Restriction of importation of copies of works, etc.
140B.—(1)  A person who is the owner of the copyright in any copyright material or a licensee thereof may give the Director-General a written notice —
(a)stating that he is —
(i)the owner of the copyright in the copyright material; or
(ii)a licensee thereof having the power to give such a notice;
(b)stating that copies of the copyright material which are infringing copies are expected to be imported;
(c)providing sufficient information —
(i)to identify the copies of the copyright material;
(ii)to enable the Director-General to ascertain the time when and place where the copies are expected to be imported; and
(iii)to satisfy the Director-General that the copies are infringing copies; and
(d)stating that he objects to such importation.
[52/2004]
(2)  A notice given under subsection (1) shall be supported by such documents and information as may be prescribed in regulations.
[6/98]
(3)  Subject to subsection (4), this section shall apply to copies of copyright material made wholly or partly outside Singapore the making of which was carried out without the consent of the owner of the copyright.
[6/98]
(4)  This section shall not apply to copies of copyright material which are goods in transit.
[6/98]
(5)  Unless it is revoked under subsection (6), a notice under subsection (1) shall remain in force until —
(a)the end of the period of 60 days commencing on the day on which the notice was given; or
(b)the end of the period for which the copyright in the copyright material to which the notice relates is to subsist,
whichever is the earlier.
[6/98]
(6)  A notice under subsection (1) may be revoked by written notice given to the Director-General by the person who gave the first-mentioned notice or by a subsequent owner of the copyright in the copyright material to which the notice relates.
[6/98]
(7)  If —
(a)a notice has been given under this section in respect of copyright material;
(b)the notice has not lapsed or been revoked; and
(c)a person imports copies of the copyright material to which this section applies for the purpose of —
(i)selling, letting for hire, or by way of trade offering or exposing for sale or hire, the copies;
(ii)distributing the copies for the purpose of trade;
(iii)distributing the copies for any other purpose to an extent that will affect prejudicially the owner of the copyright in the copyright material; or
(iv)by way of trade exhibiting the copies in public,
an authorised officer may seize the copies.
[6/98]
(8)  The Minister may make regulations to provide for —
(a)the forms of notices under this section;
(b)the times at which, and the manner in which, notices are to be given; and
(c)the giving of information and evidence to the Director-General.
[6/98]
[Aust. 1968, s. 135]
Security for liability or expense of seizure, storage and disposal
140C.  An authorised officer may refuse to seize copies under section 140B(7) unless —
(a)the objector has deposited with the Director-General a sum of money that, in the opinion of the Director-General, is sufficient to reimburse the Government for any liability or reasonable expense it is likely to incur in relation to the seizure, storage and disposal of the copies, and pay such compensation as may be ordered by the court under section 140I(7) or 140IA(2); or
[Act 34 of 2018 wef 10/10/2018]
(b)the objector has given security, to the satisfaction of the Director-General, for the reimbursement of the Government for any such liability or expense.
[6/98; 38/99]
[Aust. 1968, s. 135AA]
[Act 34 of 2018 wef 10/10/2018]
Secure storage of seized copies
140D.  Seized copies shall be taken to such secure place as the Director-General directs.
[6/98]
[Aust. 1968, s. 135AB]
Notice of seizure
140E.—(1)  As soon as is practicable after copies are seized under section 140B(7), the Director-General shall give to the importer and the objector, either personally or by post, a written notice identifying the copies and stating that the identified copies have been seized.
[6/98]
(2)  A notice under subsection (1) shall state that the copies will be released to the importer unless —
(a)an action for infringement of copyright in respect of the copies is instituted by the objector within a specified period from the day specified in the notice; and
(b)the objector gives written notice to the Director-General within that period stating that the action for infringement of copyright has been instituted.
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(3)  The period to be specified for the purposes of paragraph (a) of subsection (2) is the period prescribed for the purposes of that paragraph.
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(4)  The day specified for the purposes of subsection (2)(a) shall not be earlier than the day on which the notice is given.
