Singapore legislation
Clause 36
Clause 36
Repeal and re-enactment of section 73 and new sections 73A to 73D
Section 73 of the principal Act is repealed and the following sections substituted therefor:“Importing or selling, etc., goods marked with a counterfeit trade mark
73. Any person who imports, sells or exposes or has in his possession for sale or for any purpose of trade or manufacture, any goods or thing to which a counterfeit trade mark is applied or to which a registered trade mark is falsely applied, shall, unless he proves that —
having taken all reasonable precautions against committing an offence under this section, he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the mark and on demand made by or on behalf of the prosecution, he gave all the information in his power with respect to the persons from whom he obtained the goods or thing; or
he had acted innocently,be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 for each goods or thing to which the counterfeit trade mark is applied or the registered trade mark is falsely applied (but not to exceed in the aggregate $100,000) or to imprisonment for a term not exceeding 5 years or to both.Falsely applying a registered trade mark to services73A. Any person who falsely applies a registered trade mark to services shall, unless he proves that he had acted innocently, be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.When trade mark deemed applied73B.—
A trade mark shall be deemed to be applied to goods if it is woven in, impressed on, worked into, or annexed or affixed to, the goods.(2) A trade mark shall be deemed to be applied to goods if —
it is applied to the goods themselves; or
it is applied to a covering, label, reel or thing in or with which the goods are sold or exposed or had in possession for a purpose of trade or manufacture.(3) A trade mark shall be deemed to be applied to goods or services if it is used in —
a manner likely to lead to the belief that it refers to, describes or designates the goods or services;
a sign or advertisement, including a televised advertisement; or
an invoice, wine list, catalogue, business letter, business paper, price list or other commercial document,and goods are delivered, or services provided, as the case may be, to a person in pursuance of a request or order made by reference to the trade mark as so used.(4) For the purposes of this section, “covering” includes a stopper, glass, bottle, vessel, box, capsule, case, frame or wrapper, and “label” includes a band or ticket.(5) A registered trade mark shall be deemed to be falsely applied to goods or services if, without the assent of the registered proprietor of the trade mark or of a registered user of the trade mark, the trade mark or a mark substantially identical with it is applied to the goods or services.(6) In a prosecution for falsely applying a registered trade mark to goods or services, the burden of proving the assent of the registered proprietor or a registered user lies on the defendant.Forfeiture of articles, etc., on conviction73C. A person convicted of an offence under any provision of this Act shall be liable, in addition to the punishment provided in that provision, to forfeit to the Government all articles or goods by means of which, or in relation to which, the offence was committed.Jurisdiction of courts73D. A District Court or a Magistrate’s Court shall have jurisdiction to hear and determine all offences under this Act and, notwithstanding anything to the contrary in the Criminal Procedure Code [Cap. 68], shall have power to impose the full penalty or punishment in respect of any offence under this Act.”.