Introductory
Application for registration of trade mark
Grounds for refusal of registration
Priority
Registration procedure
Series of trade marks
Duration, renewal and alteration of registered trade mark
Cancellation, revocation and invalidity
Miscellaneous
Rights of proprietor of registered trade mark
Infringement proceedings
The Madrid Protocol, etc.
The Paris Convention, the TRIPS Agreement and well known trade marks: supplementary provisions
The Registrar
The Register
Powers and duties of Registrar
Forms, fees, hours of business and publication
Trade mark agents
Division 1 Preliminary provisions
Division 2 Seizure of goods on request
Division 3 Ex-officio seizure of goods
Division 4 Powers of search
Division 5 Miscellaneous provisions
Interpretation of this Part |
81. In this Part, unless the context otherwise requires —
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Delegation of Director-General’s powers |
81A. The Director-General may delegate to a senior officer of customs (within the meaning of section 3(1) of the Customs Act 1960) any of the powers of the Director‑General under this Part (except the power of delegation conferred by this section), subject to such conditions or restrictions as the Director‑General may determine. [34/2018] |
Fees |
Restriction of importation or exportation of infringing goods |
82.—(1) A person who is the proprietor or a licensee of a registered trade mark may give the Director-General a written notice —
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Security for liability or expense of seizure, storage and disposal |
83. An authorised officer may refuse to seize goods under section 82 unless —
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Secure storage of seized goods |
84. At the Director‑General’s direction, seized goods must be taken to a secure place the Director‑General directs, either by the person in possession, custody or control of those goods immediately before the seizure or the requestor, whoever the Director‑General considers appropriate. [34/2018] |
Notice of seizure |
85.—(1) As soon as is practicable after goods are seized under section 82, the Director‑General must 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 goods and stating that they have been seized. [34/2018]
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Persons bound to give information or produce documents |
85A.—(1) At any time after goods have been seized under section 82(4), 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. [34/2018]
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Information on import or export |
85B.—(1) After goods have been seized under section 82(4), 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 infringement action, 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 goods. [34/2018]
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Inspection, release, etc., of seized goods |
86.—(1) The Director-General may permit the requestor or the importer or exporter (as the case may be) to inspect the seized goods. [34/2018]
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Forfeiture of seized goods by consent |
87.—(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 goods being forfeited to the Government. [34/2018]
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Compulsory release of seized goods to importer or exporter |
88.—(1) The Director-General must release seized goods (not being goods forfeited to the Government under section 87) to the importer or exporter (as the case may be) as soon as possible after the expiration of the retention period for the goods if the requestor has not, before the expiration of that period —
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Compensation for failure to take action |
89.—(1) Where goods have been seized pursuant to a notice given under section 82 and the requestor concerned fails to take infringement action within the retention period for the goods, a person aggrieved by such seizure may apply to the Court for an order of compensation against the requestor. [34/2018]
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Actions for infringement of registered trade mark |
90.—(1) 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.
