REPUBLIC OF SINGAPORE
GOVERNMENT GAZETTE
ACTS SUPPLEMENT
Published by Authority

NO. 29]Friday, August 24 [2018

The following Act was passed by Parliament on 9 July 2018 and assented to by the President on 2 August 2018:—
Intellectual Property (Border Enforcement) Act 2018

(No. 34 of 2018)


I assent.

HALIMAH YACOB,
President.
2 August 2018.
Date of Commencement: 10 October 2018 Division 1 of Part 1, Division 1 of Part 4, sections 87(1), 88(1), 89(1), (2) and (3), 90(1), (2) and (3) and 91
An Act to amend the Copyright Act (Chapter 63 of the 2006 Revised Edition), the Geographical Indications Act 2014 (Act 19 of 2014), the Registered Designs Act (Chapter 266 of the 2005 Revised Edition) and the Trade Marks Act (Chapter 332 of the 2005 Revised Edition), to enhance border enforcement measures for intellectual property rights, and to make related amendments to certain other Acts.
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
Short title and commencement
1.  This Act is the Intellectual Property (Border Enforcement) Act 2018 and comes into operation on a date that the Minister appoints by notification in the Gazette.
PART 1
AMENDMENTS TO COPYRIGHT ACT
Division 1 — Phase 1 Amendments
New section 140AA
2.  The Copyright Act (Cap. 63) is amended by inserting, immediately after section 140A, the following section:
Delegation of Director-General’s powers
140AA.  The Director-General may delegate to a senior officer of customs (within the meaning of section 3(1) of the Customs Act) any of the powers of the Director-General under this Division (except the power of delegation conferred by this section), subject to such conditions or restrictions as the Director-General may determine.”.
Amendment of section 140C
3.  Section 140C of the Copyright Act is amended —
(a)by deleting the words “or expense it is likely to incur as a result of the seizure of the copies” in paragraph (a) and substituting the words “or reasonable expense it is likely to incur in relation to the seizure, storage and disposal of the copies,”; and
(b)by inserting, immediately after the word “seizure” in the section heading, the words “, storage and disposal”.
New sections 140EA and 140EB
4.  The Copyright Act is amended by inserting, immediately after section 140E, the following sections:
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.
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.”.
Amendment of section 140G
5.  Section 140G of the Copyright Act is amended —
(a)by inserting, immediately after the words “by written notice” in subsection (1), the words “and the giving of the prescribed written undertakings”; and
(b)by deleting the words “gives such a notice” in subsection (3) and substituting the words “satisfies the requirements of subsection (1)”.
Amendment of section 140K
6.  Section 140K of the Copyright Act is amended —
(a)by renumbering the section as subsection (1) of that section, and by inserting immediately thereafter the following subsection:
(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.”; and
(b)by deleting the words “ordered to be forfeited” in the section heading.
Amendment of section 140LA
7.  Section 140LA of the Copyright Act is amended —
(a)by inserting, immediately after subsection (2), the following subsections:
(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.
(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.
(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.
(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.
(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).
(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).
(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.
(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.
(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).
(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.”; and
(b)by deleting the words “or expense it has and is likely to further incur as a result of the detention of the copies” in subsection (3)(b)(iii)(A) and substituting the words “or reasonable expense it has and is likely to further incur in relation to the detention, storage and disposal of the copies”.
Division 2 — Phase 2 Amendments
New Subdivision (1) heading to Division 6 of Part V
8.  The Copyright Act is amended by inserting, immediately above section 140A, the following Subdivision heading:
Subdivision 1 — Preliminary provisions”.
Amendment of section 140A
9.  Section 140A of the Copyright Act is amended —
(a)by deleting the definition of “objector”; and
(b)by inserting, immediately after the definition of “pilot of an aircraft”, the following definitions:
“ “requestor”, in relation to particular seized copies, means the person who gave the written notice under section 140B(1) as a result of the giving of which the copies were seized;
“retention period”, in relation to particular seized copies, means —
(a)the period specified in the notice given under section 140E(2) in respect of those copies; or
(b)if that period has been extended under section 140E(6), that period as so extended;”.
New section 140AB
10.  The Copyright Act is amended by inserting, immediately after section 140AA, as inserted by section 2, the following section:
Fees
140AB.—(1)  The Minister charged with the responsibility for customs duties may make regulations to prescribe the fees payable to the Director-General in connection with the administration of this Division and Division 7.
(2)  Without limiting subsection (1), regulations may be made to prescribe fees for the following purposes:
(a)for the escort of a conveyance conveying copies of copyright material seized under section 140B(7) or 140LA;
(b)for the attendance of an authorised officer or a senior authorised officer in connection with the inspection or destruction of such seized copies;
(c)for the attendance of an authorised officer or a senior authorised officer in connection with any other act or service under this Division or Division 7.”.
