Restriction of importation or exportation 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 or exported;
[Act 34 of 2018 wef 21/11/2019]
(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 or exported; and
[Act 34 of 2018 wef 21/11/2019]
(iii)to satisfy the Director-General that the copies are infringing copies; and
(d)requesting the Director-General to seize the copies.
[Act 34 of 2018 wef 21/11/2019]
[52/2004]
(2)  A notice under subsection (1) must be —
(a)in the form determined by the Director-General, and supported by such documents and information as the Director-General may require; and
(b)accompanied by the fee prescribed under section 140AB.
[Act 34 of 2018 wef 21/11/2019]
(3)  Subject to subsection (4), this section applies to copies of copyright material —
(a)made wholly or partly outside Singapore the making of which was carried out without the consent of the owner of the copyright; or
(b)made in Singapore the making of which constituted an infringement of copyright.
[Act 34 of 2018 wef 21/11/2019]
(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 59th day after the day on which the notice was given; or
[Act 34 of 2018 wef 21/11/2019]
(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 that complies with subsection (2);
[Act 34 of 2018 wef 21/11/2019]
(b)the notice has not lapsed or been revoked; and
(c)a person imports or proposes to export copies of the copyright material to which this section applies,
[Act 34 of 2018 wef 21/11/2019]
an authorised officer may seize the copies.
[6/98]
(8)  The Minister may make regulations that are necessary or convenient to be prescribed for carrying out or giving effect to this Subdivision, and in particular to provide —
(a)for the times at which, and the manner in which, notices are to be given;
(b)for the giving of information and evidence to the Director-General; and
(c)that an authorised officer may refuse to seize copies of any copyright material because of non-compliance with any direction of the Director-General or any such regulation.
[Act 34 of 2018 wef 21/11/2019]
[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 requestor 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
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[Act 34 of 2018 wef 10/10/2018]
(b)the requestor has given security, to the satisfaction of the Director-General, for the reimbursement of the Government for any such liability or expense.
[Act 34 of 2018 wef 21/11/2019]
[Act 34 of 2018 wef 10/10/2018]
[6/98; 38/99]
[Aust. 1968, s. 135AA]
Secure storage of seized copies
140D.  At the Director-General’s direction, seized copies must be taken to a secure place the Director-General directs, either by the person in possession, custody or control of those copies immediately before the seizure or the requestor, whoever the Director-General considers appropriate.
[Act 34 of 2018 wef 21/11/2019]
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 or exporter (as the case may be), and the requestor, personally, by post or (with the prior consent of the addressee) by email, a written notice identifying the copies and stating that the identified copies have been seized.
[Act 34 of 2018 wef 21/11/2019]
[6/98]
(2)  A notice under subsection (1) shall state that the copies will be released to the importer or exporter unless —
(a)an action for infringement of copyright in respect of the copies is instituted by the requestor within a specified period after the day specified in the notice; and
[Act 34 of 2018 wef 21/11/2019]
(b)the requestor gives written notice to the Director-General within that period stating that the action for infringement of copyright has been instituted.
[Act 34 of 2018 wef 21/11/2019]
[6/98]
(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.
[6/98]
(4)  The day specified for the purposes of subsection (2)(a) shall not be earlier than the day on which the notice is given.
[6/98]
(5)  The requestor 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 initial period), request that the period be extended.
[Act 34 of 2018 wef 21/11/2019]
[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 initial period by such period as is prescribed.
[Act 34 of 2018 wef 21/11/2019]
[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 initial period to which the request relates.
[Act 34 of 2018 wef 21/11/2019]
[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 Subdivision or Subdivision (3) in relation to future shipments of goods; and
[Act 34 of 2018 wef 21/11/2019]
(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 or export
140EB.—(1)  After copies of copyright material have been seized under section 140B(7), the Director‑General may, upon the request of the requestor, and if the Director‑General is satisfied that the information is necessary to enable the requestor to institute an action for infringement of copyright, give the requestor the name and contact details of any person connected with the import or proposed export (as the case may be) of the seized copies.
[Act 34 of 2018 wef 21/11/2019]
(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 21/11/2019]
[Act 34 of 2018 wef 10/10/2018]
Inspection, release, etc., of seized copies
140F.—(1)  The Director-General may permit the requestor or the importer or exporter (as the case may be) to inspect the seized copies.
[6/98]
[Act 34 of 2018 wef 21/11/2019]
(2)  If the requestor gives the Director-General the requisite undertakings, the Director-General may permit the requestor to remove a sample of the seized copies from the custody of the Director-General for inspection by the requestor.
[6/98]
[Act 34 of 2018 wef 21/11/2019]
(3)  If the importer or exporter (as the case may be) gives the Director-General the requisite undertakings, the Director-General may permit the importer or exporter to remove a sample of the seized copies from the custody of the Director-General for inspection by the importer or exporter.
