§ 274 — Artistic work with industrially‑applied corresponding design that could have been registered under Registered Designs Act 2000

274.—(1) Subject to subsection (3), this section applies where —(a)

copyright subsists in an artistic work;

(b)

there is a corresponding design in relation to the work;

(c)

the corresponding design is applied industrially (whether in Singapore or elsewhere) to articles or products;

(d)

the industrial application is done by or with the consent of the copyright owner;

(e)

those articles or products, or devices for projecting those products, are commercially dealt with; and

(f)

when those articles, products or devices are commercially dealt with, no corresponding design relating to those articles or products is or is deemed to be registered.

(2) Subject to subsection (3), it is a permitted use of the artistic work to —(a)

during the period of 15 years starting from the date of the first commercial dealing in those articles, products or devices — do any act that would have been within the exclusive rights in the corresponding design if the design had been registered in respect of all of those articles and products; and

(b)

after the end of that period — do any act that would have been within —(i)

the exclusive rights in the corresponding design; or

(ii)

the exclusive rights in any possible similar design,

if the corresponding design and all possible similar designs had been registered in respect of all of those articles and products to which they are capable of being applied.

(3) For the purposes of subsections (1) and (2), an article, a product or a device must be ignored if —(a)

the corresponding design applied to the article or product is primarily literary or artistic in character; and

(b)

when the article, product or device is commercially dealt with, designs for the article, product or device are excluded from registration by rules made under the Registered Designs Act 2000 or the UK Act.

(4) For the purposes of any proceedings under this Act, a design is conclusively presumed to have been excluded under subsection (3) if —(a)

before those proceedings begin —(i)

an application for the registration of the design in respect of the article or product under the Registered Designs Act 2000 has been refused; or

(ii)

an application made before 13 November 2000 for the registration of the design in respect of the article under the UK Act has been refused;

(b)

a (or the) stated reason for the refusal was that the design was excluded from registration by rules made under the Registered Designs Act 2000 or the UK Act; and

(c)

no appeal against that refusal —(i)

is allowed before the proceedings begin; or

(ii)

is pending when the proceedings begin.

(5) Regulations may prescribe what constitutes the industrial application of a design for the purposes of this section.

(6) For the purposes of this section, an article, a product or a device is commercially dealt with if it is sold, let for hire, or offered or exposed for sale or hire (whether in Singapore or elsewhere) and “commercial dealing” has a corresponding meaning.

—(1) Subject to subsection (3), this section applies where —(a)

copyright subsists in an artistic work;

(b)

there is a corresponding design in relation to the work;

(c)

the corresponding design is applied industrially (whether in Singapore or elsewhere) to articles or products;

(d)

the industrial application is done by or with the consent of the copyright owner;

(e)

those articles or products, or devices for projecting those products, are commercially dealt with; and

(f)

when those articles, products or devices are commercially dealt with, no corresponding design relating to those articles or products is or is deemed to be registered.

(2) Subject to subsection (3), it is a permitted use of the artistic work to —(a)

during the period of 15 years starting from the date of the first commercial dealing in those articles, products or devices — do any act that would have been within the exclusive rights in the corresponding design if the design had been registered in respect of all of those articles and products; and

(b)

after the end of that period — do any act that would have been within —(i)

the exclusive rights in the corresponding design; or

(ii)

the exclusive rights in any possible similar design,

if the corresponding design and all possible similar designs had been registered in respect of all of those articles and products to which they are capable of being applied.

(3) For the purposes of subsections (1) and (2), an article, a product or a device must be ignored if —(a)

the corresponding design applied to the article or product is primarily literary or artistic in character; and

(b)

when the article, product or device is commercially dealt with, designs for the article, product or device are excluded from registration by rules made under the Registered Designs Act 2000 or the UK Act.

(4) For the purposes of any proceedings under this Act, a design is conclusively presumed to have been excluded under subsection (3) if —(a)

before those proceedings begin —(i)

an application for the registration of the design in respect of the article or product under the Registered Designs Act 2000 has been refused; or

(ii)

an application made before 13 November 2000 for the registration of the design in respect of the article under the UK Act has been refused;

(b)

a (or the) stated reason for the refusal was that the design was excluded from registration by rules made under the Registered Designs Act 2000 or the UK Act; and

(c)

no appeal against that refusal —(i)

is allowed before the proceedings begin; or

(ii)

is pending when the proceedings begin.

(5) Regulations may prescribe what constitutes the industrial application of a design for the purposes of this section.

(6) For the purposes of this section, an article, a product or a device is commercially dealt with if it is sold, let for hire, or offered or exposed for sale or hire (whether in Singapore or elsewhere) and “commercial dealing” has a corresponding meaning.