Clause 78

Despite section 82(4), an authorised officer may —

examine any goods to which this subsection applies, including goods in transit; or

seize any goods 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 goods that the authorised officer reasonably suspects are counterfeit goods in relation to a registered trade mark.(3) As soon as practicable after the goods 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 goods (called in this Division the dealer); and

the proprietor of the registered trade mark.(4) The written notice in subsection (3) must —

identify the goods seized; and

set out the rights of the dealer in section 86 (as applied by subsection (5)), and the requirements in section 93B.(5) Section 86 (which provides for the inspection of seized goods) applies in relation to the seized goods as it applies in relation to goods seized under section 82(4), with the following modifications:

replace a reference to the requestor with a reference to the proprietor of the registered trade mark;

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;

the proprietor of the registered trade mark (but only if the proprietor has satisfied section 93B(1)(a) and (b)).Requirements for continued detention93B.—

If the proprietor of the registered trade mark wants the Director-General to continue to detain the seized goods so that the proprietor may institute an infringement action in relation to them, the proprietor must, within the prescribed period after the date of the notice in section 93A(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 81B; 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 proprietor 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 93I or section 90(6) (as applied by section 93H).(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 action93C.—

If section 93B(1)(a) and (b) has been satisfied by the proprietor of the registered trade mark, the Director-General must, as soon as practicable, give to the proprietor and the dealer personally, by post or (with the prior consent of the addressee) by email, a written notice that states that the goods will be released to the dealer unless —

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

the proprietor gives written notice to the Director-General within that period stating that such action has been instituted.(2) Section 85(4) to (7) applies in relation to a notice under subsection (1) as it applies in relation to a notice under section 85(1), as if a reference to the requestor is a reference to the proprietor of the registered trade mark.Persons bound to give information or produce documents93D.—

At any time after goods have been seized under section 93A, 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 93E (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 export93E.—

After section 93B(1)(a) and (b) has been satisfied by the proprietor of the registered trade mark, the Director-General may, upon the request of the proprietor, and if the Director-General is satisfied that the information is necessary to enable the proprietor to institute an infringement action, give the proprietor 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.Forfeiture of seized goods by consent93F.—

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 goods being forfeited to the Government.(2) The notice must be given before any infringement action in relation to the goods is instituted.(3) If the dealer satisfies the requirements of subsection (1), the goods are forfeited to the Government and must be disposed of —

in the manner prescribed by rules made under this Act; or

if no manner of disposal is so prescribed, as the Director-General directs.Compulsory release of seized goods to dealer93G.—

The Director-General must release the seized goods (not being goods forfeited to the Government under section 93F) to the dealer as soon as possible after the date of expiry of the period specified in the notice under section 93C(1) (including any extension of that period under section 85(6) as applied by section 93C(2)), if the proprietor of the registered trade mark 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 proprietor of the registered trade mark gives a written notice to the Director-General stating that the proprietor 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 action93H. Section 90 applies in relation to an infringement action concerning goods seized under section 93A, as it applies in relation to an infringement action concerning goods seized under section 82(4), with the following modifications:

replace a reference to the requestor with a reference to the proprietor of the registered trade mark;

replace a reference to the importer or exporter with a reference to the dealer.Compensation for failure to take action93I.—

Where —

goods have been seized under section 93A;

the goods continue to be detained because section 93B(1) has been satisfied; and

the proprietor fails to take infringement action within the period specified in section 93C(1) (including any extension of that period under section 85(6) as applied by section 93C(2)),a person aggrieved by the seizure may apply to the Court for an order of compensation against the proprietor.(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 proprietor to pay to the applicant compensation of such amount as the Court thinks fit.Retention of control of seized goods93J. Despite section 93G and any rule made under section 93B(4)(c), in a case in which no order has been made under section 90(3) (as applied by section 93H) 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 goods93K. Section 92 applies in relation to goods seized under section 93A, as it applies in relation to goods seized under section 82(4), with a reference to the importer or exporter replaced with a reference to the dealer.Insufficient security93L.—

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 93B, the amount of the excess is a debt due to the Government.(2) The debt created by subsection (1) is due by the proprietor or, if there are 2 or more proprietors, by the proprietors jointly and severally.”.