Geographical Indications Act 2014

This Act is the Geographical Indications Act 2014.

Part 6 comes into operation on such date as the Minister may, by notification in the Gazette, appoint.

In this Act, unless the context otherwise requires —

“Court” means the General Division of the High Court;

“earlier geographical indication”, in relation to an application for registration of a geographical indication made under section 39 (called in this definition the application in question), means a geographical indication —

“geographical indication” means any indication used in trade to identify goods as originating from a place, provided that —

“goods” means any natural or agricultural product or any product of handicraft or industry;

“homonymous geographical indication” means a geographical indication that, in part or in whole, has the same spelling as, or sounds the same as, a geographical indication for any goods having a different geographical origin;

“interested party”, in relation to goods identified by a geographical indication, means a producer of the goods, a trader of the goods, or an association of such producers or traders or of such producers and traders;

“international trade mark (Singapore)” has the meaning given by the Trade Marks Act 1998;

“Office” means the Intellectual Property Office of Singapore established under the Intellectual Property Office of Singapore Act 2001;

“Paris Convention” means the Convention for the Protection of Industrial Property signed at Paris on 20 March 1883, and any revision or amendment thereto which has come into force and has been accepted by the Government;

“place”, in relation to a geographical indication, means a country or territory and includes a region or locality in a country or territory;

“producer” means —

“proprietor” means —

“qualifying country” means any country or territory which is —

“register” means —

“registered geographical indication” means a geographical indication that is registered under section 48;

“registered trade mark” means a trade mark registered under the Trade Marks Act 1998;

“registrant”, in relation to a registered geographical indication, means the person in whose name the geographical indication is registered;

“Registrar” means the Registrar of Geographical Indications appointed under section 17 and includes any Deputy Registrar or Assistant Registrar of Geographical Indications appointed under that section;

“Registry” means the Registry of Geographical Indications established under section 19;

“repealed Act” means the Geographical Indications Act (Cap. 117B, 1999 Revised Edition) repealed by this Act;

“trade mark” has the meaning given by the Trade Marks Act 1998;

“trader”, in relation to goods, means any person —

“use” means use as part of, or in connection with —

“variant”, in relation to a geographical indication, means a variant of the indication constituting the geographical indication, and includes any translation, transliteration or other variation of the indication;

“well known trade mark” has the meaning given by the Trade Marks Act 1998.

There may be 2 or more variants constituting the same geographical indication.

A geographical indication, and each variant constituting the geographical indication (if any), may contain 2 or more words.

Unless expressly provided otherwise in subsection (2) or elsewhere in this Act, this Act applies to all geographical indications, whether or not registered under section 48.

Sections 4(6) to (9), 75, 76 and 79, Division 2 of Part 3, Division 2 of Part 5, and Part 6 only apply to registered geographical indications.

Subject to the provisions of this Act, an interested party of goods identified by a geographical indication may bring an action against a person for carrying out an act to which this section applies in relation to the geographical indication.

This section applies to the following acts:

Any use of a geographical indication within the meaning of subsection (2) is deemed to be an act to which this section applies, even if the geographical indication is literally true as to the geographical origin of the goods in question, provided that such use falsely represents to the public that the goods originate in another place.

In subsection (2), “use of a geographical indication” includes the use of a trade mark which contains or consists of the geographical indication in question.

Subsection (2)(c) and (d) does not apply to the use of a geographical indication to identify an ingredient of a wine and an ingredient of a spirit, respectively, if the geographical indication is literally true as to the geographical origin of the ingredient in question, provided that such use does not falsely represent to the public that the wine or spirit (as the case may be) originates in the place indicated by the geographical indication.

This section applies to any use of a registered geographical indication which identifies any agricultural product or foodstuff (other than a wine or a spirit) belonging to a category of goods listed in the Schedule, in relation to any goods which are of the same category as that agricultural product or foodstuff, but which did not originate in the place indicated by the registered geographical indication, whether or not —

Any use of a registered geographical indication within the meaning of subsection (6) is deemed to be an act to which this section applies, even if the geographical indication is literally true as to the geographical origin of the goods in question, provided that such use falsely represents to the public that the goods originate in another place.

