Singapore legislation
Clause 55
Clause 55
Protection of well-known trade marks: Article 6bis of Paris Convention, etc.
(1)
References in this section to a trade mark which is entitled to protection under the Paris Convention or the TRIPS Agreement as a well-known trade mark are to a mark which is well-known in Singapore as being the mark of a person who —
is a national of a Convention country; or
is domiciled in, or has a real and effective industrial or commercial establishment in, a Convention country,whether or not that person carries on business, or has any goodwill, in Singapore, and references to the proprietor of such a mark shall be construed accordingly.
(2)
The proprietor of a trade mark which is entitled to protection under the Paris Convention or the TRIPS Agreement as a well-known trade mark is entitled to restrain by injunction the use in Singapore in the course of trade and without the proprietor’s consent of a trade mark which, or the essential part of which, is identical with or similar to the proprietor’s mark, in relation to identical or similar goods or services, where the use is likely to cause confusion.
(3)
The right referred to in subsection (2) is subject to section 24.
(4)
Nothing in subsection (2) shall affect the continuation of any bona fide use of a trade mark begun before the commencement of this Act.
(5)
For the purposes of this section and sections 56, 57 and 59, “use”, in relation to a trade mark, means use within the meaning of section 27(4).