Copyright Regulations 2021 - Singapore Statutes Online

Request to seize — prescribed requirements, etc.

82.—(1) This section prescribes matters in relation to a request to seize goods under section 332.

(2) A request may be made by the agent of a person.

(3) For the purposes of section 332(2)(a), a request must be served on the Director‑General by delivering it to the Singapore Customs —

(a)	during the business hours of the office of the Singapore Customs; and
(b)	at a time which gives a customs officer reasonable time to act on the request.

(4) For the purposes of section 332(2)(f) —

(a)

a request must be accompanied by a statutory declaration that the particulars stated in the request are true;

(b)

a requestor who is acting as an agent must give evidence of the authority given to the requestor; and

(c)

if the Director‑General so requires, a requestor must provide information or evidence to establish —

(i)	that the relevant work or performance is a copyright work or protected performance;
(ii)	the identity of the rights owner; and
(iii)	that the goods to be seized are infringing goods within the meaning of section 330,

and the information or evidence must be given in the required form and within the required time.

(5) For the purposes of section 332(2)(g), a request must be accompanied by the relevant fee prescribed by the Copyright (Border Enforcement Measures Fees) Regulations 2021 (G.N. No. S 881/2021).

(6) If there is any change that affects the particulars stated in the request, the requestor must, within 7 days after the change —

(a)	inform the Director‑General in writing; and
(b)	provide any document or information in relation to the change that the Director‑General may reasonably require.

Notice to bring action after seizure — prescribed time for bringing action

83. For the purposes of section 335(2)(d)(i), an infringement action must be brought in relation to seized goods within 10 working days after the date specified in the notice given under section 335(1).

Request to continue detention — prescribed requirements, etc.

84.—(1) This section prescribes matters in relation to a request to continue detention under section 338.

(2) A request may be made by the agent of a person.

(3) For the purposes of section 338(2)(a), a request must be made within 48 hours after the date of the notice of seizure in section 337.

(4) For the purposes of section 338(2)(b), a request must be served on the Director‑General by delivering it to the Singapore Customs during the business hours of the office of the Singapore Customs.

(5) For the purposes of section 338(2)(e) —

(a)

a request must be accompanied by a statutory declaration that the particulars stated in the request are true;

(b)

a requestor who is acting as an agent must give evidence of the authority given to the requestor; and

(c)

if the Director‑General so requires, a requestor must provide information or evidence to establish —

(i)	that the relevant work or performance is a copyright work or protected performance;
(ii)	the identity of the rights owner; and
(iii)	that the seized goods are infringing goods within the meaning of section 330,

and the information or evidence must be given in the required form and within the required time.

(6) For the purposes of section 338(2)(f), a request must be accompanied by the relevant fee prescribed by the Copyright (Border Enforcement Measures Fees) Regulations 2021.

(7) If there is any change that affects the particulars stated in the request, the requestor must, within 7 days after the change —

(a)	inform the Director‑General in writing; and
(b)	provide any document or information in relation to the change that the Director‑General may reasonably require.

Notice to bring action after seizure — prescribed time for bringing action

85. For the purposes of section 340(2)(a), an infringement action must be brought in relation to seized goods within 10 working days after the date specified in the notice given under section 340(1).

Extension of time for requestor to bring action

86. For the purposes of section 342(3), an extension of time must be for 10 working days starting on the expiry of the time specified in the notice to bring action (as defined by section 341).

Forfeiture by consent

87.—(1) This regulation prescribes matters in relation to forfeiture under section 355.

(2) For the purposes of section 355(2)(b), a dealer must undertake in writing to —

(a)

propose an arrangement for the disposal of the seized goods for the Director‑General’s approval; and

(b)

dispose of the seized goods in accordance with an arrangement approved by the Director‑General —

(i)	within one month after the date of a notice given by the Director‑General; and
(ii)	under the supervision of a customs officer.

(3) For the purposes of section 355(3)(a), the copies must be disposed of —

(a)	by the dealer;
(b)	in accordance with an arrangement approved by the Director‑General;
(c)	within one month after the date of a notice given by the Director‑General; and
(d)	under the supervision of a customs officer.

(4) If the dealer does not dispose of the copies within the period specified in paragraph (3)(c), the Director‑General must dispose of the copies and may do so in any manner.

Non‑compliance with this Division

88. For the purposes of section 357(1), the Director‑General or a customs officer may release any seized goods, or refuse to seize goods, if the person who made the request to seize or the request to continue detention in respect of those goods fails to comply with any provision in this Division.

Fees

89. The Copyright (Border Enforcement Measures Fees) Regulations 2021 apply.

Search within Legislation