In subsection (6) —

“foodstuff” means any natural or agricultural product that is meant for human consumption;

“use of a registered geographical indication” includes the use of a trade mark which contains or consists of the geographical indication in question.

Subsection (6) does not apply to the use of a registered geographical indication to identify an ingredient of any goods, if the geographical indication is literally true as to the geographical origin of the ingredient in question, provided that such use does not falsely represent to the public that the goods originate in the place indicated by the geographical indication.

In any action brought under section 4 in relation to a geographical indication, the Court may, in addition to any relief granted under section 5, order any of the following in the possession of the defendant to the action or before the Court to be delivered up to the plaintiff:

An order is not to be made under this section unless the Court also makes, or it appears to the Court that there are grounds for making, an order under section 7.

A person to whom any goods, material or articles are delivered up pursuant to an order under this section must, if an order under section 7 is not made, retain them pending the making of an order under that section, or until the decision not to make such order.

Where any goods, material or articles have been delivered up pursuant to an order under section 6, an application may be made to the Court —

In considering what order (if any) should be made, the Court is to have regard to —

The Court is to issue directions as to the service of notice on persons having an interest in the goods, material or articles.

Any person having an interest in the goods, material or articles is entitled —

An order made under this section does not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal.

Where there is more than one person interested in the goods, material or articles, the Court may direct that the goods, material or articles be sold, or otherwise dealt with, and the proceeds divided, and make any other order as it thinks just.

If the Court decides that no order should be made under this section, the person in whose possession, custody or control the goods, material or articles were before being delivered up, is entitled to their return.

Where a person threatens another with proceedings for an action for carrying out an act to which section 4 applies, other than —

The relief which may be applied for is any of the following:

A plaintiff to an action under this section is entitled to the relief referred to in subsection (2) unless the defendant shows that the act in respect of which proceedings were threatened constitutes (or if done would constitute) an act to which section 4 applies.

If the defendant to an action under this section shows that the act in respect of which proceedings were threatened constitutes (or if done would constitute) an act to which section 4 applies, the plaintiff is nevertheless entitled to relief if the plaintiff shows that an exception under this Act applies to the act concerned.

The mere notification that a geographical indication is registered, or that an application for registration has been made, does not constitute a threat of proceedings for the purposes of this section.

Nothing in this section renders an advocate and solicitor liable to an action under this section in respect of an act done by the advocate and solicitor in his or her professional capacity on behalf of a client.

Any interested party of any prescribed goods identified by homonymous geographical indications may take action under section 4 against the carrying out of an act to which that section applies.

Any interested party of any prescribed goods identified by homonymous geographical indications may, where no practical conditions in respect of the homonymous geographical indications have been imposed by the Registrar under section 42(2), apply to the Court for a declaration of the practical conditions under which the homonymous geographical indications are to be differentiated from one another.

The Court in making a declaration under subsection (2), is to take into account —

Section 4 does not apply to the use by a qualified person of a geographical indication (being a geographical indication identifying a wine or a spirit) in relation to any goods or services if the qualified person has, or the qualified person and the qualified person’s predecessor in title have, continuously used in Singapore that geographical indication in relation to those goods or services or related goods or services either —

Section 4 does not apply to the use by a person of a trade mark which is identical or similar to a geographical indication if —

In subsection (1), “qualified person” means —

No action under section 4 against a person for the use of a trade mark which contains or consists of a geographical indication may be brought after the expiry of 5 years beginning immediately after the earlier of the following dates:

Subsection (1) does not apply where the trade mark was used, or registered, in bad faith.

Section 4 does not apply to the use by a qualified person of a registered geographical indication (being a geographical indication identifying any goods other than a wine or a spirit) in relation to any goods or services if the qualified person has, or the qualified person and the qualified person’s predecessor in title have, continuously used in Singapore that geographical indication in relation to those goods or services or related goods or services either —

Section 4 does not apply to the use by a person of a trade mark which is identical or similar to a registered geographical indication if —

Section 4 does not apply to the use by a person of a trade mark which is identical or similar to a registered geographical indication if —

In subsection (1), “qualified person” means —

There is to be a Registrar of Geographical Indications who has the control of the Registry of Geographical Indications.

