Page:Copyright Act 1987.pdf/76

76 Special exception in respect of industrial design

74.—(1) Where copyright subsists in an artistic work and a corresponding design is registered under the Registered Designs Act 1949 of the United Kingdom, or any Act amending or substituting for that Act, it shall not be an infringement of the copyright in the work—
 * (a) to do anything, during the subsistence of the copyright in the registered design, which is within the scope of the copyright in the design; or
 * (b) to do anything, after the copyright in the registered design has come to an end, which, if it had been done while the copyright in the design subsisted, would have been within the scope of that copyright as extended to all associated designs and articles:
 * Provided that this subsection shall have effect subject to the provisions of the Schedule in cases falling within the Schedule.

(2) Where copyright subsists in an artistic work, and—
 * (a) a corresponding design is applied industrially by or with the licence of the owner of the copyright in the work;
 * (b) articles to which the design has been so applied are sold, let for hire, or offered for sale or hire whether in Singapore or elsewhere; and
 * (c) at the time when those articles are sold, let for hire or offered or exposed for sale or hire, they are not articles in respect of which the corresponding design has been registered under the Registered Designs Act 1949 of the United Kingdom, or any Act amending or substituting for that Act,

subsections (3), (4) and (5) shall apply.

(3) Subject to subsection (5)—
 * (a) during 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 have been within the scope of the copyright in the design if the design had,