Singapore legislation

Clause 134

Restriction of importation of copies of works

(1)

The owner of the copyright in a published literary, dramatic or musical work may give notice in writing to the Trade Development Board (referred to in this section as the Board) stating —

(a)

that he is the owner of the copyright in the work; and

(b)

that he objects to the importation into Singapore, during a period specified in the notice, of copies of the work to which this section applies.

(2)

A notice under subsection (1) shall be of no effect unless the period specified in the notice does not exceed 5 years and does not extend beyond the end of the period for which the copyright in the work to which the notice relates is to subsist.

(3)

This section shall apply, in relation to a work, to any copy of the work made outside Singapore the making of which would, if it had been made in Singapore by the person who imported it into Singapore, have constituted an infringement of the copyright in the work.

(4)

Where a notice has been given under this section in respect of a work and has not been withdrawn, the importation of copies of the work to which this section applies into Singapore for the purpose of —

(a)

selling, letting for hire, or by way of trade offering or exposing for sale or hire, the copies;

(b)

distributing the copies —

(i)

for the purpose of trade; or

(ii)

for any other purpose to an extent that will affect prejudicially the owner of the copyright in the work; or

(c)

by way of trade exhibiting the copies in public,is prohibited and any such copies, if imported into Singapore for any such purpose, may be seized and forfeited to the Government.

(5)

The Control of Imports and Exports Act (Cap. 240) shall apply to the seizure and forfeiture under this section of copies of a work to which this section applies as if the copies were prohibited imports for the purposes of that Act.

(6)

Regulations made under this Act may make provision for or in relation to —

(a)

the forms of notices under this section;

(b)

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

(c)

the giving of information and evidence to the Board;

(d)

the payment of fees and the giving of security to the Board and its agents in respect of any liability or expense that may be incurred by the Board and its agents as a result of the seizure of any copy of a work to which a notice under this section relates; and

(e)

indemnifying the Board and its agents against any such liability or expense.

(7)

For the purposes of subsection (6), the public officers who are authorised under the Control of Imports and Exports Act (Cap. 240) to search for, seize and detain prohibited imports shall be deemed to be agents of the Board.