Part of a comprehensive analysis of the Registered Designs Act 2000
All Parts in This Series
Registrar of Designs and the Registry: Control and Administration
The Registered Designs Act 2000 establishes a clear administrative framework for the management of registered designs in Singapore, central to which is the role of the Registrar of Designs. Section 49(1) states:
"There is to be a Registrar of Designs who has control of the Registry of Designs." — Section 49(1), Registered Designs Act 2000
Verify Section 49 in source document →
This provision exists to ensure that there is a designated authority responsible for overseeing the registration process, maintaining the integrity of the Registry, and ensuring compliance with the Act. The Registrar acts as the custodian of design registrations, providing a single point of accountability and expertise.
To facilitate efficient administration, Section 50(1) empowers the Registrar to delegate powers:
"The Registrar may... delegate all or any of the Registrar’s powers or functions under this Act (except this power of delegation) to an Assistant Registrar of Designs, any public officer, or any person with the relevant qualifications for or experience in the matter or class of matters." — Section 50(1), Registered Designs Act 2000
Verify Section 50 in source document →
This delegation power exists to enable flexibility and specialization in handling the diverse matters arising under the Act. It allows the Registrar to appoint qualified individuals to perform specific functions, thereby improving efficiency and expertise in decision-making. Notably, subsection (3) clarifies that such delegates are deemed public servants under the Penal Code 1871, ensuring accountability and adherence to legal standards:
"A person with the relevant qualifications or experience referred to in subsection (1) is, when exercising the delegated powers and functions, deemed to be a public servant for the purposes of the Penal Code 1871." — Section 50(3), Registered Designs Act 2000
Verify Section 50 in source document →
Maintenance and Rectification of the Register of Designs
The Registrar is mandated to maintain an official record known as the Register of Designs, as per Section 53(1):
"The Registrar must maintain a register to be known as the Register of Designs." — Section 53(1), Registered Designs Act 2000
Verify Section 53 in source document →
The purpose of this provision is to create a reliable and authoritative public record of all registered designs, which serves as evidence of registration and ownership. This register facilitates transparency, legal certainty, and public access to design information.
Recognizing that errors or inaccuracies may occur, Section 54(1) empowers the Court to order rectification of the Register:
"The Court may, on the application of any person aggrieved, order the Register to be rectified by the making, or the variation or deletion, of any entry therein." — Section 54(1), Registered Designs Act 2000
Verify Section 54 in source document →
This provision exists to protect the rights of parties affected by erroneous entries and to uphold the integrity of the Register. It provides a judicial mechanism to correct mistakes, ensuring that the Register accurately reflects the true state of design registrations.
To promote accessibility, Section 55(1) requires the Register to be open for public inspection during business hours:
"The Register must be available at the Registry for inspection by any person during the hours when the Registry is open for business." — Section 55(1), Registered Designs Act 2000
Verify Section 55 in source document →
This openness supports transparency and allows interested parties, such as designers, competitors, and legal practitioners, to verify registrations and obtain certified copies or extracts as defined in Section 55(5):
"In this section, 'certified copy' and 'certified extract' mean a copy and an extract certified by the Registrar." — Section 55(5), Registered Designs Act 2000
Verify Section 55 in source document →
Procedural Powers and Enforcement by the Registrar
The Act grants the Registrar significant procedural powers to ensure effective administration and enforcement. Section 58 authorizes the Registrar to summon witnesses, receive evidence on oath, and require production of documents or devices:
"The Registrar may, for the purposes of this Act— (a) summon witnesses; (b) receive evidence on oath, whether orally or otherwise; and (c) require the production of documents, articles or devices for projecting non‑physical products." — Section 58, Registered Designs Act 2000
Verify Section 58 in source document →
These powers exist to enable the Registrar to conduct thorough inquiries and investigations necessary for the proper application of the Act. They help uncover relevant facts and evidence to support decisions on registrations, disputes, or enforcement actions.
To ensure compliance, Sections 59(1) and 60(1) impose obligations on persons summoned or appearing before the Registrar:
"A person who has been summoned to appear as a witness before the Registrar must not, without lawful excuse, fail to appear in obedience to the summons." — Section 59(1), Registered Designs Act 2000
Verify Section 59 in source document →
"A person who appears before the Registrar must not, without lawful excuse, refuse to be sworn or to make an affirmation, or to produce documents, articles or devices for projecting non‑physical products, or to answer questions." — Section 60(1), Registered Designs Act 2000
Verify Section 60 in source document →
These provisions exist to uphold the authority of the Registrar and ensure that investigations are not obstructed. They are essential for the effective administration of justice within the design registration system.
