Clause 25

Despite section 140B(7), an authorised officer may —

examine any copies of copyright material to which this subsection applies, including goods in transit; or

seize any copies of copyright material to which this subsection applies —

that are imported into, or that are to be exported from, Singapore; and

that are not goods in transit, unless they are consigned to a person with a commercial or physical presence in Singapore.(2) Subsection (1) applies to copies of copyright material that the authorised officer reasonably suspects are infringing copies of the copyright material.(3) As soon as practicable after the copies of the copyright material are seized under subsection (1)(b), the Director-General must give personally, by post or (with the prior consent of the addressee) by email, a written notice to —

the importer, exporter or consignee (as the case may be) of the seized copies (called in this Subdivision the dealer); and

the owner of the copyright in the copyright material.(4) The written notice in subsection (3) must —

identify the copies seized; and

set out the rights of the dealer in section 140F (as applied by subsection (5)), and the requirements in section 140LB.(5) Section 140F applies in relation to the seized copies as it applies in relation to copies of copyright material seized under section 140B(7), with the following modifications:

replace a reference to the requestor with a reference to the owner of the copyright in the copyright material;

replace a reference to the importer or exporter with a reference to the dealer.(6) At the Director-General’s direction, seized copies must be taken to a secure place the Director-General directs by such of the following as the Director-General considers appropriate:

the person in possession, custody or control of those copies immediately before the seizure;

the owner of the copyright material (but only if the owner has satisfied section 140LB(1)(a) and (b)).Requirements for continued detention140LB.—

If the owner of the copyright in the copyright material wants the Director-General to continue to detain the seized copies of the copyright material so that the owner may institute an action for infringement of copyright in relation to them, the owner must, within the prescribed period after the date of the notice in section 140LA(3) —

give to the Director-General a written notice of this in the form determined by the Director-General, supported by such documents and information as the Director-General may require, and accompanied by the fee prescribed under section 140AB; and

either —

deposit with the Director-General a sum of money that, in the Director-General’s opinion, is sufficient for the purpose mentioned in subsection (2); or

give security to the Director-General’s satisfaction for such purpose,unless the owner had earlier given such deposit or security to the Director-General and the deposit had not been forfeited or returned or the security is still effective.(2) The purpose in subsection (1) is the reimbursement to the Government of —

any liability or reasonable expense it is likely to incur in relation to the seizure, storage and disposal of the copies; and

the payment of such compensation as the court may order under section 140LI or section 140I(7) (as applied by section 140LH).(3) If subsection (1) is not satisfied, the Director-General must release the seized copies to the dealer.(4) 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 —

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

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

that the Director-General may release seized copies of any copyright material to the dealer concerned because of non-compliance with any direction of the Director-General or any such regulation.Notice to take action140LC.—

If section 140LB(1)(a) and (b) has been satisfied by the owner of the copyright in the copyright material, the Director-General must, as soon as practicable, give to the owner and the dealer personally, by post or (with the prior consent of the addressee) by email, a written notice stating that the copies will be released to the dealer unless —

an action for infringement of copyright in relation to the copies is instituted by the owner within a prescribed period after the day specified in the notice; and

the owner gives written notice to the Director-General within the period in paragraph (a) stating that such action has been instituted.(2) Section 140E(4) to (7) applies in relation to a notice under subsection (1) as it applies in relation to a notice under section 140E(1), as if a reference to the requestor is a reference to the owner of the copyright in the copyright material.Persons bound to give information or produce documents140LD.—

At any time after copies of copyright material have been seized under section 140LA, an authorised officer or a senior authorised officer who has reasonable cause to believe that a person has any information or document that the officer considers is relevant for any of the purposes in subsection (2) may require that person to provide to the officer that information or document at a time and place specified by the officer.(2) The purposes mentioned in subsection (1) are —

to enable the Director-General to satisfy a request under section 140LE (whether or not such a request has actually been received);

to enable any action to be taken under this Subdivision or Subdivision (2) in relation to future shipments of goods; and

for a statistical or research purpose.(3) A person who —

without reasonable excuse, fails to comply with a requirement under subsection (1); or

in purported compliance with such requirement, knowingly or recklessly provides any information or document that is false or misleading in a material particular,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 6 months or to both.(4) A person is not excused from providing any information or document in compliance with a requirement under subsection (1) on the ground that it might tend to incriminate the person.(5) Where the person claims, before providing any information or document pursuant to a requirement under subsection (1), that it might tend to incriminate the person, then the information or document is not admissible in evidence against the person in criminal proceedings other than proceedings for an offence under subsection (3).(6) No information or document that is provided pursuant to a requirement under subsection (1) may be published, or communicated or disclosed to any person, except where and to the extent it is necessary for a purpose in subsection (2).(7) A person who contravenes subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both.Information on import or export140LE.—

