Clause 47

Despite section 56(4), an authorised officer may seize or examine any goods that are —

imported into Singapore; or

to be exported from Singapore,and that are not goods in transit, which the officer reasonably suspects are suspected infringing goods in relation to a registered geographical indication.(2) As soon as practicable after the goods are seized under subsection (1), the Director-General must give personally, by post or (with the prior consent of the addressee) by email, a written notice to —

the importer or exporter of the seized goods (called in this Division the dealer); and

the registrant of the registered geographical indication.(3) The written notice in subsection (2) must —

identify the goods seized; and

set out the rights of the dealer in section 60 (as applied by subsection (5)), and the requirements in section 67A.(4) The Director-General may permit an interested party of the registered geographical indication, or the dealer, to inspect the seized goods.(5) Section 60(2) to (5) applies in relation to the seized goods as it applies in relation to goods seized under section 56(4), with the following modifications:

replace a reference to the requestor with a reference to an interested party of the registered geographical indication;

replace a reference to the importer or exporter with a reference to the dealer.(6) At the Director-General’s direction, seized goods 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 goods immediately before the seizure;

an interested party of the registered geographical indication who has satisfied section 67A(1)(a) and (b).Requirements for continued detention67A.—

If any interested party of the registered geographical indication (called in this Division the relevant interested party) wants the Director-General to continue to detain the seized goods so that the relevant interested party may institute an infringement action in relation to them, the relevant interested party must, within the prescribed period after the date of the notice in section 67(2) —

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 55B; 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 relevant interested party 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 goods; and

the payment of such compensation as the Court may order under section 67G or section 63(6) (as applied by section 67F).(3) If subsection (1) is not satisfied, the Director-General must release the seized goods to the dealer.(4) The Minister may make rules that are necessary or convenient to be prescribed for carrying out or giving effect to this Division, 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 any seized goods to the dealer concerned because of non-compliance with any direction of the Director-General or any such rule.Notice to take action67B.—

If section 67A(1)(a) and (b) has been satisfied by the relevant interested party, the Director-General must, as soon as practicable, give to the relevant interested party and the dealer personally, by post or (with the prior consent of the addressee) by email, a written notice stating that the goods will be released to the dealer unless —

an infringement action in relation to the goods is instituted by the relevant interested party within a prescribed period after the day specified in the notice; and

the relevant interested party gives written notice to the Director-General within the period in paragraph (a) stating that such action has been instituted.(2) Section 59(4) to (7) applies in relation to a notice under subsection (1) as it applies in relation to a notice under section 59(1), as if a reference to the requestor is a reference to the relevant interested party.Persons bound to give information or produce documents67C.—

At any time after goods have been seized under section 67, 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 67D (whether or not such a request has actually been received);

to enable any action to be taken under this Division or Division 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 export67D.—

After section 67A(1)(a) and (b) has been satisfied by the relevant interested party, the Director-General may, upon the request of the relevant interested party, and if the Director-General is satisfied that the information is necessary to enable the relevant interested party to institute an infringement action, give the relevant interested party the name and contact details of any person connected with the import or proposed export (as the case may be) of the seized goods.(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.Compulsory release of seized goods to dealer67E.—

The Director-General must release the seized goods to the dealer as soon as possible after the date of expiry of the period specified in the notice under section 67B(1) (including any extension of that period under section 59(6) as applied by section 67B(2)), if the relevant interested party has not, before that date —

instituted an infringement action in respect of the goods; and

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

an infringement action has been instituted in respect of the seized goods; 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 goods,the Director-General must release the goods to the dealer as soon as possible after the firstmentioned day.(3) If the relevant interested party gives a written notice to the Director-General stating that the relevant interested party consents to the release of the seized goods, the Director-General must release the goods to the dealer as soon as possible.Provisions relating to infringement action67F. Section 63 applies in relation to an infringement action concerning goods seized under section 67, as it applies in relation to an infringement action concerning goods seized under section 56(4), with the following modifications:

replace a reference to the requestor with a reference to the relevant interested party;

replace a reference to the importer or exporter with a reference to the dealer.Compensation for failure to take action67G.—

Where —

goods have been seized under section 67;

the goods continue to be detained because section 67A(1)(a) and (b) has been satisfied; and

the relevant interested party fails to take infringement action within the period specified in the notice under section 67B(1) (including any extension of that period under section 59(6) as applied by section 67B(2)),a person aggrieved by the seizure may apply to the Court for an order of compensation against the relevant interested party.(2) Where the Court is satisfied that the applicant has suffered loss or damage as a result of the seizure of the goods, the Court may order the relevant interested party to pay to the applicant compensation of such amount as the Court thinks fit.Retention of control of seized goods67H. Despite section 67E and any rule made under section 67A(4)(c), in a case in which no order has been made under section 63(3) (as applied by section 67F) in relation to the seized goods, the Director-General is not obliged to release or dispose of the goods if the Government is required or permitted, under any other law, to retain control of the goods.Disposal of seized goods67I. Section 65 applies in relation to goods seized under section 67, as it applies in relation to goods seized under section 56(4), with a reference to the importer or exporter replaced with a reference to the dealer.Insufficient security67J.—

If the reasonable expenses incurred by the Director-General in relation to any action taken by the Director-General under this Division, or taken in accordance with an order of the Court under this Division, exceed the amount deposited, or the amount of the security given, under section 67A, the amount of the excess is a debt due to the Government.(2) The debt created by subsection (1) is due by the relevant interested party or, if there are 2 or more relevant interested parties, by them jointly and severally.”.