In forceAmended2020 Revised Edition

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Geographical Indications Act 2014 · 2020 Revised Edition · Part 6 · Assistance by Border Authorities

56. Request for seizure of suspected infringing goods

Amended

Last amended by an amending law of 2018.

(1)

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

(a)

stating that he, she or it is —

(i)

a producer of goods identified by the registered geographical indication;

(ii)

a trader of goods identified by the registered geographical indication; or

(iii)

an association of such producers or traders, or of such producers and traders, of goods identified by the registered geographical indication;

(b)

stating that goods which are suspected infringing goods in relation to the registered geographical indication are expected to be imported or exported;

(c)

providing sufficient information —

(i)

to identify the goods;

(ii)

to enable the Director‑General to ascertain when and where the goods are expected to be imported or exported, as the case may be; and

(iii)

to satisfy the Director‑General that the goods are suspected infringing goods; and

(d)

requesting the Director‑General to seize the goods.

(2)

A notice under subsection (1) must be —

(a)

in the form determined by the Director-General, and supported by such documents and information as the Director-General may require; and

(b)

accompanied by the fee prescribed under section 55B.

(3)

A notice under subsection (1) shall remain in force until the 59th day after 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.

(4)

If —

(a)

a notice has been given under subsection (1) in respect of a registered geographical indication;

(b)

the notice has not lapsed or been revoked; and

(c)

a person imports or proposes to export goods, not being goods in transit, that, in the opinion of an authorised officer, are suspected infringing goods in relation to the registered geographical indication in question,an authorised officer may seize the goods.

(5)

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 —

(a)

for the times at which, and the manner in which, notices are to be given;

(b)

for the giving of information and evidence to the Director-General; and

(c)

that an authorised officer may refuse to seize any goods because of non-compliance with any direction of the Director-General or any such rule.

Terms defined in this Act

authorised officer
Defined · s 55
“authorised officer” means —(a)an officer of customs as defined in section 3(1) of the Customs Act 1960; or(b)any officer or class or description of officers appointed by the Minister by notification in the Gazette to exercise the powers and perform the duties conferred and imposed on an authorised officer by this Part;
Open s 55
Director-General
Defined · s 55
“Director-General” means the Director‑General of Customs appointed under section 4(1) of the Customs Act 1960;
Open s 55
goods
Defined · s 2
“goods” means any natural or agricultural product or any product of handicraft or industry;
Open s 2
goods in transit
Defined · s 55
“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;
Open s 55
interested party
Defined · s 2
“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;
Open s 2
producer
Defined · s 2
“producer” means —(a)in relation to agricultural products, a person who produces those products for sale or other commercial purposes;(b)in relation to natural products, a person who exploits those products for sale or other commercial purposes; or(c)in relation to products of handicraft or industry, a person who manufactures those products for sale or other commercial purposes;
Open s 2
registered geographical indication
Defined · s 2
“registered geographical indication” means a geographical indication that is registered under section 48;
Open s 2
requestor
Defined · s 55
“requestor” means a person who gives a written notice under section 56(1) to the Director‑General;
Open s 55
suspected infringing goods
Defined · s 55
“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;
Open s 55
trader
Defined · s 2
“trader”, in relation to goods, means any person —(a)who sells the goods in Singapore; or(b)who supplies the goods in Singapore for the purpose of their being sold by another person in Singapore;
Open s 2

Report

Read on from s 57

Part 7

Miscellaneous and General Provisions

Read on from Part 7

56. Request for seizure of suspected infringing goods

Terms defined in this Act

Miscellaneous and General Provisions

Schedules