[6/98]
[Act 34 of 2018 wef 21/11/2019]
(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 requestor in accordance with this section, the Director-General is not liable to the importer or exporter for any loss or damage suffered by the importer or exporter arising out of —
(a)damage to any of the seized copies incurred during that inspection; or
(b)anything done by the requestor 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 requestor of such a sample copy.
[6/98]
[Act 34 of 2018 wef 21/11/2019]
[Aust. 1968, s. 135AD]
Forfeiture of seized copies by consent
140G.—(1)  Subject to subsection (2), the importer or exporter (as the case may be) 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 21/11/2019]
[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 or exporter 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]
[Act 34 of 2018 wef 21/11/2019]
[Act 34 of 2018 wef 10/10/2018]
[Aust. 1968, s. 135AE]
Compulsory release of seized copies to importer or exporter
140H.—(1)  The Director-General shall release seized copies (not being copies forfeited to the Government under section 140G) to the importer or exporter (as the case may be) as soon as possible after the expiration of the retention period for the copies if the requestor 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]
[Act 34 of 2018 wef 21/11/2019]
(2)  [Deleted by Act 34 of 2018 wef 21/11/2019]
(3)  If —
(a)an action for infringement of copyright has been instituted in respect of seized copies; and
(b)on the 22nd day after 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 or the exporter (as the case may be) as soon as possible after the firstmentioned day.
[6/98]
[Act 34 of 2018 wef 21/11/2019]
(4)  If the requestor 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 or the exporter (as the case may be) as soon as possible.
[6/98]
[Act 34 of 2018 wef 21/11/2019]
(5)  This section shall have effect subject to section 140J.
[6/98]
[Act 34 of 2018 wef 21/11/2019]
[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 or by the making of seized copies.
[6/98; 38/99]
[Act 34 of 2018 wef 21/11/2019]
(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 or exporter (as the case may be) subject to such conditions, if any, as the court thinks fit;
[Act 34 of 2018 wef 21/11/2019]
(b)order that the seized copies not be released to the importer or exporter (as the case may be) before the end of a specified period; or
[Act 34 of 2018 wef 21/11/2019]
(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 or making of the seized copies; and
[Act 34 of 2018 wef 21/11/2019]
(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 requestor to pay compensation in such amount as the court thinks fit to that defendant.
[6/98; 38/99]
[Act 34 of 2018 wef 21/11/2019]
[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 requestor 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 requestor.
[38/99]
[Act 34 of 2018 wef 21/11/2019]
(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 requestor to pay compensation in such amount as the court thinks fit to the applicant.
[38/99]
[Act 34 of 2018 wef 21/11/2019]
(3)  [Deleted by Act 34 of 2018 wef 21/11/2019]
[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 or exporter a written notice of the release of seized copies; and
[Act 34 of 2018 wef 21/11/2019]
(b)the importer or exporter fails to take custody of the seized copies within the period specified in the notice,
[Act 34 of 2018 wef 21/11/2019]
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 Subdivision, or taken in accordance with an order of a court under this Subdivision 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]
[Act 34 of 2018 wef 21/11/2019]
(2)  The debt created by subsection (1) is due by the requestor, or, if there are 2 or more requestors, by the requestors jointly and severally.
[6/98]
[Act 34 of 2018 wef 21/11/2019]
[Aust. 1968, s. 135AJ]
Seizure and inspection of infringing copies
140LA.—(1)  Despite section 140B(7), an authorised officer may —
(a)examine any copies of copyright material to which this subsection applies, including goods in transit; or
(b)seize any copies of copyright material to which this subsection applies —
(i)that are imported into, or that are to be exported from, Singapore; and
(ii)that are not goods in transit, unless they are consigned to a person with a commercial or physical presence in Singapore.
(2)  Subsection (1) applies to copies of copyright material that the authorised officer reasonably suspects are infringing copies of the copyright material.
(3)  As soon as practicable after the copies of the copyright material are seized under subsection (1)(b), the Director-General must give personally, by post or (with the prior consent of the addressee) by email, a written notice to —
(a)the importer, exporter or consignee (as the case may be) of the seized copies (called in this Subdivision the dealer); and
(b)the owner of the copyright in the copyright material.
(4)  The written notice in subsection (3) must —
(a)identify the copies seized; and
(b)set out the rights of the dealer in section 140F (as applied by subsection (5)), and the requirements in section 140LB.
(5)  Section 140F applies in relation to the seized copies as it applies in relation to copies of copyright material seized under section 140B(7), with the following modifications:
(a)replace a reference to the requestor with a reference to the owner of the copyright in the copyright material;
(b)replace a reference to the importer or exporter with a reference to the dealer.
(6)  At the Director-General’s direction, seized copies must be taken to a secure place the Director-General directs by such of the following as the Director-General considers appropriate:
(a)the person in possession, custody or control of those copies immediately before the seizure;
(b)the owner of the copyright material (but only if the owner has satisfied section 140LB(1)(a) and (b)).
[Act 34 of 2018 wef 21/11/2019]