After section 140LB(1)(a) and (b) has been satisfied by the owner of the copyright material, the Director-General may, upon the request of the owner, and if the Director-General is satisfied that the information is necessary to enable the owner to institute an infringement action, give the owner the name and contact details of any person connected with the import or proposed export (as the case may be) of the seized copies.(2) Subsection (1) applies despite any duty of confidentiality imposed by the common law on the Director-General or a person to whom the Director-General has delegated the power under that subsection.Forfeiture of seized copies by consent140LF.—

Subject to subsection (2), the dealer may, by written notice and the giving of the prescribed written undertakings to the Director-General, consent to the seized copies being forfeited to the Government.(2) The notice must be given before any action for infringement of copyright in relation to the copies is instituted.(3) If the dealer satisfies the requirements of subsection (1), the copies are forfeited to the Government and must be disposed of —

in the manner prescribed by regulations; or

if no manner of disposal is so prescribed, as the Director-General directs.Compulsory release of seized copies to dealer140LG.—

The Director-General must release the seized copies (not being copies forfeited to the Government under section 140LF) to the dealer as soon as possible after the date of expiry of the period specified in the notice under section 140LC(1) (including any extension of that period under section 140E(6) as applied by section 140LC(2)), if the owner of the copyright in the copyright material has not, before that date —

instituted an action for infringement of the copyright in respect of the copies; and

given written notice to the Director-General stating that the action has been instituted.(2) If —

an action for infringement of copyright has been instituted in respect of the seized copies; and

on the 22nd day after the day on which the action was instituted, there is not in force an order of the court preventing the release of the copies,the Director-General must release the copies to the dealer as soon as possible after the firstmentioned day.(3) If the owner of the copyright in the copyright material gives a written notice to the Director-General stating that the owner consents to the release of the seized copies, the Director-General must release the copies to the dealer as soon as possible.Provisions relating to actions for infringement of copyright140LH. Section 140I applies in relation to an action for infringement of copyright constituted by the import of the copies seized under section 140LA or the making of the copies so seized, as it applies in relation to an action for infringement of copyright constituted by the import of the copies seized under section 140B(7) or the making of the copies so seized, with the following modifications:

replace a reference to the requestor with a reference to the owner of the copyright in the copyright material;

replace a reference to the importer or exporter with a reference to the dealer.Compensation for failure to take action140LI.—

Where —

copies of copyright material have been seized under section 140LA;

the copies continue to be detained because section 140LB(1)(a) and (b) has been satisfied; and

the owner fails to take infringement action within the period specified in the notice under section 140LC(1) (including any extension of that period under section 140E(6) as applied by section 140LC(2)),a person aggrieved by the seizure may apply to the court for an order of compensation against the owner.(2) Where the court is satisfied that the applicant has suffered loss or damage as a result of the seizure of the copies, the court may order the owner to pay to the applicant compensation of such amount as the court thinks fit.Retention of control of seized copies140LJ. Despite section 140LG and any regulation made under section 140LB(4)(c), in a case in which no order has been made under section 140I(4) (as applied by section 140LH) in relation to the seized copies, the Director-General is not obliged to release or dispose of the copies if the Government is required or permitted, under any other law, to retain control of the copies.Disposal of seized copies140LK. Section 140K applies in relation to copies of copyright material seized under section 140LA, as it applies in relation to copies of copyright material seized under section 140B(7), with a reference to the importer or exporter replaced with a reference to the dealer.Insufficient security140LL.—

If the reasonable expenses incurred by the Director-General in relation to any action taken by the Director-General under this Subdivision, or taken in accordance with an order of a court under this Subdivision exceed the amount deposited, or the amount of the security given, under section 140LB, the amount of the excess is a debt due to the Government.(2) The debt created by subsection (1) is due by the owner of the copyright in the copyright material or, if there are 2 or more such owners, by the owners jointly and severally.”.