Industrial Designs Law in Singapore

30 May 2025 --
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In Singapore, industrial design protection is governed by the Registered Designs Act (RDA) 2000, administered by the Intellectual Property Office of Singapore (IPOS). This legal framework allows designers to protect the unique visual appearance of their products, encompassing features such as shape, configuration, pattern, or ornamentation.(Viet An Law)

🛡️ Legal Framework

Governing Legislation: The Registered Designs Act (RDA) 2000 serves as the primary legislation for industrial design protection in Singapore. (Government of Singapore)

International Treaties: Singapore is a member of the Paris Convention and the World Trade Organization (WTO), allowing designers to claim priority for their designs filed in other member countries within 6 months of the initial filing.

📝 Protection Criteria

To qualify for protection under the RDA, an industrial design must meet the following criteria:(Singapore Law Watch)

Novelty: The design must be new and not have been disclosed to the public anywhere in the world prior to the filing date.

Industrial Applicability: The design must be capable of being mass-produced using an industrial process.(Viet An Law)

Aesthetic Appeal: The design must be visually appealing and not dictated solely by technical function.

Not Contrary to Public Order or Morality: The design must not be offensive or contrary to public order.

Additionally, the scope of registrable designs has been broadened to include:(Henry Goh Malaysia Brunei)

Virtual or Projected Designs: Designs projected onto surfaces or into a medium, such as virtual keyboards.(Henry Goh Malaysia Brunei)

Handcrafted Items: Artisanal or handcrafted items, including handmade jewelry.

Colour as a Design Feature: Colour may now be specified as a feature of a design for which protection is sought. (Henry Goh Malaysia Brunei)

📄 Registration Process

The process to register an industrial design in Singapore involves the following steps:

Preparation: Ensure the design meets the protection criteria and prepare representations of the design.

Application: Submit an application to IPOS, including:

A completed application form.

A Statement of Novelty describing the features of the design.(ASEAN Briefing)

Representations of the design (drawings or photographs).

The appropriate class and sub-class under the Locarno Classification.(Conventus Law)

Details of any priority claim.(Conventus Law)

The application fee. (ASEAN Briefing)

Examination: IPOS examines the application to ensure compliance with formal requirements.(ASEAN Briefing)

Registration: If the application meets all requirements, the design is registered, and a Certificate of Registration is issued.

Publication: The registered design is published in the Designs Journal and the register maintained by IPOS. (ASEAN Briefing)

📅 Duration and Renewal

Initial Protection: The protection period for a registered industrial design is 5 years from the filing date.

Renewal: The protection can be renewed for two additional periods of 5 years each, totaling a maximum protection period of 15 years.

Renewal Process: An application for renewal must be filed during the last six months of a five-year registration period. Late payment is possible within a six-month grace period upon payment of a corresponding surcharge. (IP Coster)

⚖️ Enforcement and Legal Remedies

In case of infringement, the owner of a registered industrial design has the exclusive right to prevent unauthorized use. Legal actions can be initiated through the High Court of Singapore, and remedies may include:

Injunctions: To stop the infringing activity.

Damages: Compensation for losses suffered due to the infringement.

Seizure of Infringing Goods: Through the procedure known as saisie-contrefaçon, which allows for the seizure of counterfeit goods without prior notice to the alleged infringer.

🌐 International Protection

As a member of the Hague Agreement, Singapore allows designers to file an international application under the Hague System for the International Registration of Industrial Designs. This system enables designers to seek protection in multiple countries through a single application. (ipos.gov.sg)

📋 Summary Table

Aspect

Details

Governing Law

Registered Designs Act 2000

Governing Authority

Intellectual Property Office of Singapore (IPOS)

Protection Criteria

Novelty, Industrial Applicability, Aesthetic Appeal, Not Contrary to Public Order or Morality

Registration Process

Application, Examination, Registration, Publication

Duration