Statute Details
- Title: Registered Designs (Composition of Offences) Regulations
- Act Code: RDA2000-RG1
- Legislative Type: Subsidiary legislation (SL)
- Authorising Act: Registered Designs Act (Cap. 266), section 68
- Regulation Citation: G.N. No. S 228/2001
- Commencement (as indicated in legislative history): 1 May 2001
- Revised Edition: 2002 Rev. Ed. (31 January 2002)
- Current Version Status: Current version as at 27 Mar 2026
- Key Provisions: Regulation 1 (Citation); Regulation 2 (Composition of offences)
What Is This Legislation About?
The Registered Designs (Composition of Offences) Regulations (“Composition Regulations”) are a short set of subsidiary rules made under the Registered Designs Act (Cap. 266). Their central purpose is to enable certain offences under the Registered Designs Act to be “compounded” (that is, resolved without going through the full criminal prosecution process) by the Registrar of registered designs or a person authorised by the Registrar.
In plain terms, the Regulations provide a mechanism for administrative settlement of specified offences. Instead of the matter proceeding to court, the Registrar may offer composition in accordance with the composition framework in section 68 of the Registered Designs Act. This can reduce enforcement costs, speed up resolution, and provide greater certainty to parties who may otherwise face criminal proceedings.
Because the Regulations are brief, they do not themselves set out the detailed composition procedure or the composition amounts. Those elements are governed by section 68 of the Act. The Regulations therefore operate as a “gateway” instrument: they identify which particular offences are eligible for composition under the Act’s statutory scheme.
What Are the Key Provisions?
Regulation 1 (Citation) is a standard provision. It states that the instrument may be cited as the Registered Designs (Composition of Offences) Regulations. While not substantive, it is important for legal referencing and for practitioners when drafting submissions, correspondence, or internal compliance documents.
Regulation 2 (Composition of offences) is the operative provision. It provides that “the offences under sections 29, 59, 60 and 66 of the Act may be compounded by the Registrar, or any person authorised by him, in accordance with section 68 of the Act.” This means that only the offences specified in Regulation 2 fall within the composition regime under these Regulations.
From a practitioner’s perspective, the most important legal effect of Regulation 2 is eligibility. It tells you which offences can potentially be resolved through composition rather than prosecution. If an alleged infringement or breach falls outside sections 29, 59, 60, or 66, the composition route under these Regulations would not be available (although other enforcement or remedial pathways may still exist under the Act or other laws).
It is also significant that Regulation 2 expressly authorises composition by the Registrar or any person authorised by him. This matters for procedural fairness and for evidential issues. For example, if a composition offer is made by an officer, the practitioner may need to confirm that the officer was properly authorised by the Registrar. The Regulation’s wording supports the validity of composition decisions made by authorised delegates, but it also creates a practical compliance point: authorised persons should be able to demonstrate their authority if challenged.
Finally, Regulation 2 ties the composition power to section 68 of the Act. Accordingly, the substantive requirements—such as how composition is initiated, what conditions apply, whether payment discharges liability, and how composition interacts with prosecution—are not contained in the Regulations themselves. Lawyers should therefore read Regulation 2 together with section 68 to understand the full legal mechanics and consequences.
How Is This Legislation Structured?
The Composition Regulations are structured in a very simple manner, consisting of two regulations:
(1) Regulation 1 (Citation)—sets the short title for referencing the instrument.
(2) Regulation 2 (Composition of offences)—identifies the specific offences under the Registered Designs Act that may be compounded and confirms the authority of the Registrar (or authorised person) to compound them in accordance with section 68 of the Act.
There are no additional parts, schedules, or detailed procedural provisions. This is typical of subsidiary legislation that “activates” a statutory power in the parent Act by specifying the offences to which the power applies.
Who Does This Legislation Apply To?
The Regulations apply to offences under the Registered Designs Act that are located in sections 29, 59, 60 and 66. In practice, these offences will typically concern conduct connected to registered designs—such as unlawful acts relating to the rights conferred by registration, or other statutory breaches defined in those sections.
They also apply to the Registrar (and any authorised delegate) who decides whether to compound an eligible offence. For individuals and companies potentially facing allegations, the Regulations are relevant because they determine whether a composition settlement is available as an alternative to prosecution.
For lawyers advising clients, the key question is not only whether an alleged act could constitute one of the specified offences, but also whether the matter is being handled by the Registrar or an authorised person acting within the section 68 framework. Where composition is offered, counsel should assess the legal effect of composition under section 68 and ensure that the client understands the consequences for criminal liability and any related civil or administrative remedies.
Why Is This Legislation Important?
Although the Composition Regulations are short, they are practically significant because they shape enforcement strategy under the Registered Designs Act. Composition provisions are commonly used to resolve matters efficiently where the public interest in prosecution may be lower than the interest in securing compliance or payment. For businesses, this can provide a faster and more predictable path to closure than waiting for court processes.
From an enforcement perspective, allowing composition for specified offences helps the Registrar manage workload and focus prosecutorial resources on more serious or contested matters. It also encourages early engagement: where a party is willing to cooperate and resolve the issue, composition can be a pragmatic outcome.
For practitioners, the Regulations’ importance lies in their scope. By listing sections 29, 59, 60 and 66, the Regulations define the boundary of the composition regime. This affects advice on risk management and settlement planning. Counsel should therefore verify the exact statutory provision alleged and map it to the listed sections. If the alleged conduct corresponds to one of the eligible sections, composition may be a viable option; if not, counsel should look to other remedies or enforcement responses.
Additionally, because Regulation 2 requires composition to be done “in accordance with section 68 of the Act,” lawyers must treat section 68 as the controlling procedural and legal consequence provision. The Regulations alone do not tell you what happens after composition, what factors influence the Registrar’s decision, or what documentation is required. Those details will be found in the Act. In practice, a careful reading of section 68 is essential before advising a client to accept composition or to negotiate terms.
Related Legislation
- Registered Designs Act (Cap. 266) — in particular section 68 (composition of offences) and the offence-creating provisions in sections 29, 59, 60 and 66 (as referenced by Regulation 2).
Source Documents
This article provides an overview of the Registered Designs (Composition of Offences) Regulations for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.