Interpretation of this Division
270. In this Division —“corresponding design”, in relation to an artistic work, has the meaning given by section 2(1) of the Registered Designs Act 2000;
“device” means a device for projecting a non‑physical product (as defined by section 2(3) of the Registered Designs Act 2000);
“exclusive rights”, in relation to a design that is or could have been registered under the Registered Designs Act 2000, means all the exclusive rights that the registration of a design under that Act gives or would give to the registered owner of the design;
“product” means a non‑physical product as defined by section 2(1) of the Registered Designs Act 2000;
“register” means register under the Registered Designs Act 2000;
“registered design” means a design that is registered under the Registered Designs Act 2000;
“similar design”, in relation to a corresponding design, means a design that consists of the corresponding design with modifications or variations not sufficient to alter the character or substantially to affect the identity of the corresponding design;
“UK Act” means the Registered Designs Act 1949 of the United Kingdom (U.K. 1949, c. 88).
Purpose of this Division
271. The purpose of this Division is to restrict the application of copyright law in relation to an artistic work with a corresponding design that is, has been or could be applied to —(a)
articles or products, under the Registered Designs Act 2000; or
(b)
useful articles.
Artistic work with corresponding design registered under Registered Designs Act 2000
272.—(1) This section applies where there is, in relation to an artistic work, a corresponding design that is or is deemed to be registered.
(2) Subject to section 273, it is a permitted use of the artistic work to —(a)
while the registration is still in force — do any act that is within the exclusive rights in the corresponding design; or
(b)
after the registration is no longer in force — do any act that would have been within —(i)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 the articles and products to which they were capable of being applied.
Modification of section 272 if registration is false
273.—(1) Subject to subsection (2), section 272 does not apply in any proceedings for an infringement of the copyright in the artistic work if —(a)
the registration of the corresponding design is still in force before the proceedings begin; and
(b)
it is proved or admitted in those proceedings that —(i)
the person registered or deemed to be registered as the owner of the design is not in fact —(A)
the owner of the design for the purposes of the Registered Designs Act 2000; or
(B)
the proprietor of the design for the purposes of the UK Act; and
(ii)
the person is registered as the owner or proprietor of the design without the knowledge of the owner of the copyright in the artistic work.
(2) Despite subsection (1), section 272 still applies to an act to which those proceedings relate if it is proved or admitted in those proceedings that the act was done —(a)
under an assignment made, or licence granted, by the registered owner of the design;
(b)
in good faith in reliance upon the registration; and
(c)
without notice of any proceedings for the cancellation or revocation of the registration (as the case may be) or for rectifying the entry in the relevant register of designs.
(3) If section 272 does not apply to any proceedings by virtue of this section, nothing in any law relating to industrial design is to be construed as affording a defence in those proceedings.
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.
Artistic works that have been industrially applied
275.—(1) If the condition in subsection (2) is met, it is a permitted use of an artistic work to make —(a)
a useful article in 3 dimensions;
(b)
a 2‑dimensional copy that is reasonably required to make a useful article in 3 dimensions; or
(c)
a product.
(2) The work must have been applied industrially (whether in Singapore or elsewhere) before the article, copy or product was made.
(3) Regulations may prescribe what constitutes the industrial application of a work for the purposes of this section.
(4) In this section, “useful article” —(a)
means an article with an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information; and
(b)
includes an article that is normally part of a useful article.
Application to artistic works made before 10 April 1987
276. This Division (except section 275) does not apply to an artistic work made before 10 April 1987.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