There are to be one or more Deputy Registrars of Geographical Indications who, subject to the control of the Registrar, have all the powers and functions of the Registrar under this Act, other than the powers of the Registrar under section 18.

There are to be one or more Assistant Registrars of Geographical Indications.

The Registrar and all the other officers under this section must be appointed by the Minister.

The Registrar may, in relation to a particular matter or class of matters, by writing under the hand of the Registrar, delegate all or any of the Registrar’s powers or functions under this Act (except this power of delegation) to an Assistant Registrar of Geographical Indications, any public officer, or any person with the relevant qualifications for or experience in the matter or class of matters, so that the delegated powers and functions may be exercised by the delegate with respect to the matter or class of matters specified in the instrument of delegation.

A delegation under this section is revocable at will and no delegation prevents the exercise of a power or function by the Registrar or by a Deputy Registrar of Geographical Indications.

A person with the relevant qualifications or experience mentioned in subsection (1) is, when exercising the delegated powers and functions, deemed to be a public servant for the purposes of the Penal Code 1871.

The Registrar must maintain a register of geographical indications.

All of the following are to be entered in the register in accordance with this Act:

The register may be kept in whole or in part using a computer.

Any record of a particular or other matter made by using a computer for the purpose of keeping the register is taken to be an entry in the register.

Any person having a sufficient interest may apply for the rectification of an error or omission in the register.

An application for rectification may not be made in respect of a matter affecting the validity of the registration of a geographical indication.

An application for rectification may be made either to the Registrar or to the Court, except that —

The Registrar or the Court may allow an application for rectification if satisfied that an error or omission exists in the register, and that the rectification should be made.

Except where the Registrar or the Court directs otherwise, the effect of rectification of the register is that the error or omission in question is deemed never to have been made.

The Registrar may, on request made in the prescribed manner by the registrant of a registered geographical indication, enter any change in the registrant’s name or address as recorded in the register.

The Registrar may remove from the register any matter appearing to the Registrar to have ceased to have effect.

The register must be available at the Registry for inspection by any person during the hours when the Registry is open for business.

If the register, or any part of the register, is kept by using a computer, subsection (1) is satisfied if a person who wants to inspect the register or that part of the register is given access to a computer terminal from which the person can read on a screen, or obtain a printed copy of, the particulars or other matters recorded in the register or that part of the register.

Any person who applies for a certified copy of an entry in the register or a certified extract from the register is entitled to obtain such a copy or an extract on payment of the prescribed fee.

In this section, “certified copy” and “certified extract” mean a copy and an extract certified by the Registrar.

Any person who —

For the purposes of this section, the use in Singapore, in relation to a geographical indication, of —

The Registrar may award costs in respect of the matters, and in the amounts provided for in rules made under this Act, against any party to proceedings brought before the Registrar.

The rules may provide for the taxation of the costs, or any part of the costs, by the Registrar.

A party desirous to obtain costs or to have the costs taxed must apply to the Registrar in accordance with the rules.

If a party is ordered to pay the costs of another party, the costs may be recovered in a court of competent jurisdiction as a debt due by the first party to the other party.

A person who has been summoned to appear as a witness before the Registrar must not, without lawful excuse, fail to appear in obedience to the summons.

A person who has been required by the Registrar to produce any document or article must not, without lawful excuse, fail to produce the document or article.

Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.

A person who appears before the Registrar must not, without lawful excuse, refuse to be sworn or to make an affirmation, or to produce documents or articles, or to answer questions, which the person is lawfully required to produce or answer.

Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.

The Office and the Registrar are not to be taken to warrant the validity of the registration of a geographical indication under this Act or under any treaty, convention, arrangement or engagement to which Singapore is a party.