New Subdivision (2) heading to Division 6 of Part V
11.  The Copyright Act is amended by inserting, immediately above section 140B, the following Subdivision heading:
Subdivision 2 — Seizure of copies on request”.
Amendment of section 140B
12.  Section 140B of the Copyright Act is amended —
(a)by inserting, immediately after the word “imported” in subsection (1)(b) and (c)(ii), the words “or exported”;
(b)by deleting paragraph (d) of subsection (1) and substituting the following paragraph:
(d)requesting the Director-General to seize the copies.”;
(c)by deleting subsections (2) and (3) and substituting the following subsections:
(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.
(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.”;
(d)by deleting the words “the end of the period of 60 days commencing on” in subsection (5)(a) and substituting the words “the 59th day after”;
(e)by inserting, immediately after the word “material” in subsection (7)(a), the words “that complies with subsection (2)”;
(f)by deleting paragraph (c) of subsection (7) and substituting the following paragraph:
(c)a person imports or proposes to export copies of the copyright material to which this section applies,”;
(g)by deleting subsection (8) and substituting the following subsection:
(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.”; and
(h)by inserting, immediately after the word “importation” in the section heading, the words “or exportation”.
Amendment of section 140C
13.  Section 140C of the Copyright Act, as amended by section 3, is amended by deleting the word “objector” in paragraphs (a) and (b) and substituting in each case the word “requestor”.
Repeal and re-enactment of section 140D
14.  Section 140D of the Copyright Act is repealed and the following section substituted therefor:
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.”.
Amendment of section 140E
15.  Section 140E of the Copyright Act is amended —
(a)by deleting the words “and the objector, either personally or by post” in subsection (1) and substituting the words “or exporter (as the case may be), and the requestor, personally, by post or (with the prior consent of the addressee) by email”;
(b)by inserting, immediately after the word “importer” in subsection (2), the words “or exporter”;
(c)by deleting the word “objector” in subsections (2)(a) and (b) and (5) and substituting in each case the word “requestor”;
(d)by deleting the word “from” in subsection (2)(a) and substituting the word “after”; and
(e)by deleting the words “retention period” in subsections (5), (6) and (7) and substituting in each case the words “initial period”.
Amendment of section 140EA
16.  Section 140EA(2) of the Copyright Act, as inserted by section 4, is amended by deleting the words “this Division” in paragraph (b) and substituting the words “this Subdivision or Subdivision (3)”.
Amendment of section 140EB
17.  Section 140EB of the Copyright Act, as inserted by section 4, is amended —
(a)by deleting the word “objector” wherever it appears in subsection (1) and substituting in each case the word “requestor”;
(b)by inserting, immediately after the word “import” in subsection (1), the words “or proposed export (as the case may be)”; and
(c)by inserting, immediately after the word “import” in the section heading, the words “or export”.
Amendment of section 140F
18.  Section 140F of the Copyright Act is amended —
(a)by deleting the word “objector” wherever it appears in subsections (1), (2) and (5) and substituting in each case the word “requestor”;
(b)by inserting, immediately after the word “importer” in subsection (1), the words “or exporter (as the case may be)”;
(c)by deleting the words “one sample” in subsections (2) and (3) and substituting in each case the words “a sample”;
(d)by inserting, immediately after the words “If the importer” in subsection (3), the words “or exporter (as the case may be)”;
(e)by inserting, immediately after the words “permit the importer” in subsection (3), the words “or exporter”;
(f)by inserting, immediately after the words “by the importer” in subsection (3), the words “or exporter”; and
(g)by inserting, immediately after the word “importer” wherever it appears in subsection (5), the words “or exporter”.
Amendment of section 140G
19.  Section 140G of the Copyright Act, as amended by section 5, is amended —
(a)by inserting, immediately after the word “importer” in subsection (1), the words “or exporter (as the case may be)”; and
(b)by inserting, immediately after the word “importer” in subsection (3), the words “or exporter”.
Amendment of section 140H
20.  Section 140H of the Copyright Act is amended —
(a)by inserting, immediately after the word “importer” in subsection (1), the words “or exporter (as the case may be)”;
(b)by deleting the words “on the expiration” in subsection (1) and substituting the words “as soon as possible after the expiration”;
(c)by deleting the word “objector” in subsections (1) and (4) and substituting in each case the word “requestor”;
(d)by deleting subsection (2);
(e)by deleting the words “at the end of the period of 3 weeks commencing on” in subsection (3)(b) and substituting the words “on the 22nd day after”;
(f)by inserting, immediately after the words “to the importer” in subsection (3), the words “or the exporter (as the case may be) as soon as possible after the firstmentioned day”;
(g)by inserting, immediately after the words “to the importer” in subsection (4), the words “or the exporter (as the case may be) as soon as possible”; and
(h)by inserting, immediately after the word “importer” in the section heading, the words “or exporter”.
