Singapore legislation
Clause 38
Clause 38
Savings and transitional provisions
(1)
Section 4 shall only apply to an application for registration of a trade mark that is made on or after the date of commencement of this Act, and section 5 of the principal Act in force immediately before that date shall continue to apply to an application for registration of a trade mark that is made before that date.
(2)
Section 7 shall only apply to a trade mark with a date of application for registration that is on or after the date of commencement of this Act, and section 15 of the principal Act in force immediately before that date shall continue to apply to any trade mark with a date of application for registration that is before that date.
(3)
Section 8 shall only apply to the renewal of registration of a trade mark if such renewal falls due on or after the date of commencement of this Act, and section 19 of the principal Act in force immediately before that date shall continue to apply to any renewal which falls due before that date.
(4)
Sections 11, 12 and 13 shall only apply in relation to a registered trade mark as from the date of commencement of this Act, and, subject to paragraph 4 of the Third Schedule to the principal Act, sections 27, 28 and 29 of the principal Act in force immediately before that date shall continue to apply in relation to any infringement of the registered trade mark that was committed before that date.
(5)
Section 14 shall only apply in relation to any infringement of a registered trade mark that is committed after the date of commencement of this Act, and, subject to paragraph 4 of the Third Schedule to the principal Act, section 31 of the principal Act in force immediately before that date shall continue to apply in relation to any infringement of the registered trade mark that was committed before that date.
(6)
Sections 15 and 16 shall apply to all counterfeit goods, whether made before, on or after the date of commencement of this Act.
(7)
Section 20 shall only apply to proceedings commenced in the Court on or after the date of commencement of this Act, and section 45 of the principal Act in force immediately before that date shall continue to apply in relation to any proceedings commenced in the Court before that date.
(8)
Section 26 shall only apply in relation to a well known trade mark as from the date of commencement of this Act, and section 55 of the principal Act in force immediately before that date shall continue to apply in relation to any use before that date —
in Singapore in the course of trade; and
without the consent of the proprietor of the well known trade mark,of a trade mark which, or the essential part of which, is identical with or similar to the well known trade mark, in relation to identical or similar goods or services, where the use is likely to cause confusion.
(9)
The Minister may, by order published in the Gazette, make such further transitional, savings and other consequential provisions as he may consider necessary or expedient.