Neither the Office nor the Registrar is subject to any liability by reason of, or in connection with, any examination required or authorised by this Act, or any such treaty, convention, arrangement or engagement, or any report or other proceedings consequent on such examination.

No proceedings shall lie against an officer of the Office or the Registrar in respect of any matter for which, by virtue of this section, the Office or the Registrar is not liable.

Except as provided under subsection (2) or by rules made under this Act, there is no appeal from a decision of the Registrar for any matter under this Act or the rules made under this Act.

The following are subject to appeal to the Court:

An appeal does not lie to the appellate court from a decision of the Court on appeal from a decision of the Registrar for any matter under this Act or the rules made under this Act unless leave to appeal is given by the appellate court.

In this section, “appellate court” means the court to which an appeal under subsection (3) is to be made under section 29C of the Supreme Court of Judicature Act 1969.

There must be paid in respect of applications and registration and other matters under this Act such fees as may be prescribed.

The Minister may make rules as to the remission of fees in the prescribed circumstances.

All fees collected must be paid into the funds of the Office.

The Registrar may issue practice directions to specify —

The Minister may prescribe the effect of doing any business under this Act —

For the purposes of subsections (1) and (2) —

In this section, “excluded day”, in relation to any specific class of business, means any day on which the Registry is taken to be closed for the purposes of the transaction by the public of that class of business.

An application for registration of a geographical indication must be made to the Registrar in the prescribed manner and must specify —

If a person desires to register any variant constituting a geographical indication and the geographical indication is the subject of an application for registration, the person may include that variant either in that application, or in a different application for registration.

The application is subject to the payment of the application fee and such other fees as may be appropriate.

The Registrar must not accept an application unless —

An application for registration of a geographical indication may only be sought in respect of goods falling within one or more of the categories of goods set out in the Schedule.

The Registrar is to determine whether or not any specific goods fall within a category of goods set out in the Schedule.

The Minister may, by notification published in the Gazette, amend the Schedule.

The following must not be registered:

For the purposes of subsection (1)(e), any marketing material in Singapore which uses a geographical indication is relevant evidence that the geographical indication is not the common name of any goods in Singapore, if the marketing material suggests (for example, by using words or pictures) in a misleading manner that the goods to which the marketing material relate originate in the geographical origin of the geographical indication, when those goods originate elsewhere.

Subject to section 42, a geographical indication must not be registered if there exists a likelihood of confusion on the part of the public because the geographical indication is identical with or similar to, and has the same geographical origin as, an earlier geographical indication.

Subject to subsection (7), a geographical indication must not be registered if there exists a likelihood of confusion on the part of the public because —

The conditions referred to in subsection (4)(b) are as follows:

Subject to subsection (7), a geographical indication that is identical with or similar to a trade mark must not be registered if —

The Registrar may, in the Registrar’s discretion, register any geographical indication referred to in subsection (4) or (6), if the proprietor of the trade mark referred to in subsection (4) or (6), as the case may be —

To avoid doubt —

In this section, “marketing material” includes material used for labelling or packaging goods, or for advertising goods.

The Registrar may register a geographical indication that is a homonymous geographical indication in relation to an earlier geographical indication.

For the purposes of subsection (1), the Registrar may register the homonymous geographical indication with practical conditions differentiating the homonymous geographical indication from the earlier geographical indication.

In determining the practical conditions to be imposed under subsection (2), the Registrar must take into account —

The Minister may make rules to provide for proceedings for the purposes of subsection (3)(c) and for matters relating thereto.

Where the Registrar decides to impose practical conditions under subsection (2), the Registrar must impose practical conditions on all the homonymous geographical indications in question.

The Registrar must examine whether an application for registration of a geographical indication satisfies the requirements of this Act (including any requirements imposed by rules made under this Act).

For the purpose of subsection (1), the Registrar may carry out a search, to such extent as the Registrar considers necessary, of earlier trade marks and earlier geographical indications.

If it appears to the Registrar that the requirements for registration are not met or that additional information or evidence is required to meet those requirements, the Registrar must inform the applicant and give the applicant an opportunity, within such period as may be prescribed, to make representations, to amend the application or to furnish the additional or any other information or evidence.

