Restriction of importation 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 he 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;
(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; and
(iii)to satisfy the Director-General that the goods are infringing goods; and
(d)stating that he objects to such importation.
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(2)  A notice given under subsection (1) shall be supported by such documents and information, and accompanied by such fee, as may be prescribed by rules made under this Act.
(3)  A notice under subsection (1) shall remain in force until the end of the period of 60 days commencing on the day on which the notice was given, unless it is revoked, before the end of that period, by notice in writing given to the Director-General —
(a)if the person giving the first-mentioned notice is a licensee of the registered trade mark and he 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.
(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(b)the notice has not lapsed or been revoked; and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 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.
(5)  The Minister may make rules 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.
[Copyright 1988 Ed., s. 140B]
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 objector 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
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(ii)pay such compensation as may be ordered by the Court under section 89(2) or 90(6); or
(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 and the payment of such compensation.
[Copyright 1988 Ed., s. 140C]
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Secure storage of seized goods
84.  Seized goods shall be taken to such secure place as the Director-General directs.
[Copyright 1988 Ed., s. 140D]
Notice of seizure
85.—(1)  As soon as is practicable after goods are seized under section 82, the Director-General shall give to the importer and the objector, either personally or by post, a written notice identifying the goods and stating that they have been seized.
(2)  A notice under subsection (1) shall state that the goods will be released to the importer unless —
(a)an infringement action in respect of the goods 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 infringement action has been instituted.
(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) shall not be earlier than the day on which the notice is given.
(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 initial period), request that the period be extended.
(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.
[Copyright 1988 Ed., s. 140E]
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.
(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 Part 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.
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Information on import
85B.—(1)  After goods have been seized under section 82(4), 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 infringement action, give the objector the name and contact details of any person connected with the import of the seized goods.
(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 objector or the importer to inspect the seized goods.
(2)  If the objector gives the requisite undertakings, the Director-General may permit the objector to remove a sample of the seized goods from the custody of the Director-General for inspection by the objector.
(3)  If the importer gives the Director-General the requisite undertakings, the Director-General may permit the importer to remove a sample of the seized goods from the custody of the Director-General for inspection by the importer.
(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 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 goods incurred during that inspection; or
(b)anything done by the objector 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 objector of such a sample.
[Copyright 1988 Ed., s. 140F]
Forfeiture of seized goods by consent
87.—(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 goods being forfeited to the Government.
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(2)  The notice shall be given before any infringement action in relation to the seized goods is instituted.
(3)  If the importer satisfies the requirements of subsection (1), the seized goods are forfeited to the Government and shall 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.
[Copyright 1988 Ed., s. 140G]
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Compulsory release of seized goods to importer
88.—(1)  The Director-General shall release seized goods (not being goods forfeited to the Government under section 87) to the importer on the expiration of the retention period for the goods if the objector 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.
(2)  If —
(a)an infringement action has been instituted in relation to the seized goods; and
(b)at the end of a 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 goods,
the Director-General shall release the goods to the importer.
(3)  If the objector gives written notice to the Director-General stating that he consents to the release of the seized goods, the Director-General shall release the goods to the importer.
(4)  This section has effect subject to section 91.
[Copyright 1988 Ed., s. 140H]
Compensation for failure to take action
89.—(1)  Where goods have been seized pursuant to a notice given under section 82 and the objector 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 objector.
(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 objector to pay compensation in such amount as the Court thinks fit to the applicant.
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 subject to such conditions, if any, as the Court thinks fit;
(b)order that the seized goods not be released to the importer before the end of a specified period; or
(c)order that the seized goods be forfeited to the Government.
(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 shall 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 importation of the seized goods; 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 goods,
the Court may order the objector to pay compensation in such amount as the Court thinks fit to that defendant.
