Singapore legislation

Section 85A

of Trade Marks Act 1998

Section 85A

Persons bound to give information or produce documents

Amended by34/201834/201834/201834/201834/201834/201834/2018

(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.

Amended by34/2018

(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 Division or Division 3 in relation to future shipments of goods; and

(c)

for a statistical or research purpose.

Amended by34/2018

(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.

Amended by34/2018

(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.

Amended by34/2018

(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).

Amended by34/2018

(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).

Amended by34/2018

(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.

Amended by34/2018