Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Recognition of agents
69. Except as otherwise provided by rules made under this Act, any act required or authorised by this Act to be done by or to any person in connection with the registration of a design, or any procedure relating to a registered design or the registration of a design, may be done by or to an agent authorised by that person orally or in writing.
General powers of Court
70. The Court, for the purpose of determining any question in the exercise of its original or appellate jurisdiction under this Act, may make any order or exercise any other power which the Registrar could have made or exercised for the purpose of determining that question.
Costs in proceedings before Court
71. In all proceedings before the Court under this Act, the Court may award to any party (including the Registrar) such costs as it may consider reasonable, but the Registrar must not be ordered to pay the costs of any other of the parties.
Certificate of Registrar
72. A certificate purporting to be under the hand of the Registrar as to any entry, matter or thing which the Registrar is authorised to make or do under this Act is prima facie evidence of the entry having been made, and of contents thereof, and of the matter or thing having been done or not done.
Amendment of documents other than application for registration
72A. Subject to the rules mentioned in section 74(2A), the Registrar may, at the written request of a person who has made an application (other than an application for registration of a design), or filed a notice or other document for the purposes of this Act, or at the written request of the person’s agent, amend the application, notice or document —(a) to correct a clerical error or an obvious mistake; or (b) if the Registrar is of the opinion that it is fair and reasonable in all the circumstances of the case to do so.[16/2012] [Act 7 of 2022 wef 26/05/2022]
Fees
73.—(1) There must be paid in respect of applications, registrations and other matters under this Act such fees as may be prescribed.[16/2012] (2) All fees collected must be paid into the funds of the Office.[16/2012] (3) Subsection (2) does not apply to fees prescribed in rules made under section 64A(2)(e) which are to be forwarded to the International Bureau.[16/2012] (4) Subsection (2) does not apply to fees prescribed for the purposes of Part 6A*.[*Updated to be consistent with the 2020 Revised Edition] [Act 34 of 2018 wef 21/11/2022]
General power to make rules
74.—(1) The Minister may, after consulting with the Office, make rules —(a) for any purpose for which rules are required or authorised to be made under this Act; (b) for prescribing matters authorised or required by this Act to be prescribed; (c) for prescribing matters necessary or convenient to be prescribed for carrying out or giving effect to this Act; and (d) generally for regulating the practice and procedure of any proceedings or other matter before the Registrar. (2) Without limiting subsection (1), rules made under this section may make provision —(a) prescribing the manner of filing of applications or other documents; (b) as to the practice and procedure of any proceedings or other matter before the Registrar; (c) requiring persons to make such statutory declarations as may be prescribed in support of any application, notice or request; (d) requiring and regulating the translation of documents and the filing and authentication of any translation; (e) relating to the service of documents; (f) authorising the rectification of irregularities of procedure; (g) prescribing the forms to be used for any purpose relating to the registration of a design or any other proceedings or matters before the Registrar; (h) requiring fees to be paid in connection with any proceedings or matters before the Registrar or in connection with the provision of any services by the Registry and prescribing those fees; (i) empowering the Registrar, in such cases as may be prescribed, to require a party to any proceedings before the Registrar to give security for costs, in relation to those proceedings or to proceedings on appeal, and providing for the consequences if security is not given; (j) regulating the mode of giving evidence in any proceedings before the Registrar and empowering the Registrar to compel the attendance of witnesses and the discovery and production of documents; (k) prescribing time limits for doing anything required to be done in connection with any proceedings or matters under this Act; (l) providing for the extension of any time limit so prescribed or specified by the Registrar, whether or not it has already expired; (m) providing for the publication of the practice directions issued by the Registrar; (n) providing for the publication of the forms to be used for any purpose relating to the registration of a design or any other proceedings or matters before the Registrar; (o) providing for the publication and sale of documents by the Registry and of information about such documents; and (p) for the reinstatement, and the conditions for the reinstatement, of —(i) any application which is treated as withdrawn; or (ii) any right which has been abrogated, or thing which has ceased to be in force or to exist, by reason of a failure to comply with any time limit which has been prescribed or which the Registrar has specified.[16/2012] (2A) Without limiting subsection (1), rules made under this section may make provision to enable the Registrar to publish a request —(a) to correct an error in the Register; and (b) to amend an application, a notice or other document, and to provide for the making of objections to the correction or amendment by a person claiming to be affected by it. [Act 7 of 2022 wef 26/05/2022] (3) Rules made under this section may make different provisions for different cases.
Rules relating to application for registration
75.—(1) Without limiting section 74, the Minister may, for the purposes of section 11, make rules providing that an application for registration of a design must or may contain —(a) a statement describing the representation of the design; (b) a statement describing the features of the design which the applicant considers to be new; (c) the classification of the articles, non‑physical products, or sets of articles and non‑physical products, to which the design is intended to be applied; and (d) if the design reproduced in the representation is to be applied to an article, a sample of the article.[29/2017] (2) Rules made under this section may provide for the manner in which the following are to be claimed in connection with an application for registration:(a) any claim that section 8, 9 or 10 applies in relation to the application; (b) any claim to a right of priority under section 12 or 13.
Saving
76. A reference in any law or document to the repealed United Kingdom Designs (Protection) Act (Cap. 339, 1985 Revised Edition), unless the context otherwise requires, is to be construed as a reference to this Act.
Transitional provisions
77.—(1) The provisions of the Schedule have effect with respect to transitional matters despite the provisions of this Act. (2) The Minister may, by order in the Gazette, amend the provisions of the Schedule. (3) For a period of 2 years after 21 November 2021, the Minister may, by rules, prescribe such transitional provisions in relation to the Copyright Act 2021 as the Minister may consider necessary or expedient.[22/2021] [S 759/2022]
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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
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