Singapore legislation

Clause 18

of Trade Marks (Amendment) Bill

Clause 18

Amendment of section 42

Section 42 of the principal Act is amended by deleting subsection (5) and substituting the following subsections:“(5) Subject to subsection (5B), a licence to use a registered trade mark is binding on every successor in title to the grantor’s interest —

(a)

except any person who, in good faith and without any notice (actual or constructive) of the licence, has given valuable consideration for the interest in the registered trade mark; or

(b)

unless the licence provides otherwise,and any reference in this Act to doing anything with, or without, the consent of the proprietor of a registered trade mark shall be construed accordingly.(5A) Every person shall be deemed to have notice of a licence if the prescribed particulars of the grant of the licence are entered in the register under section 39(1).(5B) Where an application under section 39(1) is made before 1st July 2004 to register the prescribed particulars of the grant of a licence, then, unless the licence provides otherwise, the licence shall be binding on every successor in title to the grantor’s interest.”.

Clause 18 — Trade Marks (Amendment) Bill | laws.sg