Singapore legislation

Clause 12

Exceptions regarding prior users

(1)

Section 4 shall not apply to the use by a qualified person of a geographical indication (being a geographical indication identifying a wine or a spirit) in relation to any goods or services if the qualified person has, or he and his predecessor in title have, continuously used in Singapore that geographical indication in relation to those goods or services or related goods or services either —

(a)

for at least 10 years preceding 15th April 1994; or

(b)

in good faith preceding that date.

(2)

Section 4 shall not apply to the use by a person of a trade mark which is identical or similar to a geographical indication if —

(a)

the application for the registration of the trade mark was made in good faith, or the trade mark was registered in good faith, under the Trade Marks Act (Cap. 332) or any previous written law relating to trade marks; or

(b)

he has, or he and his predecessor in title have, continuously used that trade mark in good faith in Singapore in the course of trade,either —

(i)

before 15th January 1999; or

(ii)

before the geographical indication in question is protected in its country or territory of origin.

(3)

For the purposes of subsection (1), “qualified person” means —

(a)

a citizen of Singapore or an individual resident in Singapore;

(b)

a body corporate incorporated under any written law in Singapore; or

(c)

any other person who has a real and effective industrial or commercial establishment in Singapore.

Read in full context — Geographical Indications Bill →