(4) For the purposes of any proceedings under this Act, a design is conclusively presumed to have been excluded under subsection (3) if—
- (a) before those proceedings begin—
- (i) an application for the registration of the design in respect of the article or product under the Registered Designs Act has been refused; or
- (ii) an application made before 13 November 2000 for the registration of the design in respect of the article under the UK Act has been refused;
- (b) a (or the) stated reason for the refusal was that the design was excluded from registration by rules made under the Registered Designs Act or the UK Act; and
- (c) no appeal against that refusal—
- (i) is allowed before the proceedings begin; or
- (ii) is pending when the proceedings begin.
(5) Regulations may prescribe what constitutes the industrial application of a design for the purposes of this section.
(6) For the purposes of this section, an article, a product or a device is commercially dealt with if it is sold, let for hire, or offered or exposed for sale or hire (whether in Singapore or elsewhere) and “commercial dealing” has a corresponding meaning.
Artistic works that have been industrially applied
275.—(1) If the condition in subsection (2) is met, it is a permitted use of an artistic work to make—
- (a) a useful article in 3 dimensions;
- (b) a 2-dimensional copy that is reasonably required to make a useful article in 3 dimensions; or
- (c) a product.
(2) The work must have been applied industrially (whether in Singapore or elsewhere) before the article, copy or product was made.