Amendment of section 140I
21.  Section 140I of the Copyright Act is amended —
(a)by inserting, immediately after the words “importation of seized copies” in subsection (1), the words “or by the making of seized copies”;
(b)by inserting, immediately after the word “importer” in subsection (4)(a) and (b), the words “or exporter (as the case may be)”;
(c)by inserting, immediately after the word “importation” in subsection (7)(a), the words “or making”; and
(d)by deleting the word “objector” in subsection (7) and substituting the word “requestor”.
Amendment of section 140IA
22.  Section 140IA of the Copyright Act is amended —
(a)by deleting the word “objector” wherever it appears in subsections (1) and (2) and substituting in each case the word “requestor”; and
(b)by deleting subsection (3).
Amendment of section 140K
23.  Section 140K(2) of the Copyright Act, as inserted by section 6, is amended by inserting, immediately after the word “importer” wherever it appears in paragraphs (a) and (b), the words “or exporter”.
Amendment of section 140L
24.  Section 140L of the Copyright Act is amended —
(a)by deleting the words “this Division” wherever they appear in subsection (1) and substituting in each case the words “this Subdivision”;
(b)by deleting the word “objector” in subsection (2) and substituting the word “requestor”; and
(c)by deleting the word “objectors” wherever it appears in subsection (2) and substituting in each case the word “requestors”.
Repeal of section 140LA and new Subdivision (3) of Division 6 of Part V
25.  Section 140LA of the Copyright Act, as amended by section 7, is repealed and the following Subdivision heading and sections substituted therefor:
Subdivision (3) — Ex-officio seizure of copies
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)).
Requirements for continued detention
140LB.—(1)  If the owner of the copyright in the copyright material wants the Director-General to continue to detain the seized copies of the copyright material so that the owner may institute an action for infringement of copyright in relation to them, the owner must, within the prescribed period after the date of the notice in section 140LA(3) —
(a)give to the Director-General a written notice of this in the form determined by the Director-General, supported by such documents and information as the Director-General may require, and accompanied by the fee prescribed under section 140AB; and
(b)either —
(i)deposit with the Director-General a sum of money that, in the Director-General’s opinion, is sufficient for the purpose mentioned in subsection (2); or
(ii)give security to the Director-General’s satisfaction for such purpose,
unless the owner had earlier given such deposit or security to the Director-General and the deposit had not been forfeited or returned or the security is still effective.
(2)  The purpose in subsection (1) is the reimbursement to the Government of —
(a)any liability or reasonable expense it is likely to incur in relation to the seizure, storage and disposal of the copies; and
(b)the payment of such compensation as the court may order under section 140LI or section 140I(7) (as applied by section 140LH).
(3)  If subsection (1) is not satisfied, the Director-General must release the seized copies to the dealer.
(4)  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 the Director-General may release seized copies of any copyright material to the dealer concerned because of non-compliance with any direction of the Director-General or any such regulation.
Notice to take action
140LC.—(1)  If section 140LB(1)(a) and (b) has been satisfied by the owner of the copyright in the copyright material, the Director-General must, as soon as practicable, give to the owner and the dealer personally, by post or (with the prior consent of the addressee) by email, a written notice stating that the copies will be released to the dealer unless —
(a)an action for infringement of copyright in relation to the copies is instituted by the owner within a prescribed period after the day specified in the notice; and
(b)the owner gives written notice to the Director-General within the period in paragraph (a) stating that such action has been instituted.
(2)  Section 140E(4) to (7) applies in relation to a notice under subsection (1) as it applies in relation to a notice under section 140E(1), as if a reference to the requestor is a reference to the owner of the copyright in the copyright material.
Persons bound to give information or produce documents
140LD.—(1)  At any time after copies of copyright material have been seized under section 140LA, 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 140LE (whether or not such a request has actually been received);
(b)to enable any action to be taken under this Subdivision or Subdivision (2) 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.
Information on import or export
140LE.—(1)  After section 140LB(1)(a) and (b) has been satisfied by the owner of the copyright material, the Director-General may, upon the request of the owner, and if the Director-General is satisfied that the information is necessary to enable the owner to institute an infringement action, 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 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.
Forfeiture of seized copies by consent
140LF.—(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 copies being forfeited to the Government.
