PART 1 | Citation and commencement |
| 1. These Rules are the Geographical Indications Rules 2019 and come into operation on 1 April 2019. |
2.—(1) In these Rules, unless the context otherwise requires —| “electronic online system” means the electronic online system established under rule 86A; [S 398/2022 wef 26/05/2022] |
| “excluded day”, in relation to any specific class of business, means any day on which the Registry is taken to be closed for the purposes of a transaction by the public in that class of business; |
| “folio” means 100 words, each figure being counted as one word; |
| “Geographical Indications Journal” means the journal by that name published under rule 96. |
| (2) Unless the context otherwise requires, “month”, wherever it occurs in any decision, direction or other document issued by the Registrar, means calendar month. |
(3) Any period of time fixed by these Rules or by any decision, direction or other document for the doing of any act is to be reckoned in accordance with the following sub-paragraphs:| (a) | where the act is required to be done within a specified period after a specified date, the specified period begins immediately after that date; | | (b) | where the act is required to be done within a specified period before a specified date, the period ends immediately before that date. |
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| (4) To avoid doubt, unless the context otherwise requires, a reference to a geographical indication in these Rules includes a reference to any variant constituting that geographical indication. [S 685/2020 wef 15/08/2020] |
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3.—(1) The fees specified in the First Schedule are payable to the Registrar in respect of the matters specified in that Schedule.(2) Unless otherwise provided for in these Rules, or the Registrar permits or directs otherwise in any particular case —| (a) | where a fee is specified in the First Schedule in respect of a matter, the fee is to be paid —| (i) | at the same time as the filing of the form corresponding to the matter; or | | (ii) | at the time the request for the matter is made, if no form is prescribed for the matter; and |
| | (b) | if the fee is not paid, the form or request is treated as not filed or made. |
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| (3) Subject to paragraph (4), a fee must be paid using the mode of payment permitted or directed by the Registrar. [S 398/2022 wef 26/05/2022] |
| (4) Where the electronic online system is used to carry out an act mentioned in rule 86A, the fee payable in connection with that act must, unless otherwise permitted or directed by the Registrar, be paid using the mode of payment designated by the electronic online system. [S 398/2022 wef 26/05/2022] |
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| 4.—(1) The Registrar may refuse to accept or process any document filed with the Registrar that fails to comply with the Act. [S 398/2022 wef 26/05/2022] (2) Every document filed with the Registrar —| (a) | must be in English; or | | (b) | where the document is not in English, must be accompanied by an English translation of the document. [S 398/2022 wef 26/05/2022] |
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| (3) Every document filed with the Registrar must be filed in accordance with the requirements relating to its size, durability, legibility or format specified in any practice direction issued by the Registrar. [S 436/2020 wef 05/06/2020] [S 398/2022 wef 26/05/2022] |
| (4) Where the Registrar refuses to accept any document that does not comply with paragraph (2) or (3), the Registrar must give the person that filed the document a notice stating the manner in which the document does not comply with that paragraph. |
(5) Where any document filed with the Registrar is a copy, the Registrar may —| (a) | decide whether to accept or process the document; and | | (b) | require the original to be filed with the Registrar. [S 398/2022 wef 26/05/2022] |
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| (6) The Registrar may require the filing of a hard copy of any document filed using the electronic online system. [S 398/2022 wef 26/05/2022] |
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5.—(1) The Registrar must publish on the Office’s website at http://www.ipos.gov.sg the forms to be used for any purpose relating to the registration of a geographical indication or any other proceedings before the Registrar under the Act.| (1A) The Registrar may modify any form in any particular case or class of cases. [S 436/2020 wef 05/06/2020] |
| (2) Any reference in these Rules to a numbered form is a reference to the current version of the form bearing the corresponding number as described in the Second Schedule and published on the website mentioned in paragraph (1). |
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| 6. All practice directions issued by the Registrar under the Act must be published by the Registrar on the Office’s website at http://www.ipos.gov.sg. |
| 7. [Deleted by S 436/2020 wef 05/06/2020] |
8.—(1) A document to be signed for or on behalf of a partnership must contain the full names of all the partners and must be signed by —| (a) | all the partners; | | (b) | any partner who purports to sign on behalf of the partnership; or | | (c) | any other individual who satisfies the Registrar that the individual is authorised to sign the document on behalf of the partnership. |
(2) A document to be signed for or on behalf of a body corporate must be signed by — | (a) | a director; | | (b) | the secretary or any other principal officer of the body corporate; or | | (c) | any other individual who satisfies the Registrar that the individual is authorised to sign the document on behalf of the body corporate. |
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| (3) A document to be signed by or on behalf of an unincorporated body or association of persons may be signed by any individual who appears to the Registrar to be qualified to so sign. |
