Singapore legislation

Clause 12

of Intellectual Property (Border Enforcement) Bill

Clause 12

Amendment of section 140B

Section 140B of the Copyright Act is amended —

(a)

by inserting, immediately after the word “imported” in subsection (1)(b) and (c)(ii), the words “or exported”;

(b)

by deleting paragraph (d) of subsection (1) and substituting the following paragraph:“(d)requesting the Director-General to seize the copies.”;

(c)

by deleting subsections (2) and (3) and substituting the following subsections:“(2) A notice under subsection (1) must be —

(a)

in the form determined by the Director-General, and supported by such documents and information as the Director-General may require; and

(b)

accompanied by the fee prescribed under section 140AB.(3) Subject to subsection (4), this section applies to copies of copyright material —

(a)

made wholly or partly outside Singapore the making of which was carried out without the consent of the owner of the copyright; or

(b)

made in Singapore the making of which constituted an infringement of copyright.”;

(d)

by deleting the words “the end of the period of 60 days commencing on” in subsection (5)(a) and substituting the words “the 59th day after”;

(e)

by inserting, immediately after the word “material” in subsection (7)(a), the words “that complies with subsection (2)”;

(f)

by deleting paragraph (c) of subsection (7) and substituting the following paragraph:“(c)a person imports or proposes to export copies of the copyright material to which this section applies,”;

(g)

by deleting subsection (8) and substituting the following subsection:“(8) The Minister may make regulations that are necessary or convenient to be prescribed for carrying out or giving effect to this Subdivision, and in particular to provide —

(a)

for the times at which, and the manner in which, notices are to be given;

(b)

for the giving of information and evidence to the Director-General; and

(c)

that an authorised officer may refuse to seize copies of any copyright material because of non-compliance with any direction of the Director-General or any such regulation.”; and

(h)

by inserting, immediately after the word “importation” in the section heading, the words “or exportation”.

Clause 12 — Intellectual Property (Border Enforcement) Bill