Clause 20

by deleting the words “shall not do so” in subsection (2) and substituting the words “shall not be so”;

by deleting the word “or” at the end of subsection (2)(f);

by deleting the words “it consists of the import, use, disposal or offer to dispose of, of any patented product, or of any product” in subsection (2)(g) and substituting the words “subject to subsection (2A), it consists of the import, use or disposal of, or the offer to dispose of, any patented product or any product”;

by deleting the full-stop at the end of paragraph (g) of subsection (2) and substituting a semi-colon, and by inserting immediately thereafter the following paragraphs:“(h)it consists of the doing of any thing set out in subsection (1) in relation to the subject-matter of the patent to support any application for marketing approval for a pharmaceutical product, provided that any thing produced to support the application is not —

made, used or sold in Singapore; or

exported outside Singapore,other than for purposes related to meeting the requirements for marketing approval for that pharmaceutical product; or

it consists of the import, disposal or offer to dispose of a patented pharmaceutical product for use by or on a specific patient in Singapore, or the use of that product by or on that patient, where —

that product is required for use by or on that patient;

the relevant authority has granted approval specifically for the import of that product for use by or on that patient; and

that product was produced by or with the consent (conditional or otherwise) of the proprietor of the patent or any person licensed by him (and for this purpose “patent” includes a patent granted in any country outside Singapore in respect of the same or substantially the same product and “licensed” shall be construed accordingly).”; and

by inserting, immediately after subsection (2), the following subsections:“(2A) Subsection (2)(g) shall not apply to the import of any patented pharmaceutical product by any person (referred to in this subsection and subsection (2B) as the importer) if —

the product has not previously been sold or distributed in Singapore by or with the consent (conditional or otherwise) of the proprietor of the patent or any person licensed by the proprietor of the patent to sell or distribute the product in Singapore;

the import of the product by the importer would result in the product being distributed in breach of a contract between —

the proprietor of the patent; and

any person licensed by the proprietor of the patent to distribute the product outside Singapore; and

the importer has actual or constructive knowledge of the matters referred to in paragraph (b).(2B) For the purposes of subsection (2A), where the importer has received a written notice containing the prescribed particulars, he shall be deemed to have constructive knowledge of the matters referred to in subsection (2A)(b).(2C) For the avoidance of doubt, in subsection (2A), “patent” does not include a patent granted in any country outside Singapore in respect of the same or substantially the same product and “licensed” shall be construed accordingly.”.