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(5)  The objector may, by written notice given to the Director-General before the end of the period specified in a notice for the purposes of subsection (2)(a) (the retention period), request that the period be extended.
[6/98]
(6)  Subject to subsection (7), if —
(a)a request is made in accordance with subsection (5); and
(b)the Director-General is satisfied that it is reasonable that the request be granted,
the Director-General may extend the retention period by such period as is prescribed.
[6/98]
(7)  A decision on a request made in accordance with subsection (5) shall be made within 2 working days after the request is made, but such a decision cannot be made after the end of the retention period to which the request relates.
[6/98]
[Aust. 1968, s. 135AC]
Persons bound to give information or produce documents
140EA.—(1)  At any time after copies of copyright material have been seized under section 140B(7), an authorised officer or a senior authorised officer who has reasonable cause to believe that a person has any information or document that the officer considers is relevant for any of the purposes in subsection (2), may require that person to provide to the officer that information or document at a time and place specified by the officer.
(2)  The purposes mentioned in subsection (1) are —
(a)to enable the Director-General to satisfy a request under section 140EB (whether or not such a request has actually been received);
(b)to enable any action to be taken under this Division in relation to future shipments of goods; and
(c)for a statistical or research purpose.
(3)  A person who —
(a)without reasonable excuse, fails to comply with a requirement under subsection (1); or
(b)in purported compliance with such requirement, knowingly or recklessly provides any information or document that is false or misleading in a material particular,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 6 months or to both.
(4)  A person is not excused from providing any information or document in compliance with a requirement under subsection (1) on the ground that it might tend to incriminate the person.
(5)  Where the person claims, before providing any information or document pursuant to a requirement under subsection (1), that it might tend to incriminate the person, then the information or document is not admissible in evidence against the person in criminal proceedings other than proceedings for an offence under subsection (3).
(6)  No information or document that is provided pursuant to a requirement under subsection (1) may be published, or communicated or disclosed to any person, except where and to the extent it is necessary for a purpose in subsection (2).
(7)  A person who contravenes subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both.
[Act 34 of 2018 wef 10/10/2018]
Information on import
140EB.—(1)  After copies of copyright material have been seized under section 140B(7), the Director‑General may, upon the request of the objector, and if the Director‑General is satisfied that the information is necessary to enable the objector to institute an action for infringement of copyright, give the objector the name and contact details of any person connected with the import of the seized copies.
(2)  Subsection (1) applies despite any duty of confidentiality imposed by the common law on the Director‑General or a person to whom the Director‑General has delegated the power under that subsection.
[Act 34 of 2018 wef 10/10/2018]
Inspection, release, etc., of seized copies
140F.—(1)  The Director-General may permit the objector or the importer to inspect the seized copies.
[6/98]
(2)  If the objector gives the Director-General the requisite undertakings, the Director-General may permit the objector to remove one sample of the seized copies from the custody of the Director-General for inspection by the objector.
[6/98]
(3)  If the importer gives the Director-General the requisite undertakings, the Director-General may permit the importer to remove one sample of the seized copies from the custody of the Director-General for inspection by the importer.
[6/98]
(4)  The requisite undertakings are undertakings in writing that the person giving the undertaking will —
(a)return the sample copy to the Director-General at a specified time that is satisfactory to the Director-General; and
(b)take reasonable care to prevent damage to the sample copy.
[6/98]
(5)  If the Director-General permits inspection of the seized copies, or the removal of a sample copy, by the objector in accordance with this section, the Director-General is not liable to the importer for any loss or damage suffered by the importer arising out of —
(a)damage to any of the seized copies incurred during that inspection; or
(b)anything done by the objector or any other person to, or in relation to, a sample copy removed from the custody of the Director-General or any use made by the objector of such a sample copy.
[6/98]
[Aust. 1968, s. 135AD]
Forfeiture of seized copies by consent
140G.—(1)  Subject to subsection (2), the importer may, by written notice and the giving of the prescribed written undertakings to the Director-General, consent to the seized copies being forfeited to the Government.
