Singapore legislation

Clause 82

of Trade Marks Bill

Clause 82

Restriction of importation of infringing goods

(1)

A person may give the Director-General a written notice stating —

(a)

that he is the proprietor of a registered trade mark or a licensee thereof having the power to give such a notice;

(b)

that, at a time and place specified in the notice, goods which, in relation to the registered trade mark, are infringing goods are expected to be imported for the purpose of trade; and

(c)

that he objects to such importation.

(2)

A notice given under subsection (1) shall be supported by such documents and information, and accompanied by such fee, as may be prescribed by rules made under this Act.

(3)

A notice under subsection (1) remains in force until the end of the period of 60 days commencing on the day on which the notice was given, unless it is revoked, before the end of that period, by notice in writing given to the Director-General —

(a)

if the person giving the first-mentioned notice is a licensee of the registered trade mark and he has power to revoke the notice, by the licensee;

(b)

in any other case, by the person who is then the proprietor of the registered trade mark.

(4)

If —

(a)

a notice has been given under this section in respect of a registered trade mark;

(b)

the notice has not lapsed or been revoked; and

(c)

a person imports goods, not being goods in transit, which bear a sign that, or whose packaging bear a sign that, in the opinion of an authorised officer, is identical with or similar to the registered trade mark in question,an authorised officer may seize the goods.

(5)

The Minister may make rules to provide for —

(a)

the forms of notices under this section;

(b)

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

(c)

the giving of information and evidence to the Director-General.