IP Starter

What is a Design?

A Design refers to the features of shape, configuration, pattern or ornament applied to an article by an industrial process. What matters is the appearance of the articles - an article being any object to which the design is applied.

Registered Designs are used to protect designs applied to articles produced industrially. Through registration, this right is given by the Government to the owner to control the use of his design.

A registered design can last for an initial period of five years. Thereafter, the registration may be renewed every five years up to a maximum of 15 years, subject to the payment of renewal fees. Like any other property, the owner has the right to let others use it, or sell it for a fee.

What Can Be Registered?

A design must, in general, satisfy two key criteria to be registered:

New - It has not been registered in Singapore and elsewhere nor has it been published anywhere in the world before the date of application of the design registration. It is not new if it differs in immaterial details, or features, from other designs that are commonly found in trade.

Industrial Process - The 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.

Designs can be two-dimensional or three-dimensional and can be applied to everyday items.


Mobile Phone	Fabric Pattern	Typeface

What Cannot Be Registered?

In general, the following cannot be registered:

designs that are contrary to the public policy or morality.
computer programmes or layout-designs of integrated circuits.
designs applied to certain articles. Examples include works of sculpture and printed matter primarily of a literary or artistic character such as book jackets, dress-making patterns, greeting cards, labels, playing cards, postcards, stamps, trade advertisements
designs that are solely functional; or methods or principles of construction.
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.

How to Seek Protection?

The applicant must file the application together with a statement of novelty and representation of the design. The application process usually takes about two to three months from the submission of the application.

For designs intended to be applied to a set of articles, the representation should show the design as applied to each article in the set. A set of articles refers to two or more objects that are ordinarily sold together or are intended to be used together. The articles must share the same design or the same design with modifications or variations which are not sufficient to alter the character or substantially affect the identity of the design. Examples of 'sets of articles' are sets of cutlery or tea sets.

Classification – Third Schedule

The registration of designs in Singapore requires one to classify the article or articles to which the design is applied. Hence, the design owner has to state the classes and subclasses of the articles on which the design is to be applied. The Third Schedule of the Registered Designs Rules 2000 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. A copy of the Locarno Classification is available for reference at the IPOS counter and the WIPO website www.wipo.int.


Top	Last updated on 29 Aug 2007