Introduction to Singapore Registered Designs

In Singapore, registered designs are an essential form of intellectual property (IP) protection that allow businesses to safeguard the unique visual appearance of their products.

Designs are registered at the Intellectual Property Office of Singapore (IPOS), which administers the registration process, granting legal protection that enables owners to prevent others from using, making, or selling products that on which their registered designs are applied.

This protection helps businesses maintain their competitive edge by securing the distinct aesthetic elements that differentiate their products in the market.

Registrability Requirements for Designs in Singapore

To qualify for registration in Singapore, a design must meet several key criteria.

Nature of Design: A design refers to the features of shape, configuration, colours, pattern or ornament applied to any article or non-physical product that give that article or non-physical product its appearance.

Design Applies to an Article or Non-Physical Product: The design must be applied to an article, which is anything that may be manufactured by an industrial process, or to a non-physical product, i.e., anything that does not have a physical form. The design protection applies only to the appearance of the article to which it is applied, not to the article itself.

Novelty: In order for a design to be registered, it must satisfy the criterion of novelty. A novel design is one which is new, meaning that it has not been registered in Singapore beforehand or disclosed to the public anywhere in the world before the filing date.

The design is not considered novel if it only differs from such a registered or known design “only in immaterial details or in features which are variants commonly used in the trade”.

While there is now a 12-month grace period for disclosure under Singapore law, you should be careful not to rely on this as it may jeopardise design protection in other countries, which may not have such a corresponding grace period provision.

Non-Functionality: The design must relate to the aesthetic aspects of a product, not its functional features. In other words, the design should be concerned with the appearance, shape, configuration, pattern, or ornamentation of the product rather than how it works. Functional aspects are typically protected under patent law, not design law.

Non-Registrable Designs

The Registered Designs Act sets out a list of things that may not be registered:

• Designs that are contrary to the public order or morality.

• Computer programs or layout-designs of integrated circuits.

• Designs applied to certain articles: Works of sculpture (other than casts used or intended for use as models or patterns to be multiplied by any industrial process); wall plaques, medals and medallions; and printed matter primarily of a literary or artistic character (including book jackets, calendars, certificates, coupons, dress-making patterns, greeting cards, labels, leaflets, maps, plans, playing cards, postcards, stamps, trade advertisements, trade forms and cards, transfers and similar articles).

• Any method or principle of construction.

• Designs that are dictated solely by the function which the article or non-physical product has to perform.

• Designs that are dependent upon the appearance of another article or non-physical product of which it is intended by the designer to form an integral part.

• Designs that enable the article or non-physical product to be connected to, or placed in, around or against, another article or non-physical product so that either article or non-physical may perform its function.

Registration Process for a Design Application in Singapore

1. Preparation of Application: The application must include a clear representation of the design (e.g., drawings or photographs) and a statement of the article to which the design is applied. The application should also specify the classes and subclasses under the Locarno Classification system that the design falls into.

2. Filing the Application: The application is submitted to IPOS together with filing fees. Each design can be filed individually, or multiple designs may be filed as a series, provided they relate to the same product and have only minor variations.

3. Formal Examination: Once the application is filed, IPOS conducts a formal examination to ensure that the application meets all procedural requirements. This includes checking that the necessary documents are submitted, the fees are paid and the design complies with the formalities required by the law.

4. Substantive Examination: In Singapore, registered designs are generally not subject to substantive examination. If the application passes formal examination, it usually proceeds directly to registration.

5. Publication and Registration: The design is registered and details of the registration are published in the Designs Journal. This publication serves as an official notice to the public of the registered design and its owner. The registration certificate is then issued to the registrant.

Term of a Design Registration in Singapore

A question we are often asked is: “how long does a registered design last in Singapore?”

A registered design in Singapore is valid for an initial period of 5 years from the date of application. The registration may be renewed for additional 5-year periods, up to a maximum of 15 years.

Conclusion

Registered design protection in Singapore provides crucial legal safeguards for businesses looking to protect the unique visual elements of their products. By ensuring that a design meets the registrability requirements and following the filing process carefully, businesses can secure protection that prevents unauthorized copying or imitation of their designs. This protection may not only help maintain brand identity but also contribute to a product’s commercial success by preserving its distinctiveness in the market.

Questions?

If you have any questions on registered designs, please get in touch with us.