RD Flashcards
1
Q
what is registered design?
A
- protects the product appearance, where the product serves a function
- does not protect work that is primarily artistic
- application must indicate of design contains 2D or 3D features
2
Q
what features are excluded by law?
A
- functional features
- must fit features (interfacing features)
- must match features (e.g. cars)
3
Q
what is the reason for exclusion of such features?
A
- design regime cannot protect functions
- preserve spare parts industry for non-OEMs
4
Q
what are the conditions for registration?
A
- designer must add skills of a design nature to the prior art
new: your design must have material differences compared to prior design and differences are not variations which are commonly adopted by designers in trade
5
Q
in what case will you no longer be able to enjoy copyright?
A
- if work is registered as a design
- if the work was industrially applied to products (>50 copies) for commercial purposes
6
Q
what are non-registrable designs?
A
- designs whose publication or use would be contrary to public order or morality
- computer programme or lay-out design
- a design for:
- work or sculpture
- wall plaques
- “printed matter” primarily informational or artistic in character
7
Q
who owns the RD?
A
- designer of the design shall be treated as the owner of the design
- where a design if created by the employee in the course of his employment, his employer is treated as the owner of the design
- the above is subjected to agreement to the contrary between the parties
- in the case of design generated by computer in circumstances such that there is no human designer, the person whom the arrangements necessary for the creation of the design are made shall be deemed as the designer
8
Q
what are the rights of RD?
A
- make or import the product in Singapore
- sell or expose for sale the product in Singapore
- make anything for enabling the product to be made
- grant a license to others to conduct these activities
