Singapore legislation

Section 93A

of Trade Marks Act 1998

Section 93A

Seizure and inspection of counterfeit goods

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

(1)

Despite section 82(4), an authorised officer may —

(a)

examine any goods to which this subsection applies, including goods in transit; or

(b)

seize any goods 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.

Amended by34/2018

(2)

Subsection (1) applies to goods that the authorised officer reasonably suspects are counterfeit goods in relation to a registered trade mark.

Amended by34/2018

(3)

As soon as practicable after the goods 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 goods (called in this Division the dealer); and

(b)

the proprietor of the registered trade mark.

Amended by34/2018

(4)

The written notice in subsection (3) must —

(a)

identify the goods seized; and

(b)

set out the rights of the dealer in section 86 (as applied by subsection (5)), and the requirements in section 93B.

Amended by34/2018

(5)

Section 86 (which provides for the inspection of seized goods) applies in relation to the seized goods as it applies in relation to goods seized under section 82(4), with the following modifications:

(a)

replace a reference to the requestor with a reference to the proprietor of the registered trade mark;

(b)

replace a reference to the importer or exporter with a reference to the dealer.

Amended by34/2018

(6)

At the Director‑General’s direction, seized goods 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 goods immediately before the seizure;

(b)

the proprietor of the registered trade mark (but only if the proprietor has satisfied section 93B(1)(a) and (b)).

Amended by34/2018
Section 93A — Trade Marks Act 1998 | laws.sg