[6/98]
[Act 34 of 2018 wef 10/10/2018]
(2)  The notice shall be given before any action for infringement of copyright in relation to the copies is instituted.
[6/98]
(3)  If the importer satisfies the requirements of subsection (1), the copies are forfeited to the Government and shall be disposed of —
(a)in the manner prescribed by the regulations; or
(b)if no manner of disposal is so prescribed, as the Director-General directs.
[6/98]
[Aust. 1968, s. 135AE]
[Act 34 of 2018 wef 10/10/2018]
Compulsory release of seized copies to importer
140H.—(1)  The Director-General shall release seized copies (not being copies forfeited to the Government under section 140G) to the importer on the expiration of the retention period for the copies if the objector has not, before the expiration of that period —
(a)instituted an action for infringement of the relevant copyright in respect of the copies; and
(b)given written notice to the Director-General stating that the action has been instituted.
[6/98]
(2)  For the purpose of subsection (1), the retention period for seized copies is —
(a)the period specified in a notice given under section 140E in respect of the copies; or
(b)if that period has been extended under section 140E, that period as so extended.
[6/98]
(3)  If —
(a)an action for infringement of copyright has been instituted in respect of seized copies; and
(b)at the end of the period of 3 weeks commencing on the day on which the action was instituted, there is not in force an order of the court in which the action was instituted preventing the release of the copies,
the Director-General shall release the copies to the importer.
[6/98]
(4)  If the objector gives written notice to the Director-General stating that he consents to the release of the seized copies, the Director-General shall release the copies to the importer.
[6/98]
(5)  This section shall have effect subject to section 140J.
[6/98]
[Aust. 1968, s. 135AF]
Provision relating to actions for infringement of copyright
140I.—(1)  In this section and section 140IA, “infringement action” means an action for an infringement of copyright constituted by the importation of seized copies.
[6/98; 38/99]
(2)  The court in which an infringement action is pending may, on the application of a person having a sufficient interest in the subject-matter of the action, allow the person to be joined as a defendant to the action.
[6/98]
(3)  An authorised officer is entitled to be heard on the hearing of an infringement action.
[6/98]
(4)  In addition to any relief that may be granted apart from this section, the court may —
(a)at any time, order that the seized copies be released to the importer subject to such conditions, if any, as the court thinks fit;
(b)order that the seized copies not be released to the importer before the end of a specified period; or
(c)order that the goods be forfeited to the Government.
[6/98]
(5)  A court may not make an order under subsection (4)(a) if it is satisfied that the Government or any statutory authority is required or permitted under any other law to retain control of the seized copies.
[6/98]
(6)  The Director-General shall comply with an order made under subsection (4).
[6/98]
(7)  If —
(a)the action is dismissed or discontinued, or the court decides that the relevant copyright was not infringed by the importation of the seized copies; and
(b)a defendant to the infringement action satisfies the court that he has suffered loss or damage as a result of the seizure of the copies,
the court may order the objector to pay compensation in such amount as the court thinks fit to that defendant.
[6/98; 38/99]
[Aust. 1968, s. 135AG]
Compensation for failure to take action
140IA.—(1)  Where copies have been seized pursuant to a notice given under section 140B and the objector concerned fails to take infringement action within the retention period for the copies, a person aggrieved by such seizure may apply to the court for an order of compensation against the objector.
[38/99]
(2)  Where the court is satisfied that the applicant had suffered loss or damage as a result of the seizure of the copies, the court may order the objector to pay compensation in such amount as the court thinks fit to the applicant.
[38/99]
(3)  For the purposes of subsection (1), the retention period for seized copies is —
(a)the period specified in a notice given under section 140E in respect of the copies; and
(b)if that period has been extended under section 140E, that period as so extended.
[38/99]
[Aust. 1968, s. 135AG (7)]
Retention of control of seized copies
140J.  Notwithstanding section 140H, in a case in which no order has been made under section 140I(4) in relation to seized copies, the Director-General is not obliged to release or dispose of the copies if the Government is required or permitted, under any other law, to retain control of the copies.
