Singapore legislation

Clause 16

Exceptions for prior users of registered geographical indications and trade marks

(1)

Section 4 shall not apply to the use by a qualified person of a registered geographical indication (being a geographical indication identifying any goods other than 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 1st January 2004; 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 registered geographical indication if —

(a)

the trade mark is a registered trade mark or an international trade mark (Singapore), and taking into account (where appropriate) the priorities claimed in respect of the trade mark under the Trade Marks Act (Cap. 332) —

(i)

the application for the registration of the trade mark was made in good faith; or

(ii)

the trade mark was registered in good faith,under the Trade Marks Act or any previous written law relating to trade marks, before the date of the application for registration of the geographical indication in Singapore; 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, before the date of the application for registration of the geographical indication in Singapore.

(3)

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

(a)

the trade mark is, before the date of the application for registration of the geographical indication in Singapore, a well known trade mark in Singapore; and

(b)

the application of section 4 to the use of that trade mark is liable to mislead consumers as to the true identity of the goods identified by that geographical indication.

(4)

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 →