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 —
(a)stating that the person is —
(i)the proprietor of the registered trade mark; or
(ii)a licensee thereof having the power to give such a notice;
(b)stating that goods which, in relation to the registered trade mark, are infringing goods are expected to be imported or exported;
(c)providing sufficient information —
(i)to identify the goods;
(ii)to enable the Director-General to ascertain when and where the goods are expected to be imported or exported; and
(iii)to satisfy the Director-General that the goods are infringing goods; and
(d)requesting the Director-General to seize the goods.
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(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 81B.
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(3)  A notice under subsection (1) remains in force until the 59th day after the day on which the notice was given, unless it is revoked, before the end of that period, by written notice given to the Director‑General —
(a)if the person giving the firstmentioned notice is a licensee of the registered trade mark and the licensee has power to revoke the notice — by the licensee;
(b)in any other case — by the person who is then the proprietor of the registered trade mark.
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(4)  If —
(a)a notice has been given under this section in respect of a registered trade mark;
(b)the notice has not lapsed or been revoked; and
(c)a person imports or proposes to export goods, not being goods in transit, which bear a sign that, or whose packaging bears a sign that, in the opinion of an authorised officer, is identical with or similar to the registered trade mark in question,
an authorised officer may seize the goods.
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(5)  The Minister may make rules that are necessary or convenient to be prescribed for carrying out or giving effect to this Division, 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 any goods because of non-compliance with any direction of the Director‑General or any such rule.
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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 —
(a)the requestor has deposited with the Director‑General a sum of money that, in the opinion of the Director‑General, is sufficient to —
(i)reimburse the Government for any liability or reasonable expense it is likely to incur in relation to the seizure, storage and disposal of the goods; and
(ii)pay such compensation as may be ordered by the Court under section 89(2) or 90(6); or
(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 and the payment of such compensation.
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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.
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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.
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(2)  A notice under subsection (1) must state that the goods will be released to the importer or exporter unless —
(a)an infringement action in respect of the goods is instituted by the requestor within a specified period after the day specified in the notice; and
(b)the requestor gives written notice to the Director‑General within that period stating that the infringement action has been instituted.
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(3)  The period to be specified for the purpose of paragraph (a) of subsection (2) is the period prescribed for the purposes of that paragraph.
(4)  The day specified for the purposes of subsection (2)(a) must not be earlier than the day on which the notice is given.
(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.
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(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.
(7)  A decision on a request made in accordance with subsection (5) must 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.
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.
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(2)  The purposes mentioned in subsection (1) are —
(a)to enable the Director-General to satisfy a request under section 85B (whether or not such a request has actually been received);
(b)to enable any action to be taken under this Division or Division 3 in relation to future shipments of goods; and
(c)for a statistical or research purpose.
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(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.
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(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.
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(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).
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(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).
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(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.
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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.
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(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.
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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.
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(2)  If the requestor gives the requisite undertakings, the Director‑General may permit the requestor to remove a sample of the seized goods from the custody of the Director‑General for inspection by the requestor.
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(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 goods from the custody of the Director‑General for inspection by the importer or exporter.
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(4)  The requisite undertakings are undertakings in writing that the person giving the undertaking will —
(a)return the sample 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.
(5)  If the Director-General permits inspection of the seized goods, or the removal of a sample, 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 goods incurred during that inspection; or
(b)anything done by the requestor or any other person to, or in relation to, a sample removed from the custody of the Director‑General or any use made by the requestor of such a sample.
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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.
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(2)  The notice must be given before any infringement action in relation to the seized goods is instituted.
(3)  If the importer or exporter satisfies the requirements of subsection (1), the seized goods are forfeited to the Government and must be disposed of —
(a)in the manner prescribed by rules made under this Act; or
(b)if no manner of disposal is so prescribed, as the Director‑General directs.
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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 —
(a)instituted an infringement action in relation to the goods; and
(b)given written notice to the Director-General stating that the action has been instituted.
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(2)  If —
(a)an infringement action has been instituted in relation to the seized goods; 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 goods,
the Director-General must release the goods to the importer or exporter (as the case may be) as soon as possible after the firstmentioned day.
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(3)  If the requestor gives written notice to the Director‑General stating that the requestor consents to the release of the seized goods, the Director‑General must release the goods to the importer or exporter (as the case may be) as soon as possible.
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(4)  This section has effect subject to section 91.
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.
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(2)  Where the Court is satisfied that the applicant had suffered loss or damage as a result of the seizure of the goods, the Court may order the requestor to pay compensation in such amount as the Court thinks fit to the applicant.
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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.
(2)  An authorised officer is entitled to be heard on the hearing of an infringement action.
(3)  In addition to any relief that may be granted apart from this section, the Court may —
(a)at any time, order that the seized goods be released to the importer or exporter (as the case may be) subject to such conditions (if any) as the Court thinks fit;
(b)order that the seized goods not be released to the importer or exporter (as the case may be) before the end of a specified period; or
(c)order that the seized goods be forfeited to the Government.
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(4)  A Court may not make an order under subsection (3)(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 goods.
(5)  The Director-General must comply with an order made under subsection (3).
(6)  If —
(a)the action is dismissed or discontinued, or if the Court decides that the relevant registered trade mark was not infringed by the use of a sign (within the meaning of section 27(4)) in relation to the seized goods; and
(b)a defendant to the infringement action satisfies the Court that the defendant has suffered loss or damage as a result of the seizure of the goods,
the Court may order the requestor to pay compensation in such amount as the Court thinks fit to that defendant.
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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 —
(a)in the manner prescribed by rules made under this Act; or
(b)if no manner of disposal is so prescribed, as the Director‑General directs.
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(2)  If —
(a)the Director-General gives to the importer or exporter a written notice of the release of seized goods; and
(b)the importer or exporter fails to take custody of the seized goods within the period specified in the notice,
the Director-General may dispose of the goods —
(c)in the manner prescribed by rules made under this Act; or
(d)if no manner of disposal is so prescribed, as the Director‑General directs.
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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.
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(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.
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Seizure and inspection of counterfeit goods
93A.—(1)  Despite section 82(4), an authorised officer may —
(a)examine any goods to which this subsection applies, including goods in transit; or
(b)seize any goods 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.
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(2)  Subsection (1) applies to goods that the authorised officer reasonably suspects are counterfeit goods in relation to a registered trade mark.
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(3)  As soon as practicable after the goods 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 goods (called in this Division the dealer); and
(b)the proprietor of the registered trade mark.
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(4)  The written notice in subsection (3) must —
(a)identify the goods seized; and
(b)set out the rights of the dealer in section 86 (as applied by subsection (5)), and the requirements in section 93B.
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(5)  Section 86 (which provides for the inspection of seized goods) applies in relation to the seized goods as it applies in relation to goods seized under section 82(4), with the following modifications:
(a)replace a reference to the requestor with a reference to the proprietor of the registered trade mark;
(b)replace a reference to the importer or exporter with a reference to the dealer.
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(6)  At the Director‑General’s direction, seized goods 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 goods immediately before the seizure;
(b)the proprietor of the registered trade mark (but only if the proprietor has satisfied section 93B(1)(a) and (b)).
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Last updated 20 Apr 2024
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