SINGAPORE

• APPLICANTS WHO MAY APPLY FOR INDUSTRIAL DESIGN PROTECTION

  • Following can file Design Applications:

    1. Author of the Design
    2. Employer of the author if Design made during course of employment
    3. Person contracting the author to make the design
    4. Person to whom the author has assigned the design in writing.

    Two or more persons owning interests in the design must apply jointly.

• REQUISITES FOR FILING INDUSTRIAL DESIGN APPLICATIONS

  • To come under the scope of registration, a Design should:

    1. Be new and / or original
    2. Not have been disclosed to the public anywhere by publication in tangible form or by use in any other way prior to the filing date or where applicable, the priority date of the application for registration.
    3. Be significantly distinguishable from known designs or combination of known designs.
    4. Not contain scandalous or obscene matter, or be contrary to public order or morality.
    5. Not be a mere mechanical contrivance.
    6. Be applicable to an article, should appeal to the eye.

    Original here means, originating from the author of such a design and includes those cases which though old in themselves , are new in their application as well.

    Aspects of Designs registrable:

    Two Dimensional, Three  Dimensional, Shape, Configuration, Pattern, Ornamentation, Graphical User Interface (GUI)

• KINDS OF INDUSTRIAL DESIGNS REGISTRABLE

  • To come under the scope of registration, a Design should:

    1. Be new and / or original
    2. Not have been disclosed to the public anywhere by publication in tangible form or by use in any other way prior to the filing date or where applicable, the priority date of the application for registration to which a 12 month exception is provided.
    3. Be significantly distinguishable from known designs or combination of known designs.
    4. Not contain scandalous or obscene matter, or be contrary to public order or morality.
    5. Not be a mere mechanical contrivance.
    6. Be applicable to an article, should appeal to the eye. Original here means, originating from the author of such a design and includes those cases which though old in themselves , are new in their application as well.

    Aspects of Designs registrable:

    • Two Dimensional, Three Dimensional, General Appearance of a design.
    • Decoration, Shapes, Lines, Colours, Pattern
    • Aesthetic impression on the sense of sight
    • Style of Calligraphy
    • Appearance of goods
    • Appearance of movable property which can be independently transacted • Combination of all of the above.
    • Graphical User Interface (GUI)Categories of Designs registrable:
      – Visual communication designs related to products, advertisements, graphics, multimedia designs.
      – Designs related to a living space or environment.
• KINDS OF INDUSTRIAL DESIGNS NOT REGISTRABLE

  • The following kinds of Designs are not registrable in Singapore: Under the Registered Designs Act of Singapore, 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); * 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.

    Designs that are primarily Literary or Artistic in character are not protected under the Designs Act as under:

    1. Books, Jackets, Calendars, Certificates, Forms & other documents, Dressmaking patterns, Greeting Cards, Leaflets, Maps & Plan cards, Postcards, Stamps, Medals.
    2. Labels, Tokens, Cards, Cartons.
    3. Any Principle or mode of construction of an article.
    4. Mere mechanical contrivance.
    5. Buildings & Structures.

    ParityPatents through it’s associate Law Firms in Singapore, is at hand to help you with Industrial Design registration and prosecution.

• STEPS TO INDUSTRIAL DESIGN REGISTRATION

  • Conducting a search prior to filing the design application is always advised to rule out conflict with prior registered marks. Our Attorney will assist you in search, filing and protection of the Design application in Singapore. Steps to Registration:

    1. Finding out whether such a design has been registered previously.
    2. Preparing a representation of the design iii. Identifying the class of desig
    3. Providing a statement of novelty.
    4. Including a disclaimer that the design has not been in the public domain at any point in time.
    5. Claiming a priority date if the design Is registered in other countries.
    6. Determining the fee to be paid.
    7. Ensuring all enclosures are attached.
    8. Complying with objections if any.
    9. Providing full details pertaining to contacts and addresses.Several designs may be combined in one multiple application as long as the products belong to the same class.