If the applicant responds within the period referred to in subsection (3) but fails to satisfy the Registrar that those requirements are met, or to amend the application or furnish the additional information or evidence so as to meet them, the Registrar may refuse to accept the application.

If the applicant fails to respond within the period referred to in subsection (3), the application is to be treated as abandoned.

If it appears to the Registrar that the requirements for registration are met, the Registrar must accept the application.

In this section, “earlier trade mark” means —

The Registrar may appoint one or more technical advisors to provide an opinion to the Registrar with regard to any matter before the Registrar, and to the performance of any of the Registrar’s functions under this Act.

The Registrar is not bound to accept any opinion provided by a technical advisor appointed under subsection (1).

When an application for registration of a geographical indication has been accepted, the Registrar must cause the application to be published in the prescribed manner.

Any person may, within the prescribed time after the date of the publication of the application, give notice to the Registrar of the person’s opposition to the registration.

The notice must be given in writing in the prescribed manner, and must include a statement of the grounds of opposition and such other matter as may be prescribed.

The Minister may make rules to provide for opposition proceedings and for matters relating thereto.

Subject to subsection (4), any person may, at any time after the date of the publication of an application for registration of a geographical indication under section 45 but before the registration of the geographical indication under section 48, request that a qualification, of any of the rights conferred under this Act in respect of a registered geographical indication, be entered in the register —

The request under subsection (1) may only be made on either or both of the following grounds:

The request must be made to the Registrar in writing in the prescribed manner, and must include a statement of the grounds for the request and such other matter as may be prescribed.

A request under subsection (1) may not be made if the request —

The Minister may make rules to provide for proceedings for the purposes of this section and for matters relating thereto.

Subject to subsection (7), the Registrar must, if satisfied that either or both of the grounds referred to in subsection (2) is made out, cause to be entered in the register a qualification of the rights conferred under this Act in relation to such of the following as may be applicable:

Where any proceedings for the purposes of this section are concluded before the registration of the geographical indication under section 48, a qualification may only be entered in the register upon the registration of the geographical indication in question.

Where a registered geographical indication is subject to a qualification under subsection (6), the rights of an interested party in respect of the geographical indication are restricted accordingly.

The Minister may make rules as to the publication and entry in the register of a qualification under subsection (6).

The applicant may at any time withdraw the applicant’s application for registration of a geographical indication.

An application for registration of a geographical indication may be amended, at the request of the applicant, only by correcting —

The Minister may make rules for the publication of any amendment which affects the geographical indication, or the goods covered by the application for registration of the geographical indication, and for the making of objections by any person claiming to be affected by it.

Where an application for registration of a geographical indication, or of 2 or more variants constituting the same geographical indication, has been accepted and —

The date of registration is the date on which the Registrar registers the geographical indication under subsection (1).

On the registration of a geographical indication, the Registrar must issue to the applicant a certificate of registration.

Where a request for the qualification of the rights conferred in respect of a registered geographical indication was made before the date of registration of the geographical indication, and the request is still pending at the date of such registration, no interested party may, pending the determination of the request, bring an action under section 4 against the person who made the request for carrying out an act, in relation to the geographical indication, that is the subject of the request.

Subject to subsection (4), any person may, at any time after the registration of a geographical indication under section 48, apply to the Court for an order that a limitation of the scope of any of the rights conferred under this Act in respect of a registered geographical indication be entered in the register —

The application under subsection (1) may only be made on either or both of the following grounds:

The application must be made to the Court in the prescribed manner, and must include a statement of the grounds for the application and any other matter that may be prescribed.

An application under subsection (1) may not be made if the application —

The Court, if satisfied that either or both of the grounds mentioned in subsection (2) is made out, must order the Registrar to cause to be entered in the register a limitation of the scope of the rights conferred under this Act in relation to any of the following that is applicable:

Where a registered geographical indication is subject to a limitation of the scope of rights under subsection (5), the rights of an interested party in respect of the geographical indication are restricted accordingly.

