Protection of functional design in Singapore: Time for a utility design protection model?
Elizabeth Siew-Kuan Ng · Journal of Intellectual Property Law & Practice · 2018
Elizabeth Siew-Kuan Ng is Associate Professor of Law at the National University of Singapore. Deputy Chairwoman and Director of Intellectual Property at the EW Barker Centre for Law & Business and the Director of the Graduate Certificate in IP (GCIP) program, at the National University of Singapore (NUS) Law School. The protection of functional design has long been a subject matter of debate due to the historical distinction between function and aesthetics under conventional rights regimes. The transformation of traditional notions of designs to include functional aspects has proved to be a challenge for policy makers and legislators as it potentially raises anti-competitive concerns. Jurisdictions such as the UK and South Africa have sought to find an appropriate level for functional designs, and this article offers an alternative model based on the salient features of the functional design regime adopted in these two countries, which could be applied to Singapore.