By Vladimir Isaev, Bonamark
Design registration in Singapore is the best tool to protect the visual aspect of product to gain a competitive edge in the market. The Intellectual Property Office of Singapore (IPOS) manages the design registration process, keeps the register of all protected designs and provides information of protected designs to the public. This article provides a comprehensive guide on the design registration process in Singapore, covering what can be registered, reasons for refusal, the registration process itself, required documents, opposition process, costs, and the benefits of filing a design in Singapore.
Contents
1. What Can Be Registered as a Design in Singapore?
2. Reasons for Refusal of a Design Application in Singapore
3. The Design Registration Process in Singapore
4. Documents Required for Design Registration in Singapore
5. Design Opposition Process in Singapore
7. Why File a Design in Singapore?
1. What Can Be Registered as a Design in Singapore?
A design in Singapore can be registered if it pertains to the visual aspects of an article or product. Specifically, a design refers to features such as shape, configuration, pattern, or ornamentation applied to an article, whether it is three-dimensional or two-dimensional. It is essential that the design is not solely dictated by the function of the product; aesthetic appeal plays a significant role in its registrability.
The design must be new and not previously disclosed in any part of the world. However, there is a grace period under the Singapore design law. This grace period is 12 months from the date of the first disclosure of the design. During this grace period, the disclosure of the design by the designer, or with the designer’s consent, will not be considered when assessing the novelty of the design for registration purposes.
Examples of registerable designs include industrial products like electronics, furniture, and fashion items. It is important to note that graphic symbols, typefaces, and layout designs for integrated circuits are not considered registerable under the Singapore design protection framework.
2. Reasons for Refusal of a Design Application in Singapore
The IPOS may refuse a design application in Singapore for several reasons:
Lack of Novelty: The design is not new or has been disclosed to the public prior to the filing date.
Functional Features: The design’s appearance is dictated solely by its function, lacking any aesthetic component.
Contrary to Public Order or Morality: The design includes scandalous or offensive material.
Pre-existing Registered Design: The design is identical or similar to an existing registered design in Singapore.
Applicants must ensure their designs meet these criteria to avoid refusal.
3. The Design Registration Process in Singapore
The design registration process in Singapore involves several steps:
1. Application Submission: Applicants must file their design applications online via the IPOS Digital Hub. The application should include detailed representations of the design, a description, and the relevant fees. Also check how to register a trademark in Singapore.
2. Formal Examination: IPOS conducts a formal examination to ensure the application meets all procedural requirements. If deficiencies are found, applicants are given a chance to correct them.
3. Substantive Examination: IPOS examines the design’s novelty and registrability. If the design meets all criteria, it proceeds to the next stage. If not, a refusal or modification may be issued.
4. Publication: Once the design passes substantive examination, it is published in the Designs Journal. This publication marks the official grant of the design rights.
5. Certificate Issuance: A certificate of registration is issued, confirming the design’s protection under Singaporean law.
A registered design is protected for 15 years but needs to be renewed every 5 years from the date when the registration decision has been issued.
4. Documents Required for Design Registration in Singapore
Applicants must submit the following documents for a successful design registration in Singapore:
- Application Form: Completed online application form.
- Representations of the Design: Clear and comprehensive visual representations (drawings or photographs) of the design.
- Description of the Design: A brief description explaining the design’s visual features.
- Statement of Novelty: A declaration outlining the novel aspects of the design.
- Priority Documents: If claiming priority from an earlier application filed in another country, relevant priority documents must be submitted.
- Payment of Fees: Payment of the prescribed application and publication fees.
5. Design Opposition Process in Singapore
The design opposition process allows third parties to oppose the registration of a design after its publication. The opposition must be filed within three months from the date of publication in the Designs Journal. Grounds for opposition can include:
- Lack of Novelty: The design is not new.
- Non-registrable Design: The design falls into a category that cannot be registered.
- Fraud: The application was made in bad faith or contains false information.
The opposing party must file a notice of opposition, and the applicant has the right to respond. IPOS will consider both parties’ arguments before making a decision.
6. Design Costs in Singapore
The costs involved in the design registration process in Singapore include:
| Professional fee for filing per design | US$350 |
| Government fee for filing per design | S$250 |
| Professional fee for publication per design | US$65 |
| Government fee for publication per design | S$50 |
The design registration cost in Singapore via the iPNOTE platform starts from as low as $535, which includes all government fees and document preparation. Find the best IP attorney in Singapore on iPNOTE
7. Why File a Design in Singapore?
Filing a design in Singapore offers several benefits:
- Exclusive Rights: Registered designs grant the holder exclusive rights to use, sell, or license the design.
- Market Advantage: Protecting a design prevents competitors from copying and profiting from it.
- Legal Protection: Registered designs provide legal grounds to take action against infringers.
- Brand Image: Unique and protected designs enhance brand reputation and consumer trust.
Singapore’s robust IP framework and strategic location as a business hub make it an attractive destination for design registration.
8. Conclusion
The design registration process in Singapore is a critical step for protecting and leveraging innovative designs. By understanding what can be registered, the potential grounds for refusal, and the detailed process involved, applicants can navigate the system effectively. Ensuring all required documents are in order, being aware of the opposition process, and understanding the costs will further smoothen the registration journey. Ultimately, filing a design in Singapore not only secures exclusive rights but also strengthens a business’s competitive position in the market.
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