Singapore legislation

Section 95

of Trade Marks Act 1998

Section 95

Examination of packages, etc.

Amended by34/201834/2018

(1)

Any goods, package, box, chest or other article which is being or has recently been imported, or is being exported, and in regard to which a reasonable suspicion exists that it is or that it contains goods liable to be seized under section 82 or 93A may be —

(a)

examined and searched by an authorised officer or detained until any person in charge thereof has opened it for examination and search;

(b)

subjected to such infringement verification, or tests or analysis as the authorised officer thinks fit;

(c)

forcibly opened by, or by order of, a senior authorised officer to facilitate the examination and search except that any person in charge of the package, box, chest or other article must be afforded every reasonable facility for being present at the opening, examination and search; or

(d)

marked, locked, sealed or otherwise secured by an authorised officer pending examination and search.

Amended by34/2018

(2)

Any person, other than an authorised officer, who removes, opens, breaks or tampers with any mark, lock, seal or other means of securing any goods, package, box, chest or other article referred to in subsection (1)(d) 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.

(3)

In this section, “infringement verification” means any process (whether or not involving the proprietor of the registered trade mark concerned) to determine if any article is or contains goods liable to be seized under section 82(4) or 93A.

Amended by34/2018
Section 95 — Trade Marks Act 1998 | laws.sg