| (4) In this rule, “document” means a document to be given or sent to, filed with or served on the Registrar in respect of any matter under the Act. |
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| 9.—(1) Where the Act authorises or requires any document to be given or sent to, filed with or served on the Registrar, the giving, sending, filing or service must be effected on the Registrar by sending an electronic communication of the document using the electronic online system. [S 398/2022 wef 26/05/2022] (2) Where the Act authorises or requires a party to give or send a document to, or serve a document on, another party (other than the Registrar), the giving, sending or service may be effected —| (a) | by post; | | (b) | by hand; | | (c) | by courier; [S 398/2022 wef 26/05/2022] | | (ca) | by sending an electronic communication using the electronic online system; or [S 398/2022 wef 26/05/2022] | | (d) | subject to paragraph (3B), by sending an electronic communication of the document by any other electronic means. [S 436/2020 wef 05/06/2020] [S 687/2021 wef 01/10/2021] [S 398/2022 wef 26/05/2022] |
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(3) Where the Act authorises or requires any notice or other document to be given or sent to or served on any party by the Registrar, the Registrar may send the notice or other document to that party —| (a) | by post; [S 436/2020 wef 05/06/2020] | | (b) | by hand; [S 436/2020 wef 05/06/2020] | | (c) | by courier; or [S 436/2020 wef 05/06/2020] | | (d) | by sending an electronic communication of the notice or other document using the electronic online system or, subject to paragraph (3B), by any other electronic means. [S 398/2022 wef 26/05/2022] |
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| (3A) Subject to paragraph (3B), the Registrar may, in a particular case, permit the giving, sending, filing or serving of a document in a manner other than provided by paragraph (1) or (2). [S 436/2020 wef 05/06/2020] |
(3B) However, the use of electronic means under paragraph (2)(d), (3)(d) or (3A) must be with the consent (express or implied) of —| (a) | the party; or | | (b) | the Registrar, |
| to whom the notice or other document is being given or sent, filed with or served by those means. |
[S 436/2020 wef 05/06/2020] |
| (4) Where any notice or other document is sent by post under paragraph (2) or (3), the giving, sending or service (as the case may be) of the notice or other document is treated (until the contrary is proved) as occurring at the time at which the notice or document would have been delivered in the ordinary course of post. |
| (5) For the purposes of paragraphs (2) and (3), a notice or other document is sent to a party by post if the notice or other document is sent by prepaid post to the party at the party’s address for service mentioned in rule 11 or 12. |
| (6) Despite the availability of an address for service mentioned in rule 11 or 12, where any notice or other document is given or sent to or served on a person by sending an electronic communication in the manner permitted by paragraph (2)(ca) or (d), (3)(d) or (3A), that notice or document is taken to have been duly given or sent to or served on the person. [S 436/2020 wef 05/06/2020] [S 398/2022 wef 26/05/2022] |
| (7) Service of any notice or other document under the Act on a person by electronic communication using the electronic online system may be effected only if the person is registered as an account holder in accordance with any practice directions issued by the Registrar under rule 86A(4). [S 398/2022 wef 26/05/2022] |
(7A) A notice or other document sent, filed or served by means of an electronic communication (other than the electronic online system) is treated as sent, filed or served —| (a) | if the time and the day the electronic communication becomes capable of being retrieved by the person to whom the notice or document is sent, filed or served does not fall on an excluded day for the business of sending, filing or serving the notice or document — at that time and on that day; or | | (b) | if that time falls on such excluded day — on the next following day that is not such excluded day. [S 398/2022 wef 26/05/2022] |
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(7B) A notice or other document that is —| (a) | transmitted to the Registrar or a party by means of the electronic online system; and | | (b) | received, by the server of that system set up to receive such transmissions, at any time before midnight on any day, |
| is treated as sent to, filed with or served on, and received by, the Registrar or the party — |
| (c) | if that day is not an excluded day for the business of sending to, filing with or serving on the Registrar or the party the notice or document by means of that system — at that time and on that day; or | | (d) | if that day is such excluded day — on the next following day that is not such excluded day. [S 398/2022 wef 26/05/2022] |
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| (7C) For the purposes of paragraph (7B), the notice or document is treated as sent to, filed with or served on, and received by, the Registrar or the party if and only if the last byte of the transmission containing the notice or other document is received by the server mentioned in that paragraph. [S 398/2022 wef 26/05/2022] |
(7D) Any person who sends, files or serves a notice or other document by means of the electronic online system may produce a record of transmission issued through that system as evidence of —| (a) | the sending, filing or service of that notice or document; and | | (b) | the date and time when the sending, filing or service took place. [S 398/2022 wef 26/05/2022] |
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| (8) This rule does not apply to notices and documents to be served in proceedings in the Court. |
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| 10.—(1) Where any person is required by the Act to provide the Registrar with an address, the address provided must be as full as possible to enable any person to find easily the place indicated by the address. [S 687/2021 wef 01/10/2021] | (2) The Registrar may require the address to include the name of the street, the number of the block of building, the number of the premises, the name of the premises (if any) and the postal code. |
