Industrial design registration requires compliance with specific criteria. Nowadays, in the context of the increasingly developing market economy, there are many new inventions and inventions created to keep up with the trend, besides, the number of industrial design applications has also increased significantly. In Singapore, there are quite a few sectors that are considered advantageous for the development of various types of industrial designs. With its modern urban spaces and focus on sustainable architecture, Singapore is an ideal place to develop industrial-style solutions for urban projects, public works, and living spaces. In terms of sustainable solutions and environmental protection, Singapore always aims to become a green and sustainable country, so eco-friendly, energy-saving and resource-saving industrial design products and solutions will be prioritized for development. The Singapore government also facilitates start-ups and supports new product development. This creates a great incentive for industrial designers to turn ideas into commercial products, so more and more organizations and individuals want to register industrial designs in Singapore. Viet An Law would like to guide customers through the procedure for registering industrial designs in Singapore through the article below.
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Legal Basis
Registered Designs Law 2000 (2020 Amendment, amended to the Intellectual Property (Border Enforcement) Law 2018)
Definition of Industrial Design in Singapore
In Singapore, an industrial design is defined in the Registered Designs Act (Chapter 266) as:
“Characteristics of shape, configuration, pattern, or decoration applied to an item by any industrial process or medium, are characteristics that in the finished product are attractive and evaluated with the naked eye.”
This means that the industrial design is related to the external appearance of a product, which derives from characteristics such as:
Shape: The overall appearance or outline of the item.
Configuration: The arrangement of parts or elements inside the item.
Pattern: A design or pattern that repeats on the surface of an item.
Decoration: Decorative characteristics are applied to the item.
Novelty: The design must be new, which means that it has not been made available to the public anywhere in the world prior to the date of application. This includes use, sale, or public publication.
Industrial applicability: The design must be able to be mass-produced using an industrial process. In Singapore, this is often understood as the ability to recreate the design of more than 50 units.
Aesthetics: The design must be attractive and visually evaluated, which means it has to do with the aesthetic appearance of the product and not its function.
More than just functionality: Design can’t be decided by technical function alone. While some functional aspects may appear, the overall form must also have an important aesthetic component.
Not contrary to public order or morality: Designs must not be contrary to public order or morality, as decided by the Director of the Design Bureau.
Types of industrial designs that can be registered in Singapore
Two-dimensional (2D) designs: These designs relate to the appearance of a flat surface, such as patterns, graphics, or decorations that are applied to products such as textiles, packaging, or wallpaper.
Three-dimensional (3D) designs: These designs relate to the shape or configuration of a product, such as the shape of a chair, bottle, or vehicle.
Combining 2D and 3D Designs: This category includes designs that combine both two-dimensional and three-dimensional features, such as the overall shape of the product with a unique pattern applied to its surface.
In addition, Singapore allows registration:
Partial Designs: These styles cover only one or a specific part of an item, such as the handle of a tool or the design of a button on a garment.
Item Set: This refers to a group of items that are intended to be used together and share a unified design concept, such as a dining table set or a collection of furniture.
Industrial Design Search in Singapore
IPOS Digital Hub
IPOS Digital Hub is the official online platform for searching by industrial design and other intellectual property rights in Singapore, offering both basic and advanced search options.
Basic Search: Allows applicants to search by a single criteria, such as a number by industrial design, applicant’s name, or keyword.
Advanced Search: Provides more flexibility, allowing single owners to combine multiple search criteria and filter results by date, technology classification, and other parameters.
It is a regional database that allows users to search for registered industrial designs in ASEAN member states, including Singapore.
DesignView
It is a global database maintained by the World Intellectual Property Organization (WIPO) that provides access to design data from participating offices around the world, including Singapore.
Industrial Design Registration Dossier in Singapore
Application Form: The application form includes the following information:
Name, address, nationality and contact information of the applicant (and representative, if applicable);
Title of industrial design;
Specifies the products to which the style will be applied (Product Type).
International Classification Code for Industrial Designs (Locarno Classification).
Representative image of the style:
Drawings, photographs, or other graphic images of the design.
These images need to clearly represent all angles of the style (front, back, side, top, bottom, perspective, etc.).
A maximum of 7 images can be submitted.
Priority documentation (if applicable): If a priority claim is from a previous application filed in another country, the applicant will need to submit a certified copy of the previous application.
Power of attorney (if applicable): If the applicant files through a representative (e.g., attorney or intellectual property representative), the applicant will need to provide a power of attorney that allows them to act on behalf of the applicant.
Other documents, if any:
Copyright claim (if the applicant is not the creator of the design).
The transfer document (if the rights to the design have been transferred).
Registration of industrial designs in Singapore under the Hague Agreement
What is the Hague Agreement on the registration of industrial designs?
The Hague Agreement on the Registration of Industrial Designs (referred to as the Hague Agreement) is an international treaty administered by the World Intellectual Property Organization (WIPO). This agreement provides an international registration system for industrial designs that makes it easy for individual designers and businesses to protect their designs on a global scale.
Benefits of registering industrial design protection through the Hague Agreement
Simple: Instead of having to file an individual application in each country, the applicant only needs to file a single application in one language (English, French or Spanish) and pay in one currency (Swiss franc) to apply for protection in multiple member states.
Savings: Significantly reduces costs compared to filing individual applications in each country.
Centralized Management: Easily manage the applicant’s portfolio of registered industrial designs through a single system.
Flexibility: The applicant can choose the countries in which you want to protect your industrial design.
Dossier of registration for protection of industrial designs under the Hague Agreement
A dossier for registration of an industrial design under the Hague Agreement includes the following documents:
International Registration Declaration:
The applicant completes the application according to WIPO’s prescribed form in one of three languages: English, French or Spanish.
In the application, it is necessary to clearly specify the application for protection under the 1999 Document or the 1960 Document of the Hague Agreement.
List the countries in which the applicant wishes to protect his industrial design.
Images or drawings of the industrial design: the image needs to clearly and fully show the perspectives of the industrial design that the applicant wants to register. The applicant also needs to pay attention to ensuring the quality of good and clear images or drawings.
Documentation of payment of fees: The applicant notes that the international registration fee should be paid in accordance with WIPO regulations.
Perform the search and notify customers in writing of the results of the industrial design search in Singapore;
Drafting dossiers and directly filing and monitoring the status of industrial design applications filed on behalf of industrial design owners in Singapore;
Notifying, advising and handling deficiencies/refusals of competent State agencies (if any) in the process of monitoring industrial design applications in Singapore;
Assist in monitoring and representing the resolution of objections and feedback to the intellectual property representative carrying out procedures in Singapore.
Receive official dispatches, certificates and hand over to customers (if any).
If you wish to file an application for registration of an industrial design in Singapore, please contact Viet An Law Firm for the most effective support.
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