The Minister may make rules as to the entry in the register of a limitation of the scope of rights under subsection (5).

Despite section 48(1), if, before a geographical indication is registered, the Registrar is satisfied —

If the Registrar revokes the acceptance —

A geographical indication is to be registered for a period of 10 years from the date of registration.

The registration of a geographical indication may be renewed in accordance with section 51 for further periods of 10 years in respect of each renewal.

Any person may apply for a renewal of the registration of a geographical indication in the prescribed manner and by paying the prescribed fee.

The Minister may make rules for the Registrar to inform the registrant of a registered geographical indication, before the expiry of the registration, of the date of expiry and the manner in which the registration may be renewed.

An application for renewal must be filed not later than 6 months after the date of expiry of the registration.

A renewal of the registration of a geographical indication takes effect from the expiry of the previous registration.

If the registration is not renewed in accordance with this section and the rules referred to in subsection (2), the Registrar must remove the geographical indication from the register.

The registration of a geographical indication may be cancelled —

The grounds for the cancellation of the registration of a geographical indication referred to in subsection (1)(b) are as follows:

An application for the cancellation of the registration of a geographical indication under subsection (1)(b) may be made either to the Registrar or to the Court, except that —

The Minister may make rules —

Where the registration of a geographical indication is cancelled under subsection (1)(a), the rights conferred by the registration on any interested party of goods identified by the geographical indication cease to exist with effect from the date of the cancellation of the registration.

Where the registration of a geographical indication is cancelled on a ground referred to in subsection (2)(a) or (b), the geographical indication is deemed never to have been registered.

Where the registration of a geographical indication is cancelled on a ground referred to in subsection (2)(c), (d) or (e), the rights conferred by the registration on any interested party of goods identified by the geographical indication cease to exist with effect from —

A cancellation of the registration of a geographical indication under this section does not affect any rights in respect of the geographical indication that are not conferred by the registration.

To avoid doubt —

A registrant may apply to the Registrar for the registration of a registered geographical indication to be transferred to another person.

The registration must not be transferred to another person unless that person —

“aircraft” has the same meaning as in section 2 of the Regulation of Imports and Exports Act 1995;

“authorised officer” means —

“conveyance” has the same meaning as in section 2 of the Regulation of Imports and Exports Act 1995;

“detained goods” means goods detained under section 56 or 67;

“Director-General” means the Director‑General of Customs appointed under section 4(1) of the Customs Act 1960;

“goods in transit” means goods imported, whether or not landed or transhipped within Singapore, which are to be carried to another country either by the same or another conveyance;

“infringement action” means an action under section 4 concerning the importation or exportation of detained goods;

“requestor” means a person who gives a written notice under section 56(1) to the Director‑General;

“retention period”, in relation to detained goods, means —

“senior authorised officer” means —

“suspected infringing goods” means goods which, or the packaging of which, bear a term identical with a registered geographical indication, but which do not originate from the place indicated by that registered geographical indication;

“vehicle” has the same meaning as in section 2 of the Regulation of Imports and Exports Act 1995;

“vessel” has the same meaning as in section 2 of the Regulation of Imports and Exports Act 1995.

An interested party of goods identified by a registered geographical indication may give the Director‑General a written notice —

A notice given under subsection (1) must be supported by such documents and information, and accompanied by such fee, as may be prescribed by rules made under this Act.

A notice under subsection (1) shall remain in force until the end of the period of 60 days commencing on the day on which the notice was given, unless it is revoked, before the end of that period, by a written notice given to the Director‑General by the requestor.

If —

The Minister may make rules to provide for —

As soon as is practicable after goods are detained under section 56, the Director‑General must give to the importer or exporter (as the case may be), and the requestor, either personally or by post, a written notice identifying the goods and stating that they have been detained.

A notice under subsection (1) must state that the goods will be released to the importer or exporter (as the case may be) unless —

The period to be specified for the purposes of subsection (2)(a) is the period prescribed for the purposes of that provision.

The day specified for the purposes of subsection (2)(a) may not be earlier than the day on which the notice is given.