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11.—(1) For the purposes of any proceedings before the Registrar, an address for service in Singapore must be provided in accordance with paragraph (2) or (3) by or on behalf of —| (a) | every applicant for registration of a geographical indication under section 39 of the Act; | | (b) | every registrant of a geographical indication; | | (c) | every person, not being the registrant, applying for the renewal of the registration of a registered geographical indication; | | (d) | every registrant applying under section 53 of the Act to transfer the registration of a registered geographical indication; | | (e) | every person to whom the registration of a registered geographical indication is being transferred under section 53 of the Act (called in this rule a transferee); | | (f) | every person making a request under section 46 of the Act for an entry in the register of a qualification of the rights conferred under the Act in respect of a registered geographical indication; | | (g) | every applicant for the cancellation of the registration of a geographical indication under section 52 of the Act; | | (h) | every applicant for the rectification of an error or omission in the register under section 22 of the Act; | | (i) | every person opposing any of the following:| (i) | an application under section 39 of the Act for registration of a geographical indication; | | (ii) | a request under section 46 of the Act for an entry in the register of a qualification of the rights conferred under the Act in respect of a registered geographical indication; | | (iii) | an application under section 52 of the Act for the cancellation of the registration of a geographical indication; | | (iv) | an application under section 22 of the Act for the rectification of an error or omission in the register; |
| | (j) | every person objecting to an application under section 47(2) of the Act for an amendment of an application for registration of a geographical indication which has been published; and | | (k) | every other party to any proceedings before the Registrar. |
| (2) Where the form for any application or request requires an address for service in Singapore, the address for service in Singapore must be provided in the form. |
| (3) In a case where paragraph (2) does not apply, the address for service must be given in writing. |
| (4) The address for service provided in accordance with paragraph (2) or (3) is effective only in respect of the matter for which the address for service was provided. |
(5) Despite paragraph (4) —| (a) | except where an address for service is specifically provided for any particular proceedings, an address for service provided in Form GI1 by an applicant for registration of a geographical indication is effective for the purposes of all proceedings in respect of the application for registration of the geographical indication; | | (b) | an address for service provided in accordance with sub‑paragraph (a) by a person as an applicant for registration of a geographical indication is, upon registration of the geographical indication, the address for service of that person as the registrant of that geographical indication, unless —| (i) | the Registrar is notified of a change in the address for service in accordance with paragraph (11) or rule 57; or | | (ii) | the Registrar is notified of a transfer of registration of the geographical indication to another person in accordance with rule 58; [S 398/2022 wef 26/05/2022] |
| | (c) | an address for service for a transferee, that is provided in Form CM8 by the registrant with the transferee’s authority, is effective for all matters in respect of the registered geographical indication after the transfer; [S 398/2022 wef 26/05/2022] | | (d) | an address for service provided in Form GI13 by a person opposing any of the following applications or requests is effective for the purposes of the opposition proceedings, and any related proceedings under Part 8:| (i) | an application under section 39 of the Act for the registration of a geographical indication; | | (ii) | a request under section 46 of the Act for an entry in the register of a qualification of the rights conferred under the Act in respect of a registered geographical indication; | | (iii) | an application under section 52 of the Act for the cancellation of the registration of a geographical indication; | | (iv) | an application under section 22 of the Act for the rectification of an error or omission in the register; |
| | (e) | an address for service provided in Form GI13 by a person objecting to an application under section 47(2) of the Act for an amendment of an application for registration which has been published, is effective for the purposes of the objection proceedings, and any related proceedings under Part 8; | | (f) | an address for service provided in Form HC6 by a person replying to an opposition to any of the following is effective for the purposes of the opposition proceedings, and any related proceedings under Part 8:| (i) | an application under section 39 of the Act for registration of a geographical indication; | | (ii) | a request under section 46 of the Act for an entry in the register of a qualification of the rights conferred under the Act in respect of a registered geographical indication; | | (iii) | an application under section 52 of the Act for the cancellation of the registration of a geographical indication; | | (iv) | an application under section 22 of the Act for the rectification of an error or omission in the register; and [S 398/2022 wef 26/05/2022] |
| | (g) | an address for service provided in Form HC6 by a person replying to an objection to an application under section 47(2) of the Act for an amendment of an application for registration of a geographical indication which has been published is effective for the purposes of the objection proceedings, and any related proceedings under Part 8. [S 398/2022 wef 26/05/2022] |