    ParityPatent along with specialised Industrial Design Lawyers and Attorneys in Singapore can assist you comprehensively with registration and protection of new Industrial Designs at National Office along with International Design Protection through the Hague System.

• EXAMINATION PROCESS OF INDUSTRIAL DESIGNS

  • Formalities Examination:

    After the applicant has filed all the necessary documents, the Registry of Designs examines the documents to ensure that all the formalities have been met. This entails an examination of all information provided in the form. For instance, the examiners would check that the representations of the designs are of the prescribed size and quality, the classification is accurate and the statement of novelty is provided.

    Substantive examination pertaining to novelty features are not carried out by the Registry.

    Objections Raised by the Registry of Designs:

    If there are any amendments or deficiencies spotted in the formalities examination, the examiners will notify the applicant and the applicant would have to correct this non-compliance within a given period. If the corrections are not made to the Registrar within the stipulated deadline, the application will be deemed to have been withdrawn.

    If the applicant does not agree with the objections raised, applicant should reply to the Registrar in writing with his reasons. If the Registrar accepts his submissions, the application will proceed to registration. Otherwise, it would be refused.

• PUBLICATION AND REGISTRATION OF INDUSTRIAL DESIGNS

  • Once an application is in order, a registration certificate will be issued and the application will be published in the Designs Journal. Post publication, the published designs are made available for public inspection.

• TYPES OF INDUSTRIAL DESIGN APPLICATIONS SINGAPORE

  • Ordinary application.
    An ordinary application does not claim priority.

    Convention application calming priority.
    A convention application claims priority of an application filed previously in a convention country. (Deadline for claiming priority for a design application in Singapore is 6 months from the filing date of the priority application)

    INTERNATIONAL DESIGN PROTECTION UNDER HAGUE SYSTEM

    Kindly refer our guide under the Hague system.

• TERM OF INDUSTRIAL DESIGN PROTECTION

  • The registration of a design is valid 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 25 years, subject to the payment of renewal fees.

• BENEFITS OF INDUSTRIAL DESIGN REGISTRATION

  • WHY  PROTECT DESIGNS IN SINGAPORE?  Patent law deals in ‘behind the scenes’ aspects of a company or organization as it deals with inventions that are not easily accessible by the general public.  Designs along with Trademarks on the other hand, are the ‘visual medium’ which aid in brand projection, recognition, association and retention by existing and potential customers.  To prevent rivals from copying industrial designs, it is therefore an important and strategic aspect in the protection of intellectual property rights. Therefore, as with all IP, it is better to begin protection of designs at the earliest before disclosure with the general public.

    BENEFITS OF INDUSTRIAL DESIGN REGISTRATION:  Certain countries that follow cumulative protection of Industrial Designs by Copyright as well as Design laws have the ‘Unity of Art’ principle that needs to be followed meaning, entitlement to  copyright for applied and other art work shall be determined through the same criteria.

    In today’s highly impulse driven and temperament market, industrial designs provide the requisite edge to push products into consumers’ psyche.  Such is he craving for fashionable and well crafted products that looks can often be equally or more important that the products’ functionality itself.

    Registration of Industrial Design Rights becomes a valuable asset which gives the following benefits:

    • A substantial return on interest (ROI) as the popularity of the product is directly proportional to its reproduction and counterfeiting thus enabling swift legal action in preventing copycats and frauds thereby ensuring that the design is not diluted.
    • Infringement of designs can help owners obtain damages and recover costs for the same.
    • Registration of designs can help owners work on bettering their designs through Research and Development (R&D) on bringing out superior industrial designs thus making it harder to knock off or scale up manufacturing by infringers in order to copy the original designs.
    • Registered designs can be sold, licensed, franchised which can all earn royalty.  The same can also be used as a collateral to secure loans.
    • Industrial Designs complement even strengthen Trademarks hence making brand attention, brand association and retention, brand recall and usage much easier and interesting.
• Cost of Registration in SINGAPORE

  • Please write a mail for the cost of registration of Industrial Designs Protection in Singapore and under the Hague Convention to the mail address given below:

    contact@paritypatent.com