Statute Details
- Title: Registered Designs (Border Enforcement Measures — Fees) Rules 2022
- Act Code: RDA2000-S815-2022
- Legislation Type: Subsidiary legislation (Rules)
- Authorising Act: Registered Designs Act 2000
- Authorising Provision: Section 68C of the Registered Designs Act 2000
- Enacting Formula / Maker: Minister for Finance
- Date Made: 18 October 2022
- Citation and Commencement: Commenced on 21 November 2022
- Status: Current version as at 27 Mar 2026 (with amendments reflected in the legislation timeline)
- Key Provisions (from extract): Section 1 (Citation and commencement); Section 2 (Fees); Schedule (fee amounts)
What Is This Legislation About?
The Registered Designs (Border Enforcement Measures — Fees) Rules 2022 (“the Fees Rules”) are subsidiary legislation made under the Registered Designs Act 2000. In practical terms, the Fees Rules set out the fees payable to the Director-General in connection with border enforcement measures relating to registered designs.
Border enforcement measures are mechanisms that allow rights holders to seek action at or near Singapore’s borders against goods suspected of infringing registered design rights. These measures typically involve administrative steps, applications, and processing by the relevant authority. The Fees Rules ensure that the administrative and enforcement-related costs associated with these processes are funded through prescribed charges.
Although the extract provided does not reproduce the full Schedule, the structure is clear: Section 2 authorises the payment of fees that are listed in the Schedule, with each fee linked to a specific “matter” or procedural step described in the first column of the Schedule. For practitioners, the key takeaway is that the Rules are not about substantive design rights; they are about the cost framework for using the border enforcement system.
What Are the Key Provisions?
Section 1 (Citation and commencement) provides the formal identification and effective date of the Fees Rules. It states that the Rules are cited as the Registered Designs (Border Enforcement Measures — Fees) Rules 2022 and that they come into operation on 21 November 2022. For legal work, commencement matters because fee obligations and procedural timelines often depend on the version of the Rules in force at the time an application is filed or an action is taken.
Section 2 (Fees) is the operative charging provision. It provides that the fees specified in the second column of the Schedule are payable to the Director-General in respect of the matters set out in the first column of the Schedule. This drafting approach is common in Singapore subsidiary legislation: the statute establishes the principle (fees are payable), while the Schedule supplies the detailed fee amounts and the specific triggers for payment.
From a practitioner’s perspective, Section 2 raises several practical questions that must be answered by consulting the Schedule and the relevant border enforcement procedure under the Registered Designs Act 2000 and any related rules or practice directions. For example: Which procedural step corresponds to which fee? Is the fee payable at filing, upon grant, upon renewal, or upon a specific enforcement action? Are there different fees depending on the type of application or the scope of the border measures? The Fees Rules are designed to be read together with the Act’s border enforcement framework.
The Schedule is the heart of the Fees Rules. While the extract does not list the Schedule entries, the Schedule’s two-column structure is expressly described in Section 2: the first column sets out the “matters” (i.e., the relevant actions or events), and the second column sets out the corresponding fee amounts. In practice, the Schedule will typically include items such as application fees, processing fees, or fees associated with maintaining or extending border enforcement measures. Practitioners should treat the Schedule as a mandatory compliance checklist for cost planning and for advising clients on the financial implications of seeking border enforcement.
How Is This Legislation Structured?
The Fees Rules are structured in a straightforward, functional format:
(1) Enacting formula and commencement establish the legal basis and effective date. The enacting formula indicates that the Minister for Finance makes the Rules in exercise of powers conferred by section 68C of the Registered Designs Act 2000.
(2) Section 1 contains the citation and commencement provision.
(3) Section 2 sets out the general rule that fees in the Schedule are payable to the Director-General for the matters listed in the Schedule.
(4) The Schedule provides the detailed fee table. The Schedule is intended to be consulted directly when determining the fee payable for a particular border enforcement-related action.
There are no “Parts” identified in the metadata, and the extract indicates a compact legislative instrument. This is typical for fee rules: they are designed to be updated by amendment instruments rather than through extensive re-enactment.
Who Does This Legislation Apply To?
The Fees Rules apply to parties who engage with the border enforcement measures process under the Registered Designs Act 2000. In most cases, this will be rights holders (or their authorised representatives) who seek to have border enforcement measures applied to goods suspected of infringing registered design rights.
Because Section 2 specifies that fees are payable to the Director-General, the Rules also define the administrative interface: the Director-General is the receiving authority for the prescribed fees. Practitioners should therefore ensure that fee payments are correctly directed and timed according to the Schedule and the procedural requirements under the Act and any related subsidiary legislation.
Why Is This Legislation Important?
Although the Fees Rules are limited in scope, they are important because border enforcement is often a time-sensitive and resource-intensive strategy. The ability to stop or deter infringing goods at the border depends not only on legal eligibility under the Registered Designs Act 2000, but also on the administrative steps that rights holders must complete. Fees are a key part of that process: they affect budgeting, client expectations, and the practical feasibility of pursuing border measures.
From an enforcement and compliance standpoint, the Fees Rules provide legal certainty on what must be paid and to whom. Section 2’s reference to the Schedule ensures that fee obligations are anchored in a published table rather than discretionary charges. This supports transparency and reduces the risk of disputes about whether a fee is payable for a particular step.
For practitioners advising clients, the Fees Rules also have a versioning dimension. The legislation timeline indicates that the Rules were made in 2022 and that there was an amendment effective from 1 January 2024 (amended by S 770/2023). Even if the extract does not specify the nature of the amendment, practitioners should always verify the current fee schedule at the time of filing or renewal. Fee changes can affect both the amount payable and the procedural planning required for applications and ongoing enforcement.
Related Legislation
- Registered Designs Act 2000 (including section 68C, which authorises the making of these Rules, and the broader border enforcement measures framework)
- Registered Designs (Border Enforcement Measures — Fees) Rules 2022 (this instrument)
- Amending subsidiary legislation: S 770/2023 (effective 1 January 2024) — as indicated in the legislation timeline
Source Documents
This article provides an overview of the Registered Designs (Border Enforcement Measures — Fees) Rules 2022 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.