Singapore legislation

Clause 89

of Intellectual Property (Border Enforcement) Bill

Clause 89

Saving and transitional provisions for Part 1

(1)

Despite section 3 of this Act, section 140C of the Copyright Act as in force immediately before the date of commencement of Division 1 of Part 1 of this Act (called in this section the Phase 1 date) continues to apply to the following cases:

(a)

a case where a notice was given in accordance with section 140B of the Copyright Act before the Phase 1 date, not being a notice given pursuant to section 140LA(3)(a)(i) of that Act;

(b)

a case where copies of copyright material that were imported into Singapore and that were not goods in transit, were detained under section 140LA of the Copyright Act before the Phase 1 date.

(2)

Despite section 7(b) of this Act, section 140LA(3)(b)(iii)(A) of the Copyright Act as in force immediately before the Phase 1 date continues to apply to a case where copies of copyright material —

(a)

that were to be exported from Singapore; or

(b)

that were goods in transit and consigned to a person with a commercial or physical presence in Singapore,were detained under section 140LA of the Copyright Act before the Phase 1 date.

(3)

Subject to subsections (1) and (2), the Copyright Act as amended by Division 1 of Part 1 of this Act, applies to a case where copies of copyright material were seized or detained pursuant to section 140B or 140LA of the Copyright Act before the Phase 1 date.

(4)

The Copyright Act as amended by Division 2 of Part 1 of this Act, applies in relation to a notice —

(a)

that was given in accordance with section 140B of the Copyright Act before the date of commencement of Division 2 of Part 1 of this Act (called in this section the Phase 2 date);

(b)

pursuant to which copies of copyright material have yet to be seized before that date; and

(c)

that remained in force immediately before that date,as if it were a notice given in accordance with section 140B of the Copyright Act on or after the Phase 2 date.

(5)

For the purposes of subsection (4), a reference in a provision of Division 6 of Part V of the Copyright Act (as amended by Division 2 of Part 1 of this Act) to the requestor is a reference to the person who gave the notice mentioned in that subsection.

(6)

Despite Division 2 of Part 1 of this Act, sections 140A to 140LA of the Copyright Act as in force immediately before the Phase 2 date continue to apply to a case where copies of copyright material were seized or detained under section 140B or 140LA of the Copyright Act on or after the Phase 1 date but before the Phase 2 date.

Clause 89 — Intellectual Property (Border Enforcement) Bill