Penalties for non-compliance are prescribed to reinforce these obligations. Section 59(3) and Section 60(2) provide for fines and imprisonment:
"Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both." — Section 59(3), Registered Designs Act 2000
Verify Section 59 in source document →
"Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both." — Section 60(2), Registered Designs Act 2000
Verify Section 60 in source document →
These penalties exist to deter non-compliance and to maintain the integrity and effectiveness of the Registrar’s investigatory powers.
Correction of Clerical Errors and Costs
Section 57(1) empowers the Registrar to correct clerical errors in the Register:
"The Registrar may... correct any clerical error in the Register." — Section 57(1), Registered Designs Act 2000
Verify Section 57 in source document →
This provision exists to allow the Registrar to promptly rectify minor mistakes without the need for court intervention, thereby maintaining the accuracy and reliability of the Register.
Regarding costs in proceedings before the Registrar, Section 56(1) provides:
"The Registrar may, in proceedings before the Registrar under this Act, by order award to any party such costs as the Registrar may consider reasonable and direct how and by what parties they are to be paid." — Section 56(1), Registered Designs Act 2000
Verify Section 56 in source document →
This provision exists to ensure fairness and to allocate the financial burden of proceedings appropriately, discouraging frivolous or vexatious applications and promoting efficient resolution of disputes.
Limitations on Liability and Appeals
Section 61 limits the liability of the Office, the Registrar, and persons acting under their authority:
"Neither the Office nor the Registrar nor any person acting under its, his or her authority— (a) is to be taken to warrant the validity of the registration of any design registered under this Act or under any treaty...; or (b) is subject to any liability by reason of, or in connection with, any examination required or authorised by this Act..." — Section 61, Registered Designs Act 2000
Verify Section 61 in source document →
This provision exists to protect the Registrar and the Registry from legal claims arising from errors or omissions in the registration process, recognizing that the Registrar’s role is administrative and that validity issues may be subject to judicial determination.
Section 62(1) provides for appeals against decisions or orders of the Registrar:
"Except as provided by rules made under this Act, an appeal lies to the Court from any decision or order of the Registrar under this Act." — Section 62(1), Registered Designs Act 2000
Verify Section 62 in source document →
Appeals ensure that parties aggrieved by the Registrar’s decisions have access to judicial review, promoting fairness and accountability. The term "appellate court" is defined in Section 62(4) with reference to the Supreme Court of Judicature Act 1969:
"'appellate court' means the court to which an appeal under subsection (3) is to be made under section 29C of the Supreme Court of Judicature Act 1969; 'decision' includes any act of the Registrar done in the exercise of a discretion vested in the Registrar by or under this Act." — Section 62(4), Registered Designs Act 2000
Verify Section 62 in source document →
Procedural Fairness and Practice Directions
Section 63 mandates procedural fairness in the exercise of discretionary powers by the Registrar:
"Where any discretionary power is given to the Registrar by this Act, the Registrar must not exercise the power without giving to any person who may be adversely affected by the Registrar’s decision an opportunity to be heard." — Section 63, Registered Designs Act 2000
Verify Section 63 in source document →
This provision exists to uphold the principles of natural justice, ensuring that affected parties have a fair chance to present their case before adverse decisions are made.
Finally, Section 64(1) empowers the Registrar to issue practice directions:
"The Registrar may issue practice directions to specify the hours of business of the Registry; and the days which are to be treated as excluded days." — Section 64(1), Registered Designs Act 2000
Verify Section 64 in source document →
This provision exists to provide operational flexibility, allowing the Registrar to manage the Registry’s business hours and holidays effectively, thereby facilitating orderly administration.
Conclusion
The provisions of the Registered Designs Act 2000 concerning the Registrar and the Registry establish a comprehensive framework for the administration, maintenance, and enforcement of design registrations in Singapore. They balance administrative efficiency, procedural fairness, public accessibility, and legal certainty. The powers and duties conferred on the Registrar are designed to uphold the integrity of the design registration system while providing mechanisms for correction, appeal, and enforcement.
Sections Covered in This Analysis
- Section 49(1)
- Section 50(1), (3)
- Section 53(1)
- Section 54(1)
- Section 55(1), (5)
- Section 56(1)
- Section 57(1)
- Section 58
- Section 59(1), (3)
- Section 60(1), (2)
- Section 61
- Section 62(1), (4)
- Section 63
- Section 64(1)
Source Documents
For the authoritative text, consult SSO.