Singapore legislation

Section 93B

of Trade Marks Act 1998

Section 93B

Requirements for continued detention

Amended by34/201834/201834/201834/2018

(1)

If the proprietor of the registered trade mark wants the Director‑General to continue to detain the seized goods so that the proprietor may institute an infringement action in relation to them, the proprietor must, within the prescribed period after the date of the notice in section 93A(3) —

(a)

give to the Director‑General a written notice of this in the form determined by the Director‑General, supported by such documents and information as the Director‑General may require, and accompanied by the fee prescribed under section 81B; and

(b)

either —

(i)

deposit with the Director-General a sum of money that, in the Director‑General’s opinion, is sufficient for the purpose mentioned in subsection (2); or

(ii)

give security to the Director-General’s satisfaction for such purpose,unless the proprietor had earlier given such deposit or security to the Director‑General and the deposit had not been forfeited or returned or the security is still effective.

Amended by34/2018

(2)

The purpose in subsection (1) is the reimbursement to the Government of —

(a)

any liability or reasonable expense it is likely to incur in relation to the seizure, storage and disposal of the goods; and

(b)

the payment of such compensation as the Court may order under section 93I or section 90(6) (as applied by section 93H).

Amended by34/2018

(3)

If subsection (1) is not satisfied, the Director‑General must release the seized goods to the dealer.

Amended by34/2018

(4)

The Minister may make rules that are necessary or convenient to be prescribed for carrying out or giving effect to this Division, and in particular to provide —

(a)

for the times at which, and the manner in which, notices are to be given;

(b)

for the giving of information and evidence to the Director‑General; and

(c)

that the Director-General may release any seized goods to the dealer concerned because of non-compliance with any direction of the Director‑General or any such rule.

Amended by34/2018