[Copyright 1988 Ed., s. 140I]
Retention of control of seized goods
91.  Notwithstanding 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.
[Copyright 1988 Ed., s. 140J]
Disposal of seized goods
92.—(1)  If the Court orders that seized goods are to be forfeited to the Government, the goods shall 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 a written notice of the release of seized goods; and
(b)the importer fails to take custody of the seized goods within the period specified in the notice,
the Director-General may dispose of the goods —
(i)in the manner prescribed by rules made under this Act; or
(ii)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 Part, or taken in accordance with an order of court under this Part 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.
(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.
[Copyright 1988 Ed., s. 140L]
Detention and examination of counterfeit goods
93A.—(1)  Notwithstanding section 82(4), any authorised officer may —
(a)detain any goods —
(i)that are imported into, or that are to be exported from, Singapore; and
(ii)that are not goods in transit, unless the goods are consigned to any person with a commercial or physical presence in Singapore; or
(b)examine any goods, including goods in transit,
which he reasonably suspects are counterfeit goods in relation to a registered trade mark.
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(2)  As soon as practicable after goods 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 goods; and
(b)to the proprietor of the registered trade mark,
a written notice identifying the goods, stating that they have been detained and setting out the matters referred to in subsection (3).
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(2A)  At any time after goods 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.
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(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 Part 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.
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(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.
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(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).
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(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).
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(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.
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(2H)  The Director-General may, upon the request of the proprietor of the registered trade mark, 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 detained goods.
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(2I)  However, no disclosure under subsection (2H) is permitted unless the proprietor of the registered trade mark to whom disclosure is to be made —
(a)in the case of goods 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 goods that are to be exported from Singapore or goods that are goods in transit and consigned to a person with a commercial or physical presence in Singapore —
(i)satisfies the Director-General that the trade mark concerned is a registered trade mark and that he is the proprietor of it; and
(ii)has carried out the act mentioned in subsection (3)(b)(iii).
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(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.
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(3)  The detained goods shall be released to the importer, exporter or consignee, as the case may be, of the goods, unless, within the prescribed period, the proprietor of the registered trade mark —
(a)in the case of goods that are imported into Singapore and that are not goods in transit —
(i)gives the Director-General a written notice referred to in section 82(1);
(ii)submits the documents and information, and pays the fee, referred to in section 82(2) to the Director-General; and
(iii)deposits with the Director-General the sum of money referred to in section 83(a) or gives the security referred to in section 83(b); or
(b)in the case of goods that are to be exported from Singapore or goods in transit that are consigned to a person with a commercial or physical presence in Singapore —
(i)institutes an action for the infringement of his trade mark;
(ii)serves on the Director-General an order of the Court authorising the further detention of the goods; 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 incurred and is likely to further incur in relation to the detention, storage and disposal of the goods; 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 goods 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.
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(4)  Every order of the Court authorising the further detention of goods under subsection (3)(b)(ii) shall be subject to the condition that the proprietor of the registered trade mark complies with subsection (3)(b)(iii) within the period prescribed under subsection (3).
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(5)  Where the Court has made an order authorising the further detention of goods under subsection (3)(b) —
(a)the detained goods shall be taken to such secure place as the Director-General directs; and
(b)sections 86, 87 and 89 to 93 shall apply, with the necessary modifications, to the further detention of the goods, and for the purposes of such application —
(i)any reference to the objector shall be read as a reference to the proprietor of the registered trade mark;
(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 goods;
(iii)any reference to the seized goods shall be read as a reference to the detained goods;
(iv)any reference to the seizure of goods shall be read as a reference to the detention or further detention of the goods;
(v)any reference to the import or importation of goods shall be read —
(A)in the case of goods that are to be exported from Singapore, as a reference to the export of the goods; or
(B)in the case of goods in transit that are consigned to a person with a commercial or physical presence in Singapore, as a reference to the import, importation or export, of the goods by the consignee;
(vi)any reference to infringement action shall be read as a reference to an action for the infringement of the registered trade mark 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).
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