How do I find out about designs that have been registered?
You may search for registered and published designs in Singapore at IPOS Digital Hub. You may also wish to check the designs database of other countries.
How can I benefit from Article 4 of the Paris Convention in subsequent design filings?
Article 4 of the Paris Convention relates to the right of priority. If you have filed an application for the registration of a design in a Convention country, you may claim a right of priority for the registration of the same design when filing the subsequent application in another Convention country.
If a right of priority is claimed, you will have priority from (and including) the date on which the first Convention application was filed. Hence, the subsequent application is treated, for the purposes of determining whether that design is new, as filed on the date on which the first Convention application was filed.
The subsequent application and claim of priority must be made within 6 months after the date on which the first Convention application is filed.
Can I choose to designate any countries under the Hague Agreement?
This will depend on your entitlement to file the international application. For your information, Singapore is party only to the Geneva (1999) Act. For examples on entitlement to file, you may wish to refer to the explanatory notes to the application form (DM/1.INF) at www.wipo.int -> IP Services ->Designs (Hague System)-> E-filing/Forms
Can I lodge an application for the registration of a design that has been used in another country?
To qualify for registration, a design must be new and not known to anyone in the world. Thus a design that has been used in another country would not be registrable in Singapore.
Can I make amendments to my application?
Yes, IPOS will permit amendments to the application if the proposed amendment does not substantially alter the overall appearance of the design or widen the scope of the rights. To lodge an amendment, you should file Designs Form D5 together with the prescribed fee.
Can IPOS advise me if my design is registrable?
If you have any difficulty ascertaining the registrability of your design or other legal requirements, you should consider seeking professional advice from an agent/lawyer. IPOS would not be able to provide legal advice to applicants on the registrability of your design.
Can I request that the publication of the international registration be deferred?
Under the Geneva (1999) Act, publication may be deferred up to 30 months. However, Singapore law does not provide for deferment of publication. Hence, if an international registration designates Singapore and the applicant wishes to proceed with the deferment, Singapore may have to be withdrawn from the list of designated countries.
Can I surrender my design after registration?
You may apply to surrender a registered design by filing Form CM3 at no costs.
Can I transfer my registered design to someone else or license it out?
Yes. As with other forms of IP, a registered design is a right that can be assigned or licensed to another party.
An application to register such transactions with the Registry shall be made via Form CM6 (Application to register, amend or terminate licence), or Form CM8 (Application to an assignment of a registered design or any right in it) together with the prescribed fees.
Do I need a Singapore design registration before I can file an international application?
No, the filing of an international application does not require any prior national application or filing. A design may be filed and protected for the first time at the international level through the Hague Agreement.