Clause 90

by deleting the words “Geographical Indications Act (Cap. 117B)” in the definition of “geographical indication” in section 2(1) and substituting the words “Geographical Indications Act 2014”;

by deleting the words “Geographical Indications Act (Cap. 117B)” in section 4(2) and substituting the words “Geographical Indications Act 2014”; and

by inserting, immediately after subsection (10) of section 7, the following subsections:“(10A) Notwithstanding subsection (2), a trade mark shall not be registered if —

it contains or consists of a geographical indication which is registered, or in respect of which an application for registration has been made, under the Geographical Indications Act 2014 before the date of the application for registration of the trade mark; and

the goods for which the trade mark is sought to be registered —

are identical or similar to the goods for which the geographical indication is registered or for which registration of the geographical indication is sought; and

do not originate in the place indicated by the geographical indication.(10B) Subsection (10A) shall apply whether or not the trade mark has, or is accompanied by, an indication of the true geographical origin of the goods, or an expression such as “kind”, “type”, “style”, “imitation” or the like, and irrespective of the language the geographical indication is expressed in that trade mark.(10C) A trade mark shall not be refused registration by virtue of subsection (10A) if the application for its registration had been made in good faith, or if it had been used continuously in good faith in the course of trade by the applicant for its registration or his predecessor in title, either —

before the date of the application for registration of the geographical indication in question in Singapore; or

before the geographical indication in question became protected in its country of origin.”.