The requestor may, by written notice given to the Director‑General before the end of the period specified in a notice for the purposes of subsection (2)(a) (the initial period), request that the period be extended.

Subject to subsection (7), if —

A decision on a request made in accordance with subsection (5) must be made within 2 working days after the request is made, but such a decision cannot be made after the end of the initial period to which the request relates.

The Director‑General may permit the requestor, or the importer or exporter (as the case may be), to inspect the detained goods.

If the requestor gives the Director‑General the requisite undertakings, the Director‑General may permit the requestor to remove a sample of the detained goods from the custody of the Director‑General for inspection by the requestor.

If the importer or exporter (as the case may be) gives the Director‑General the requisite undertakings, the Director‑General may permit the importer or exporter (as the case may be) to remove a sample of the detained goods from the custody of the Director‑General for inspection by the importer or exporter (as the case may be).

The requisite undertakings are undertakings in writing that the person giving the undertaking will —

If the Director‑General permits inspection of the detained goods, or the removal of a sample, by the requestor in accordance with this section, the Director‑General is not liable to the importer or exporter (as the case may be) for any loss or damage suffered by the importer or exporter (as the case may be) arising out of —

The Director‑General must release the detained goods to the importer or exporter (as the case may be) on the expiration of the retention period for the goods if the requestor has not, before the expiration of that period —

If —

If the requestor gives written notice to the Director‑General stating that the requestor consents to the release of the detained goods, the Director‑General must release the goods to the importer or exporter (as the case may be).

This section has effect subject to section 64.

Where goods have been detained pursuant to a notice given under section 56(1) and the requestor concerned fails to take infringement action within the retention period for the goods, a person aggrieved by such detention may apply to the Court for an order of compensation against the requestor.

Where the Court is satisfied that the plaintiff to an action under this section had suffered loss or damage as a result of the detention of the goods, the Court may order the requestor to pay compensation in such amount as the Court thinks fit to the plaintiff.

The Court in which an infringement action is pending may, on the application of a person having a sufficient interest in the subject matter of the action, allow the person to be joined as a defendant to the action.

An authorised officer is entitled to be heard on the hearing of an infringement action.

In addition to any relief that may be granted apart from this section, the Court may —

A Court may not make an order under subsection (3)(a) if it is satisfied that the Government or any statutory authority is required or permitted under any other law to retain control of the detained goods.

The Director‑General must comply with an order made under subsection (3).

If —

If the reasonable expenses incurred by the Director‑General in relation to any action taken by the Director‑General under this Part, or taken in accordance with an order of the Court under this Part, exceed the amount deposited, or the amount of the security given, under section 57, the amount of the excess is a debt due to the Government.

The debt created by subsection (1) is due by the requestor, or, if there are 2 or more requestors, by the requestors jointly and severally.

Notwithstanding section 56(4), any authorised officer may detain or examine any goods that are imported into, or that are to be exported from, Singapore, and that are not goods in transit, which he or she reasonably suspects are suspected infringing goods in relation to a registered geographical indication.

As soon as practicable after goods are detained under subsection (1), the Director‑General must give —

The Director‑General may permit the registrant of the registered geographical indication, or the importer or exporter (as the case may be), to inspect the detained goods.

If the Director‑General permits inspection of the detained goods in accordance with subsection (3), the Director‑General is not liable to the importer or exporter (as the case may be) for any loss or damage suffered by the importer or exporter (as the case may be) arising out of damage to any of the detained goods incurred during that inspection.

The detained goods must be released to the importer or exporter (as the case may be) of the goods, unless, within the prescribed period, an interested party of the registered geographical indication —

A senior authorised officer, or an authorised officer acting in accordance with the general or special directions of a senior authorised officer, may board any vehicle in Singapore and may inspect all parts of the vehicle for goods liable to be detained under section 56 or 67.

For the more effective exercise of the powers conferred by this section, a senior authorised officer or an authorised officer may require the person in charge of a vehicle —

It is presumed in any proceedings arising out of any thing done under this section, unless the contrary is proved, that any authorised officer, not being a senior authorised officer, by whom the thing was done was acting in accordance with the general or special direction of a senior authorised officer.