[6/98]
[Aust. 1968, s. 135AH]
Disposal of seized copies
140K.—(1)  If a court orders that seized copies are to be forfeited to the Government, the copies shall be disposed of —
(a)in the manner prescribed by the regulations; or
(b)if no manner of disposal is so prescribed, as the Director-General directs.
[Act 34 of 2018 wef 10/10/2018]
(2)  If —
(a)the Director‑General gives to the importer a written notice of the release of seized copies; and
(b)the importer fails to take custody of the seized copies within the period specified in the notice,
the Director-General may dispose of the copies —
(i)in the manner prescribed by regulations; or
(ii)if no manner of disposal is so prescribed, as the Director‑General directs.
[Act 34 of 2018 wef 10/10/2018]
[Act 34 of 2018 wef 10/10/2018]
Insufficient security
140L.—(1)  If the reasonable expenses incurred by the Director-General in relation to any action taken by the Director-General under this Division, or taken in accordance with an order of a court under this Division exceed the amount deposited, or the amount of the security given, under section 140C, the amount of the excess is a debt due to the Government.
[6/98]
(2)  The debt created by subsection (1) is due by the objector, or, if there are 2 or more objectors, by the objectors jointly and severally.
[6/98]
[Aust. 1968, s. 135AJ]
Detention of infringing copies
140LA.—(1)  Notwithstanding section 140B(4), any authorised officer may —
(a)detain any copies of copyright material —
(i)that are imported into, or that are to be exported from, Singapore; and
(ii)that are not goods in transit, unless the copies are consigned to any person with a commercial or physical presence in Singapore; or
(b)examine any copies of copyright material, including goods in transit,
which he reasonably suspects are infringing copies of any copyright material.
[52/2004]
(2)  As soon as practicable after the copies of copyright material are detained under subsection (1)(a), the Director-General shall give —
(a)to the importer, exporter or consignee, as the case may be, of the detained copies; and
(b)to the owner of the copyright in the copyright material,
a written notice identifying the copies, stating that they have been detained and setting out the matters referred to in subsection (3).
[52/2004]
(2A)  At any time after copies of copyright material have been detained under subsection (1)(a), an authorised officer or a senior authorised officer who has reasonable cause to believe that a person has any information or document that the officer considers is relevant for any of the purposes in subsection (2B), may require that person to provide to the officer that information or document at a time and place specified by the officer.
[Act 34 of 2018 wef 10/10/2018]
(2B)  The purposes mentioned in subsection (2A) are —
(a)to enable the Director‑General to satisfy a request under subsection (2H) (whether or not such a request has actually been received);
(b)to enable any action to be taken under this Division in relation to future shipments of goods; and
(c)for a statistical or research purpose.
[Act 34 of 2018 wef 10/10/2018]
(2C)  A person who —
(a)without reasonable excuse, fails to comply with a requirement under subsection (2A); or
(b)in purported compliance with such requirement, knowingly or recklessly provides any information or document that is false or misleading in a material particular,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 6 months or to both.
[Act 34 of 2018 wef 10/10/2018]
(2D)  A person is not excused from providing any information or document in compliance with a requirement under subsection (2A) on the ground that it might tend to incriminate the person.
[Act 34 of 2018 wef 10/10/2018]
(2E)  Where the person claims, before providing any information or document pursuant to a requirement under subsection (2A), that it might tend to incriminate the person, then the information or document is not admissible in evidence against the person in criminal proceedings other than proceedings for an offence under subsection (2C).
[Act 34 of 2018 wef 10/10/2018]
(2F)  No information or document that is provided pursuant to a requirement under subsection (2A) may be published, or communicated or disclosed to any person, except where and to the extent it is necessary for a purpose in subsection (2B).
[Act 34 of 2018 wef 10/10/2018]
(2G)  A person who contravenes subsection (2F) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both.
