Government use of registered designs
45.—(1) Despite any of the provisions of this Act, the Government and any person authorised in writing by the Government may use any registered design for the services of the Government in accordance with section 46.
(2) The authority of the Government under subsection (1) may be —(a)
given either before or after the registration of the design;
(b)
given either before or after the acts in respect of which the authority is given are done; and
(c)
given to any person whether or not the person is authorised, directly or indirectly, by the registered owner to use the design.
(3) Without limiting subsection (1), any use of the design for —(a)
the supply to the government of any country or territory outside Singapore, pursuant to any agreement or arrangement between the Government and the government of that country, of articles, non‑physical products, or devices for projecting non‑physical products, required —(i)
for the defence of that country; or
(ii)
for the defence of any other country whose government is party to any agreement or arrangement with the Government in respect of defence matters; or
(b)
the supply to the United Nations, or to the government of any country belonging to that organisation, of articles, non‑physical products, or devices for projecting non‑physical products, required for any armed forces operating pursuant to a resolution of that organisation or any organ of that organisation,
is deemed to be a use of the design for the services of the Government; and the power of the Government or a person authorised by the Government to use the design includes power —
(c)
to sell the articles, non‑physical products, or devices for projecting non‑physical products, to the government or to that organisation pursuant to the agreement or arrangement; and
(d)
to sell to any person any articles, non‑physical products, or devices for projecting non‑physical products, originally intended for the services of the Government which are no longer required for the purpose for which they were made.[29/2017]
(4) Without limiting subsection (1), any use of a design for any purpose which appears to the Government necessary or expedient —(a)
to avoid prejudice to the security or defence of Singapore;
(b)
to assist in the exercise of powers and the implementation of civil defence measures during a state of emergency or state of civil defence emergency under the Civil Defence Act 1986; or
(c)
for public non-commercial use,
is deemed to be a use of the design for the services of the Government.
[29/2017]
(5) The purchaser of any articles, non‑physical products, or devices for projecting non‑physical products, sold in the exercise of powers conferred by subsection (1), and any person claiming through the purchaser, has the power to deal with the articles, non‑physical products, or devices for projecting non‑physical products, as if the rights in the registered design were held on behalf of the Government.[29/2017]
(6) Despite any provision in any other written law, the reproduction or publication of any model or document in connection with any use of a design made by virtue of subsection (1) is deemed not to constitute an infringement of any copyright subsisting in the document by virtue of the Copyright Act 2021 or any right subsisting in a layout-design by virtue of the Layout‑Designs of Integrated Circuits Act 1999.[22/2021]
Terms of Government use
46.—(1) If and so far as the design has, before the date of its registration, been applied by or on behalf of the Government otherwise than in consequence of the communication of the design, directly or indirectly, by the registered owner or any person from whom the registered owner derives title, any use of the design by virtue of section 45 may be made free of any royalty or other payment to the registered owner.
(2) If and so far as the design has not been so applied, any use of the design made by virtue of section 45 at any time after the date of its registration, or in consequence of any communication referred to in subsection (1), must be made on such terms —(a)
as may be agreed upon, either before or after the use, between the Government and the registered owner; or
(b)
in default of such agreement, as may be determined by the Court on a reference under section 48.
(3) Where a design has been made use of under this section, the Government, unless it appears to the Government that it would be contrary to the public interest to do so, must inform the registered owner as soon as possible of the fact and furnish the registered owner with such information as to the use made of the design as the registered owner from time to time reasonably requires.
Provisions of licence, etc., to be ineffective
47. In relation to any use of a registered design, or a design in respect of which an application for registration is pending, made for the services of the Government —(a)
by the Government or a person authorised by the Government under section 45; or
(b)
by the registered owner or applicant for registration to the order of the Government,
the provisions of any licence, assignment or agreement made, whether before, on or after 13 November 2000, between —
(c)
the registered owner or applicant for registration or any person who derives title from the registered owner or applicant or from whom the registered owner or applicant derives title; and
(d)
a person other than the Government,
shall be of no effect so far as those provisions —
(e)
restrict or regulate the use of the design or any model, document or information relating to it; or
(f)
provide for the making of payments in respect of, or calculated by reference to, such use.
References of disputes to Court
48.—(1) Any dispute as to —(a)
the exercise by the Government, or a person authorised by the Government, of the powers conferred by section 45;
(b)
the terms for the use of a design for the services of the Government; or
(c)
the right of any person to receive any part of a payment pursuant to terms as agreed between the Government and the registered owner under section 46(2),
may be referred to the Court by either party to the dispute.
(2) In any proceedings under this section to which the Government is a party, the Government may —(a)
if the registered owner is a party to the proceedings, apply for revocation of the registration of the design upon any ground upon which the registration may be revoked under this Act; or
(b)
in any case, put in issue the validity of the registration of the design without applying for its revocation.
(3) In determining under this section any dispute between the Government and any person as to the terms for the use of a design for the services of the Government, the Court is to have regard to any benefit or compensation which that person or any person from whom that person derives title may have received, or may be entitled to receive, directly or indirectly, from the Government in respect of the design.
(4) One of 2 or more registered owners of a registered design may, without the concurrence of the others, refer a dispute to the Court under this section, but must not do so unless the others are made parties to the proceedings; but any of the others who has been made a defendant is not liable for any costs or expenses unless the defendant takes part in the proceedings.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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