Any person who contravenes this section or who fails to comply with any lawful requisition or direction given or made thereunder 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.

Any goods, package, box, chest or other article which is being or has recently been imported, or is being exported, and in regard to which a reasonable suspicion exists that it is or that it contains goods liable to be detained under section 56 or 67 may be —

An authorised officer may require the person in charge of any package, box, chest or other article referred to in subsection (1) to open the package, box, chest or article (as the case may be) for examination and inspection.

If the person in charge of the package, box, chest or other article referred to in subsection (1) refuses, or fails after being given reasonable time and opportunity, to comply with the requirement under subsection (2), a senior authorised officer, or an authorised officer acting in accordance with an order of a senior authorised officer, may forcibly open the package, box, chest or article (as the case may be) to facilitate the examination and inspection thereof.

Any person, other than an authorised officer, who removes, opens, breaks or tampers with any mark, lock, seal or other means of securing any goods, package, box, chest or other article referred to in subsection (1)(c) 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.

For the more convenient exercise of the powers conferred by section 69, an authorised officer may remove any package, box, chest or other article or any goods to an examination station or may require it or them to be so removed by the owner thereof or his agent or any person having the custody, charge or control thereof.

Any person who fails to comply with any such requirement shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000.

Upon the failure by a person to comply with such a requirement, an authorised officer may remove the package, box, chest, article or goods (as the case may be) in the manner provided by subsection (1), and all the expenses of such removal (as certified by a senior authorised officer) shall be recoverable as a fine from that person or from the owner of the package, box, chest, article or goods (as the case may be).

Any person landing or being about to land or having recently landed from any vessel or aircraft, or leaving any vessel or aircraft in Singapore whether for the purpose of landing or otherwise, or entering or having recently entered Singapore by land, sea or air, must —

The goods and baggage of any person who requests to be present when they are inspected must not be inspected except in his or her presence, unless he or she fails to be present after being given reasonable facility for being present.

Any person who refuses or fails, without reasonable excuse, to comply with any lawful demand made under this section 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 3 months or to both.

For the purpose of exercising the powers conferred by sections 68 to 71, an authorised officer may, without warrant, enter upon —

In this section, “railway” has the same meaning as in the Railways Act 1905.

If in proceedings before the Registrar or the Court the validity of the registration of a geographical indication is contested, and it is found by the Registrar or the Court that the geographical indication is validly registered, the Registrar or the Court may give a certificate to that effect.

Where a certificate is given under subsection (1) and in subsequent proceedings before the Registrar or the Court —

Subsection (2) does not extend to the costs of an appeal in the subsequent proceedings.

Where an offence under this Act committed by a body corporate is proved —

Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.

Where an offence under this Act committed by a partnership is proved —

Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —

In this section —

“body corporate” includes a limited liability partnership as defined in section 2(1) of the Limited Liability Partnerships Act 2005;

“officer” —

“partner” includes a person purporting to act as a partner.

The Minister may make rules to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a country or territory outside Singapore.

The Registrar or any person authorised in writing by the Registrar may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:

On payment of the sum of money, no further proceedings may be taken against that person in respect of the offence.

The Office may, with the approval of the Minister, make regulations to prescribe the offences that may be compounded.

All sums collected under this section must be paid into the Consolidated Fund.

The Minister may make rules —

Without limiting subsection (1), the rules may make provision —

Despite section 87, on and after 1 April 2019, the repealed Act continues to apply to —

Sections 4(6) to (9), 15 and 16 do not apply to any use of a registered geographical indication that takes place before 21 November 2019.

Part 6 does not apply to any goods that are imported to or exported from Singapore before the date of commencement of that Part.

Sections 75 and 76 do not apply to any legal proceedings that are commenced before 21 November 2019.

The Minister may, in relation to any provision of this Act, for a period of 2 years after the date of commencement of that provision, prescribe by rules published in the Gazette such provisions of a saving or transitional nature consequent on the enactment of that provision as the Minister considers necessary or expedient.