Tag Archives: Intellectual Property Office Singapore

Intellectual Property, Singapore: Registered Designs legislative amendments enters into force

Intellectual Property of Singapore (IPOS) in its constant endeavor to grow the IP regime and provide an effective legal framework to the local design industries of Singapore has taken a significant step forward as the Registered Designs (Amendment) Act 2017 (“Act”) and its corresponding subsidiary legislation amendments comes into force from October 30, 2017 [1] [2]. Key features of the amendment are as follows:

 Expanding the scope of Registered Design:

This amendment allows the broadening of scope of the designs that can be registered. In simpler words, an applicant can protect more types of features for their designs. This includes the design features related to a non-physical product and also includes the feature of colors and handicrafts.  A new category which has been introduced into the ‘Registered Designs Act’ is a Non-Physical product which can be a virtual of projected design. A “non-physical product” is anything which

  • doesn’t have a physical shape or feel;
  • is a projection of a design on a surface or into a medium (including air); and
  • has an intrinsic utility.

A virtual keyboard can be an example of a non-physical product which does not have a physical shape/form and is projected by light onto a surface, and which has an intrinsic utility function to type characters in the same way as a physical computer.

Changing the default ownership position of  commissioned designs:

Prior to the amendment, when the designers were commissioned to create a design, the commissioning party was considered to be the owner of the rights in the design, not the creator/ designer. According to the amendment, Section 4 of the Registered Designs Act gives the ownership rights to the designer/ creator by default unless the parties have contracted otherwise.

Extension of Grace Period:

Inclusion of a new section 8A in the Act allows to broaden the circumstances where the designs are disclosed by the designers and to lengthen the grace period for designers to get their designs registered in cases where the designs were disclosed to the public prior to date of filing the registration application. The grace period has been extended from 6 months to 12 months. In other words, the designer can still file a design application for his/her design within 12 months of any disclosure made by him/her for the same design. This new Section 8A shall apply in cases where the disclosure was made on or after the date of commencement of the legislative changes (i.e. 30 October 2017).

Allowing multiple designs to be filed in a single application:

The amendment allows the applicants to file a single application for multiple designs. This must be done at the time of filing the application for registration of their designs on ‘Form D3’. A maximum of 50 designs can be filed within a single application.

Further for providing convenience in filing applications, the amendment includes a new Section 16 A which states that for correcting any non-compliance or to comply with either or both of the formal requirements of Section 11 (2) (c) and 11 (4) (a), subject to the permission of the Registrar, a new application can be filed by the applicant for registration of the design. An additional benefit is granted to the applicant i.e. the new application filed by the applicant shall be treated as filed on the date of filing of the previous application for registration of design.

A per the released Circular No. 6/2017 [2], the corresponding subsidiary legislation amendments to the Registered Designs (Amendment) Act 2017 can be found in the Registered Designs (Amendment No. 2) Rules 2017, the Registered Designs (International Registration) (Amendment) Rules 2017 and the Copyright (Amendment) Regulations 2017.

The above amendments as already mentioned allows greater ownership rights for the local designers and to get protection for more type of features for their designs.

The updated legislative amendments in relation to the changes above will be made available on the IPOS website (https://www.ipos.gov.sg/resources/ip-legislation) [4] after it is published in the Government Gazette.

Author: Shilpi Saxena, Jr. Patent Associate at Khurana & Khurana Advocates and IP Attorneys can be reached at shilpi@iiprd.com.

References:

[1]https://www.ipos.gov.sg/docs/default-source/resources-library/design/Guidelines-and-Useful-Information/registered-designs-infographic-legislative-amendments.pdf

[2]https://www.ipos.gov.sg/docs/default-source/resources-library/design/circulars/2017/(2017)-circular-no-6—designs-related-legislative-amendments-to-enter-into-force-on-30-october-2017.pdf

[3]https://www.ipos.gov.sg/

[4]https://www.ipos.gov.sg/resources/ip-legislation

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Intellectual Property Office Singapore (IPOS) wins Architecture Excellence Award in “Business Architecture”

On July 13, 2017 [1], the Intellectual Property Office of Singapore was declared the winner of the Architecture Excellence Award in the “Business Architecture” category at the Architecture Excellence Awards Night held at Sydney, Australia. The award was presented by iCMG International Award certificates and prizes were given to the winners during the dinner gathering on July 13th during Architecture World Summit 2017, Sydney Australia [2].

Evaluation process for these Awards:

There were multiple rounds for evaluating the winners for different categories. Through every round of competition, the Jury was assigned applications in the area of their individual interest and expertise, so that the applications always evaluated by people who appreciate and understand the type of architecture work that the applicants for the awards have done. The whole evaluation process has been described below [3]:

Round 1

In the first round of competition, submission was reviewed by the core committee. The applications which were qualified on the initial criteria were moved to the next round.

Round 2

In the second round of the competition the qualified applications from the first round were reviewed by the members of the Jury independently. Their scores given by the judges determined the finalists in each category.

Round 3

In this round of the competition, top three finalists in each category were identified based on the combined scores of the jury members.

Round 4

In this round of the completion a video interaction took place between the jury members and business leaders from the finalists. After all the rounds the combined scores of jury members determined the Winners in each category.

There were multiple categories in which awards were given in the Architecture Excellence Awards organized by ICMG International. ‘Business Architecture’ was the category of which IPOS was the winner [4]. As stated in the press release by IPOS [1], this award recognizes architects and enterprises whose work demonstrates a combination of talent, vision and workmanship in creating successful and enduring systems and enterprises. It also serves to highlight remarkable projects and best practices to the global audience. IPOS was recognized for its achievements in re-engineering its business services, information, timing cycle and stakeholders for achieving business goals. This attests to IPOS’ commitment to be an innovation agency that uses its IP expertise and networks to help local and foreign enterprises commercialize their ideas and intellectual property, from Singapore and through Singapore into the world. This award has become a global benchmark of excellence for leading companies from USA, Europe, Asia, Middle East, Africa and South America that have participated in this competition.

About the Author: Shilpi Saxena, Jr. Patent Associate at Khurana & Khurana Advocates and IP Attorneys can be reached at shilpi@iiprd.com.

References

[1] https://www.ipos.gov.sg/media-events/happenings/ViewDetails/ipos-wins-architecture-excellence-award-in-business-architecture/

[2] http://live.icmgworld.com/anz/architectureworld/2017/

[3] https://live.icmgworld.com/anz/architectureawards/2017/process/evaluation-process.html

[4] https://live.icmgworld.com/anz/architectureawards/2017/winners/2017#