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Retention of control of seized goods |
91. Despite section 88, in a case in which no order has been made under section 90(3) in relation to seized goods, the Director‑General is not obliged to release or dispose of the goods if the Government is required or permitted, under any other law, to retain control of the goods. |
Disposal of seized goods |
92.—(1) If the Court orders that seized goods are to be forfeited to the Government, the goods must be disposed of —
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Insufficient security |
93.—(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 court under this Division exceed the amount deposited, or the amount of the security given, under section 83, the amount of the excess is a debt due to the Government. [34/2018]
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Seizure and inspection of counterfeit goods |
93A.—(1) Despite section 82(4), an authorised officer may —
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Requirements for continued detention |
93B.—(1) If the proprietor of the registered trade mark wants the Director‑General to continue to detain the seized goods so that the proprietor may institute an infringement action in relation to them, the proprietor must, within the prescribed period after the date of the notice in section 93A(3) —
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Notice to take action |
93C.—(1) If section 93B(1)(a) and (b) has been satisfied by the proprietor of the registered trade mark, the Director‑General must, as soon as practicable, give to the proprietor and the dealer personally, by post or (with the prior consent of the addressee) by email, a written notice that states that the goods will be released to the dealer unless —
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Persons bound to give information or produce documents |
93D.—(1) At any time after goods have been seized under section 93A, 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. [34/2018]
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Information on import or export |
93E.—(1) After section 93B(1)(a) and (b) has been satisfied by the proprietor of the registered trade mark, the Director‑General may, upon the request of the proprietor, and if the Director‑General is satisfied that the information is necessary to enable the proprietor to institute an infringement action, give the proprietor the name and contact details of any person connected with the import or proposed export (as the case may be) of the seized goods. [34/2018]
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Forfeiture of seized goods by consent |
93F.—(1) Subject to subsection (2), the dealer may, by written notice and the giving of the prescribed written undertakings to the Director‑General, consent to the seized goods being forfeited to the Government. [34/2018]
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Compulsory release of seized goods to dealer |
93G.—(1) The Director-General must release the seized goods (not being goods forfeited to the Government under section 93F) to the dealer as soon as possible after the date of expiry of the period specified in the notice under section 93C(1) (including any extension of that period under section 85(6) as applied by section 93C(2)), if the proprietor of the registered trade mark has not, before that date —
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Provisions relating to infringement action |
93H. Section 90 applies in relation to an infringement action concerning goods seized under section 93A, as it applies in relation to an infringement action concerning goods seized under section 82(4), with the following modifications:
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Compensation for failure to take action |
93I.—(1) Where —
[34/2018]
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Retention of control of seized goods |
93J. Despite section 93G and any rule made under section 93B(4)(c), in a case in which no order has been made under section 90(3) (as applied by section 93H) in relation to the seized goods, the Director‑General is not obliged to release or dispose of the goods if the Government is required or permitted, under any other law, to retain control of the goods. [34/2018] |
Disposal of seized goods |
93K. Section 92 applies in relation to goods seized under section 93A, as it applies in relation to goods seized under section 82(4), with a reference to the importer or exporter replaced with a reference to the dealer. [34/2018] |
Insufficient security |
93L.—(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 the Court under this Division exceed the amount deposited, or the amount of the security given, under section 93B, the amount of the excess is a debt due to the Government. [34/2018]
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Powers of search in relation to vessels, aircraft and vehicles |
94.—(1) A senior authorised officer or an authorised officer acting in accordance with the general or special directions of a senior authorised officer may board any conveyance in Singapore and may rummage and search all parts of the conveyance for goods liable to be seized under section 82 or 93A. [34/2018]
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Examination of packages, etc. |
95.—(1) Any goods, package, box, chest or other article which is being or has recently been imported, or is being exported, and in regard to which a reasonable suspicion exists that it is or that it contains goods liable to be seized under section 82 or 93A may be —
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Power to remove packages and goods to police station or examination station |
96.—(1) For the more convenient exercise of the powers conferred by section 95, an authorised officer may remove any package, box, chest or other article or any goods to a police station or examination station or may require it to be so removed by the owner thereof or the owner’s agent or any person having the custody, charge or control thereof.
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Search of persons and baggage |
97.—(1) Any person landing or being about to land or having recently landed from any vessel or aircraft, or leaving any vessel or aircraft in Singapore whether for the purpose of landing or otherwise, or entering or having recently entered Singapore by land, sea or air, must —
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Powers of authorised officers to enter certain premises |
98.—(1) For the purpose of exercising the powers conferred by sections 94 to 97, an authorised officer may, without warrant, enter upon —
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Obstruction |
99. Any person who —
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Protection from personal liability |
100. No liability shall lie personally against the Director-General, an authorised officer, a senior authorised officer, or any person acting under the direction of the Director-General for anything done or omitted to be done with reasonable care and in good faith in the course of or in connection with —
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