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(6) If —| (a) | an address for service in Singapore was not provided by or on behalf of a person in accordance with paragraph (2) or (3) for any particular proceedings; and | | (b) | there is no address in Singapore that is treated as effective under paragraph (5) for that person for the purposes of those proceedings, |
| the Registrar may treat that person’s trade or business address in Singapore as that person’s address for service for those proceedings. |
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(7) If —| (a) | an address for service in Singapore was not provided by or on behalf of a person in accordance with paragraph (2) or (3) for any particular proceedings; | | (b) | there is no address in Singapore that is treated as effective under paragraph (5) for that person for the purposes of those proceedings; and | | (c) | the person does not have any trade or business address in Singapore that is known to the Registrar, |
| the Registrar may send to any alternative address of the person notice to provide an address for service in Singapore within 2 months after the date of the notice. |
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(8) If —| (a) | the Registrar does not have any alternative address of the person to which a notice may be sent under paragraph (7); or | | (b) | the Registrar sends a notice under paragraph (7) to the person’s alternative address and no address for service is provided within 2 months after the date of the notice, |
| (c) | where the person is a person mentioned in paragraph (1)(a), (c), (d), (f), (g) or (h), the application or request (as the case may be) is treated as withdrawn; | | (d) | where the person is a person mentioned in paragraph (1)(i) or (j), the person is treated as having withdrawn from the proceedings in question; and | | (e) | where the person is a registrant mentioned in paragraph (1)(b) or a party mentioned in paragraph (1)(k), the registrant or party is not permitted to take part in the matter or proceedings in question. |
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(9) In paragraphs (7) and (8), “alternative address” means —| (a) | any address (not being an email address) that was previously provided by the person to the Registrar in relation to a matter under these Rules concerning the person that is the same as the matter at hand; or | | (b) | any email address that was previously provided by the person to the Registrar in relation to a matter under these Rules that is the same as the matter at hand, where the person had given prior consent for that address to be used for correspondence with the person for such matter. [S 398/2022 wef 26/05/2022] |
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| (10) Anything sent to or served on a person at the person’s address for service is taken to have been duly sent to or served on the person. |
| (11) Where any person mentioned in paragraph (1)(a) to (k) has changed the person’s address for service in Singapore, the person must notify the Registrar of such change in Form CM2. [S 398/2022 wef 26/05/2022] |
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12.—(1) When dealing with any matter under the Act in respect of which a person has been authorised to act as an agent on behalf of another person, the Registrar may require the personal signature or presence of either of them.| (2) The Registrar may, by notice in writing sent to an agent, require the agent to produce evidence of the agent’s authority to act. |
| (3) Where an agent has been appointed by any person in connection with any matter, the agent’s address for service in Singapore is treated as the address for service of that person for the purposes of that matter. |
(4) The appointment of an agent must be notified to the Registrar —| (a) | in the form for the matter; or | | (b) | in Form CM1, if no form is prescribed for the matter. [S 398/2022 wef 26/05/2022] |
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| (5) Any change of an agent for any matter must be notified to the Registrar in Form CM1. [S 398/2022 wef 26/05/2022] |
| (6) [Deleted by S 398/2022 wef 26/05/2022] |
(7) Where an agent for a party to any matter intends to cease to so act, the agent —| (a) | must file with the Registrar in Form CM1 —| (i) | a notice of such intention; | | (ii) | the party’s latest address, including any email address, on the agent’s records; and | | (iii) | a statement that the agent has given reasonable notice to the party of such intention and informed the party of the consequences set out in rule 11(8) as applied by paragraph (10); and [S 398/2022 wef 26/05/2022] |
| | (b) | must serve such form on the party at the same time the form is filed with the Registrar. |
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| (8) On receipt of the form mentioned in paragraph (7)(a), the Registrar must send to the party a notice requesting the party to provide an address for service within 3 months after the date of the notice. [S 398/2022 wef 26/05/2022] |
| (9) The notice in paragraph (8) must be sent to the address of the party filed under paragraph (7)(a)(ii) or any alternative address of the party. |
(10) Rule 11(8)(c), (d) or (e) (whichever is applicable) applies with the necessary modifications, if —| (a) | the Registrar does not have any alternative address of the party to which to send a notice under paragraph (8); or | | (b) | the Registrar sent a notice under paragraph (8) and no address for service was provided within 3 months after the date of the notice. [S 398/2022 wef 26/05/2022] |
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| (11) In paragraphs (9) and (10), “alternative address” has the meaning given by rule 11(9). [S 398/2022 wef 26/05/2022] |
| (12) In this rule, “matter” means any act to be done by or to a person in connection with the registration of a geographical indication, or any procedure relating to a registered geographical indication. |
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