[Act 34 of 2018 wef 10/10/2018]
(2H)  The Director-General may, upon the request of the owner of the copyright in the copyright material, and if the Director‑General is satisfied that the information is necessary to enable the owner to institute an action for infringement of the copyright, give the owner the name and contact details of any person connected with the import or proposed export (as the case may be) of the detained copies.
[Act 34 of 2018 wef 10/10/2018]
(2I)  However, no disclosure under subsection (2H) is permitted unless the owner of the copyright in the copyright material to whom disclosure is to be made —
(a)in the case of copies that are imported into Singapore and that are not goods in transit, has carried out the acts in subsection (3)(a)(i), (ii) and (iii); or
(b)in the case of copies that are to be exported from Singapore or copies that are goods in transit and consigned to a person with a commercial or physical presence in Singapore —
(i)satisfies the Director‑General that copyright subsists in the copyright material and that he is the owner of the copyright; and
(ii)has carried out the act mentioned in subsection (3)(b)(iii).
[Act 34 of 2018 wef 10/10/2018]
(2J)  Subsection (2H) applies despite any duty of confidentiality imposed by the common law on the Director‑General or a person to whom the Director‑General has delegated the power under that subsection.
[Act 34 of 2018 wef 10/10/2018]
(3)  The detained copies of copyright material shall be released to the importer, exporter or consignee, as the case may be, of the copies, unless, within the prescribed period, the owner of the copyright in the copyright material —
(a)in the case of copies that are imported into Singapore and that are not goods in transit —
(i)gives the Director-General the written notice referred to in section 140B(1);
(ii)submits to the Director-General the documents and information referred to in section 140B(2); and
(iii)deposits with the Director-General the sum of money referred to in section 140C(a) or gives the security referred to in section 140C(b); or
(b)in the case of copies that are to be exported from Singapore or copies that are goods in transit and consigned to a person with a commercial or physical presence in Singapore —
(i)institutes an action for the infringement of his copyright;
(ii)serves on the Director-General an order of the court authorising the further detention of the copies; and
(iii)deposits with the Director-General a sum of money that, in the opinion of the Director-General, is sufficient to —
(A)reimburse the Government for any liability or reasonable expense it has and is likely to further incur in relation to the detention, storage and disposal of the copies; and
[Act 34 of 2018 wef 10/10/2018]
(B)pay such compensation to any person who suffers loss or damage as a result of the detention of the copies as may be ordered by the court,
or gives security, to the satisfaction of the Director-General, for the reimbursement of the Government for any such liability or expense and the payment of such compensation.
[52/2004]
(4)  Every order of the court authorising the further detention of copies under subsection (3)(b)(ii) shall be subject to the condition that the owner of the copyright in the copyright material complies with subsection (3)(b)(iii) within the period prescribed under subsection (3).
[52/2004]
(5)  Where the court has made an order authorising the further detention of copies under subsection (3)(b)(ii) —
(a)the detained copies shall be taken to such secure place as the Director-General directs; and
(b)sections 140F and 140G and 140I to 140L shall apply, with the necessary modifications, to the further detention of the copies, and for the purposes of such application —
(i)any reference to the objector shall be read as a reference to the owner of the copyright in the copyright material;
(ii)any reference to the importer shall be read as a reference to the exporter or consignee, as the case may be, of the detained copies;
(iii)any reference to the seized copies shall be read as a reference to the detained copies;
(iv)any reference to the seizure of copies shall be read as a reference to the detention or further detention of the copies;
(v)any reference to the import or importation of copies shall be read —
(A)in the case of copies that are to be exported from Singapore, as a reference to the export of the copies; or
(B)in the case of copies that are goods in transit and that are consigned to a person with a presence in Singapore, as a reference to the import, importation or export, of the copies by the consignee;
(vi)any reference to infringement action shall be read as a reference to an action for the infringement of the copyright in the copyright material under subsection (3)(b)(i); and
(vii)any reference to the retention period shall be read as a reference to the prescribed period under subsection (3).
[52/2004]