(2)  The notice must be given before any action for infringement of copyright in relation to the copies is instituted.
(3)  If the dealer satisfies the requirements of subsection (1), the copies are forfeited to the Government and must be disposed of —
(a)in the manner prescribed by regulations; or
(b)if no manner of disposal is so prescribed, as the Director-General directs.
Compulsory release of seized copies to dealer
140LG.—(1)  The Director-General must release the seized copies (not being copies forfeited to the Government under section 140LF) to the dealer as soon as possible after the date of expiry of the period specified in the notice under section 140LC(1) (including any extension of that period under section 140E(6) as applied by section 140LC(2)), if the owner of the copyright in the copyright material has not, before that date —
(a)instituted an action for infringement of the copyright in respect of the copies; and
(b)given written notice to the Director-General stating that the action has been instituted.
(2)  If —
(a)an action for infringement of copyright has been instituted in respect of the 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 preventing the release of the copies,
the Director-General must release the copies to the dealer as soon as possible after the firstmentioned day.
(3)  If the owner of the copyright in the copyright material gives a written notice to the Director-General stating that the owner consents to the release of the seized copies, the Director-General must release the copies to the dealer as soon as possible.
Provisions relating to actions for infringement of copyright
140LH.  Section 140I applies in relation to an action for infringement of copyright constituted by the import of the copies seized under section 140LA or the making of the copies so seized, as it applies in relation to an action for infringement of copyright constituted by the import of the copies seized under section 140B(7) or the making of the copies so seized, 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.
Compensation for failure to take action
140LI.—(1)  Where —
(a)copies of copyright material have been seized under section 140LA;
(b)the copies continue to be detained because section 140LB(1)(a) and (b) has been satisfied; and
(c)the owner fails to take infringement action within the period specified in the notice under section 140LC(1) (including any extension of that period under section 140E(6) as applied by section 140LC(2)),
a person aggrieved by the seizure may apply to the court for an order of compensation against the owner.
(2)  Where the court is satisfied that the applicant has suffered loss or damage as a result of the seizure of the copies, the court may order the owner to pay to the applicant compensation of such amount as the court thinks fit.
Retention of control of seized copies
140LJ.  Despite section 140LG and any regulation made under section 140LB(4)(c), in a case in which no order has been made under section 140I(4) (as applied by section 140LH) in relation to the 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.
Disposal of seized copies
140LK.  Section 140K applies in relation to copies of copyright material seized under section 140LA, as it applies in relation to copies of copyright material seized under section 140B(7), with a reference to the importer or exporter replaced with a reference to the dealer.
Insufficient security
140LL.—(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 140LB, the amount of the excess is a debt due to the Government.
(2)  The debt created by subsection (1) is due by the owner of the copyright in the copyright material or, if there are 2 or more such owners, by the owners jointly and severally.”.
Amendment of section 140M
26.  Section 140M(1) of the Copyright Act is amended by deleting the words “detained under section”.
Amendment of section 140N
27.  Section 140N of the Copyright Act is amended —
(a)by inserting, immediately after the word “imported” in subsection (1), the words “, or is being exported,”;
(b)by deleting the words “detained under section” in subsection (1);
(c)by deleting the words “tests or analysis” in subsection (1)(b) and substituting the words “infringement verification, or tests or analysis,”; and
(d)by inserting, immediately after subsection (2), the following subsection:
(3)  In this section, “infringement verification” means any process (whether or not involving the owner of the copyright in the copyright material concerned) to determine if any article is or contains a copy of copyright material liable to be seized under section 140B(7) or 140LA.”.
Amendment of section 140O
28.  Section 140O(3) of the Copyright Act is amended by deleting the word “goods” wherever it appears and substituting in each case the words “package, box, chest, article or goods (as the case may be)”.
Amendment of section 140P
29.  Section 140P(1) of the Copyright Act is amended by deleting the words “detained under section” wherever they appear in paragraphs (a) and (b).
Repeal and re-enactment of section 140Q
30.  Section 140Q of the Copyright Act is repealed and the following section substituted therefor:
Powers of authorised officers to enter certain premises
140Q.—(1)  For the purpose of exercising the powers conferred by sections 140M to 140P, an authorised officer may, without warrant, enter upon —
(a)any islet, landing place, wharf, dock, railway or quay;
(b)any premises of a provider of port services or facilities licensed or exempted under the Maritime and Port Authority of Singapore Act (Cap. 170A); or
(c)any premises of any airport operated under a licence or exemption under the Civil Aviation Authority of Singapore Act (Cap. 41).
(2)  In this section, “railway” has the meaning given by the Railways Act (Cap. 263).”.