Singapore legislation

Section 46

of Trade Marks Act 1998

Section 46

Counterfeiting a trade mark

(1)

Any person who counterfeits a registered trade mark shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.

(2)

A person who —

(a)

makes a sign identical to or so nearly resembling a registered trade mark as to be calculated to deceive; or

(b)

falsifies a genuine registered trade mark, whether by alteration, addition, effacement, partial removal or otherwise,without the consent of the proprietor of the registered trade mark is deemed to counterfeit a registered trade mark.

(3)

In a prosecution under this section, the burden of proving the consent of the proprietor lies on the accused.

Section 46 — Trade Marks Act 1998 | laws.sg