Singapore legislation
Clause 90
Clause 90
Saving and transitional provisions for Part 4
(1)
Despite section 56 of this Act, section 83 of the Trade Marks Act as in force immediately before the date of commencement of Division 1 of Part 4 of this Act (called in this section the Phase 1 date) continues to apply to the following cases:
a case where a notice was given in accordance with section 82 of the Trade Marks Act before the Phase 1 date, not being a notice given pursuant to section 93A(3)(a)(i) of that Act;
a case where goods that were imported into Singapore and that were not goods in transit, were detained under section 93A of the Trade Marks Act before the Phase 1 date.
(2)
Despite section 60(b) of this Act, section 93A(3)(b)(iii)(A) of the Trade Marks Act as in force immediately before the Phase 1 date continues to apply to a case where goods —
that were to be exported from Singapore; or
that were goods in transit and consigned to a person with a commercial or physical presence in Singapore,were detained under section 93A of the Trade Marks Act before the Phase 1 date.
(3)
Subject to subsections (1) and (2), the Trade Marks Act as amended by Division 1 of Part 4 of this Act, applies to a case where goods were seized or detained pursuant to section 82 or 93A of the Trade Marks Act before the Phase 1 date.
(4)
The Trade Marks Act as amended by Division 2 of Part 4 of this Act, applies in relation to a notice —
that was given in accordance with section 82 of the Trade Marks Act before the date of commencement of Division 2 of Part 4 of this Act (called in this section the Phase 2 date);
pursuant to which goods have yet to be seized before that date; and
that remained in force immediately before that date,as if it were a notice given in accordance with section 82 of the Trade Marks Act on or after the Phase 2 date.
(5)
For the purposes of subsection (4), a reference in a provision of Part X of the Trade Marks Act (as amended by Division 2 of Part 4 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 4 of this Act, sections 81 to 93A of the Trade Marks Act as in force immediately before the Phase 2 date continue to apply to a case where goods were seized or detained under section 82 or 93A of the Trade Marks Act on or after the Phase 1 date but before the Phase 2 date.
(7)
Despite section 86 of this Act, section 100 of the Trade Marks Act as in force immediately before the Phase 2 date continues to apply to an act done or omitted to be done before the Phase 2 date.