PRESS RELEASE
Legislative Changes Introduced to Update
Singapore’s Registered Designs Regime
1.
The Ministry of Law (MinLaw) has tabled the Registered Designs (Amendment)
Bill for First Reading in Parliament today. The proposed legislative changes will
update Singapore’s design protection regime to take into account latest trends
in design and technology. It will support the growth of the design industry by
making it easier for designers to protect their creative works.
2.
The Bill implements the recommendations from the review of Singapore’s
registered designs regime conducted by MinLaw and the Intellectual Property
Office of Singapore (IPOS).
Key features of the Registered Designs (Amendment) Bill
3.
The key features of the Bill are as follows:
(i)
Broaden scope of registrable designs
The scope of registrable designs will be broadened to include:

Virtual designs of non-physical products that can be projected onto
any surface and have useful functions. An example is a lightprojected keyboard which works like a physical keyboard.

Colours as a design feature. For example, a new shape of a
vacuum cleaner together with the yellow and black colours of its
body, can be registered.
In addition, the amendments will clarify that the designs of artisanal or
handcrafted items, such as handmade jewellery, can be registered.
(ii)
Allow the designer of a commissioned design, rather than the
commissioning party, to own the design by default
Currently, where a designer is commissioned to create a design, the
commissioning party is the owner of the design. The amendments will
instead give the design ownership to the creator by default. This is to
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highlight the importance of design creation and the valuable contribution
of designers. Both parties would still be free to contract otherwise.
(iii)
Broaden and lengthen the grace period provision
Currently, a design cannot be validly registered if it has been publicly
disclosed before the application date. However, narrow exceptions are
provided – a design can be validly registered if the disclosure took place
in very limited circumstances (for example, when the disclosure was in
breach of confidence), and the application for design protection was
made within 6 months of the disclosure. The amendments will broaden
the circumstances covered to any disclosure made by the designer, and
lengthen the grace period to 12 months.
This will enable designers to still obtain design protection if their works
were disclosed inadvertently or out of necessity, and is in line with
modern business realities where such disclosures could be necessary,
and can take place in a wide range of situations.
Background
4.
Singapore provides for design protection under the Registered Designs Act,
which was enacted in 2000.
5.
A review of the registered designs regime was conducted from May 2014 to
March 2016. The objectives of the review were to support modern business
practices while continuing to balance the interests of design creators/owners
and users, provide business certainty and ensure that Singapore’s design
protection regime is cost-effective.
6.
The review included two rounds of public consultation, from May to June 2014,
and from October to December 2015 respectively. In addition, numerous focus
group discussions and one-to-one consultations were also held, including with
industry and design associations, businesses, intellectual property
practitioners, and academics.
MINISTRY OF LAW
3 APRIL 2017
Media Contacts
Mustaffa Bin Ehsan Sa’aid
Email: [email protected]
DID: 6332 8708
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Karen Lin
Email: [email protected]
DID: 6332-8828
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