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Copyright (Amendment) Regulations 2017 (S 572/2017)

 Copyright (Amendment) Regulations 2017 (G.N. No. S 572/2017)

First published in the Government Gazette, Electronic Edition, on 6 October 2017 at 5 pm.

No. S 572

COPYRIGHT ACT (CHAPTER 63)

COPYRIGHT (AMENDMENT) REGULATIONS 2017

In exercise of the powers conferred by section 202 of the Copyright Act, the Minister for Law makes the following Regulations:

Citation and commencement

1. These Regulations are the Copyright (Amendment) Regulations 2017 and come into operation on 30 October 2017.

Amendment of regulation 12

2. Regulation 12 of the Copyright Regulations (Rg 4) is amended—

(a) by deleting paragraphs (1) and (2) and substituting the following paragraphs:

“(1) For the purposes of section 74 of the Act, a design is deemed to be applied industrially to articles, if —

(a) the design is applied to one or more articles (not being hand‑made articles) that are manufactured in lengths or in pieces;

(b) the design is applied to more than 50 articles, no 2 or more of which are part of the same set of articles; or

(c) all of the following apply:

(i) the design is applied to articles and non‑physical products;

(ii) the total of the number of those articles, and the number of those non‑physical products that can be

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projected simultaneously by one or more activated devices for projecting non‑physical products, is more than 50;

(iii) no 2 or more of those articles and non‑physical products are part of any of the following:

(A) the same set of articles;

(B) the same set of non‑physical products;

(C) the same set of articles and non‑physical products.

(2) For the purposes of section 74 of the Act, a design is deemed to be applied industrially to non‑physical products, if —

(a) all of the following apply:

(i) the design is applied to non‑physical products;

(ii) more than 50 of those non‑physical products can be projected simultaneously by one or more activated devices for projecting non‑physical products;

(iii) no 2 or more of those non‑physical products are part of the same set of non‑physical products; or

(b) all of the following apply:

(i) the design is applied to articles and non‑physical products;

(ii) the total of the number of those articles, and the number of those non‑physical products that can be projected simultaneously by one or

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more activated devices for projecting non‑physical products, is more than 50;

(iii) no 2 or more of those articles and non‑physical products are part of any of the following:

(A) the same set of articles;

(B) the same set of non‑physical products;

(C) the same set of articles and non‑physical products.

(2A) For the purposes of paragraphs (1) and (2), the date on which the design is applied to an article or a non‑physical product is irrelevant.”; and

(b) by inserting, immediately after paragraph (3), the following paragraphs:

“(4) In this regulation, a device for projecting a non‑physical product —

(a) is any device that when activated projects the non‑physical product on a surface or into a medium (including air); and

(b) includes any product or component that is used in or with a device mentioned in sub‑paragraph (a) to project the non‑physical product on a surface or into a medium (including air).

(5) In this regulation, “set of articles”, “set of articles and non‑physical products” and “set of non‑physical products” have the same meanings as in section 2(1) of the Registered Designs Act (Cap. 266).”.

Saving and transitional provision

3. Despite regulation 2, regulation 12 of the Copyright Regulations as in force immediately before 30 October 2017 continues to apply to

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or in relation to an artistic work, if a corresponding design has been applied industrially before that date in accordance with regulation 12 of the Copyright Regulations as in force immediately before that date.

[G.N. No. S 130/2015]

Made on 5 October 2017.

NG HOW YUE Permanent Secretary,

Ministry of Law, Singapore.

[LAW 18/001/005 Vol. 3; AG/LEGIS/SL/63/2015/2 Vol. 1]

S 572/2017 4