- immediately before that time, been registered in respect of all relevant articles; and
- (b) after the end of the relevant period of 15 years, it shall not be an infringement of the copyright in the work to do anything which, at the time when it is done, would, if the design had been registered immediately before that time, have been within the scope of the copyright in the design as extended to all associated designs and articles.
(4) In subsection (3), “the relevant period of 15 years” means the period of 15 years beginning with the date on which articles, such as are mentioned in paragraph (b) of subsection (2), were first sold, let for hire or offered for sale or hire, whether in Singapore or elsewhere.
(5) For the purposes of subsections (2) and (3), no account shall be taken of any articles in respect of which, at the time when they were sold, let for hire, or offered for sale or hire, the design in question was excluded from registration under the provisions of the Registered Designs Act 1949 of the United Kingdom, or any Act amending or substituting for that Act, by rules made under that Act or such other Act (which relates to the exclusion of designs for articles which are primarily literary or artistic in character); and for the purposes of any proceedings under this Act a design shall be conclusively presumed to have been so excluded if—
- (a) before the commencement of those proceedings, an application for the registration of the design under the Registered Designs Act 1949 of the United Kingdom, or any Act amending or substituting for that Act, in respect of those articles had been refused;
- (b) the reason or one of the reasons stated for the refusal was that the design was excluded from such registration by rules made under that Act or such other Act; and
- (c) no appeal against that refusal had been allowed before the date of the commencement of the proceedings or was pending on that date.
