date to be notified. A copy of the Trade Marks (Amendment) Act 2007 can be purchased at SNP Corporation Ltd.

Trade Marks (Amendment) Rules 2007

The following is a summary of some of the amendments in Trade Marks (Amendment) Rules 2007:

Rule 17 : Division of applications for registration
An application for registration may be divided, at the request of the applicant, into two or more separate applications for registration. The request for division is to be made on Form TM 8 and a fee of $280 is chargeable for each new divisional application created.
Rule 22 : Amendment of application
Form TM 27 (Request to change the details of an application for registration) will no longer be used. In its place are Forms TM 27A and TM 27B. Form TM 27A is chargeable on a per class basis while Form TM 27B is chargeable on a per trade mark basis.

Form TM 27A is to be used for amendments pertaining to the class number, the specification of goods or services to which the application for registration relates, or the particulars of any claim to a right of priority included in the application for registration.

Form TM 27B is to be used for any other amendment not involving the above.
Rule 56 : Application to alter registered trade mark
The proprietor of a registered trade mark may apply to the Registrar on Form TM 27B for alteration of the registered mark. Form TM 35, the form which is currently used, will no longer be used from 2 July 2007 onwards.
Rule 57 : Rectification of an error or omission in the register
An application to the Registrar for the rectification of an error or omission in the register may be made by the proprietor of a registered trade mark or by any other person.

Where the application is made by the proprietor of a registered trade mark, the amendment shall be made on –

Form TM 27A, where the amendment pertains to the class number, the specification of goods or services to which the registration relates, or the particulars of any claim to a right of priority;
Form TM 27B, for any other amendment not involving the above.
Where the application for rectification is made by any other person, the application shall be made on Form TM 28.
Rule 77B : Reinstatement of application, right or thing
Subject to certain exceptions, an applicant, proprietor or other interested person who has missed a time limit for action before the Registry, may apply on Form TM 40 to have his rights reinstated, if:
1. the request for reinstatement is made within six months from the date of expiration of the time limit;
2. the omitted act is completed together with the request; and
3. the failure to comply with the time limit is unintentional.

Trade Marks (International Registration) (Amendment) Rules 2005
The Trade Marks (International Registration) (Amendment) Rules 2007 has been amended to make it clear that division does not apply to international registrations designating Singapore.

Amendment of Trade Mark Forms
Some trade mark forms have been revised and the revised forms are to be used from 2 July 2007. A separate edition of the Trade Marks Journal containing a consolidation of all Trade Mark forms are available for sale from 29 June 2007. The changes made to the forms are as follows:

All forms have been amended to indicate whether the fee for that particular form is payable on a per class, per trade mark or per form basis. The fee structure is as shown in the table below.

Per form basis	Per trade mark basis	Per class basis
TM 26 MP3	TM 1 TM7 TM10 TM20 TM22 TM27B TM29 TM30 TM31 TM33 TM34 TM37 TM38 TM39 TM40 TM42 TM46	TM 4 TM11 TM12 TM13 TM19 TM21 TM24 TM24 TM28 TM32 TM44 TM45 TM50 MP1 MP2

Where fees are payable on a per class basis, such as renewal forms and opposition forms, the class numbers affected by the request, are to be indicated on the form.
Amendments have been made to all forms, with the exception of Form TM 23.
Forms TM 18 and TM 35 have been removed.
Forms TM 8, TM 27A and TM 27B are new.

Amendments to the Patents Act, the Patents Rules and the Patents (Patent Agent) Rules

The Statutes (Miscellaneous Amendments) Act 2007, the Patents (Amendment No. 2) Rules 2007 and the Patents (Patent Agents) (Amendment) Rules 2007 have been gazetted and have since come into force on 1 April 2007.

For an overview of these amendments, please click here (65KB)

The Patents (Amendment) Rules 2007
The Patents (Amendment) Rules 2007 has been gazetted. This amendment is to the First Schedule of the Patent Rules and the changes have since come into force on 1 February 2007.