In forceAmended2020 Revised Edition

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

67. Seizure and inspection of suspected infringing goods

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Amended

Last amended by an amending law of 2018.

(1)

Despite section 56(4), an authorised officer may seize or examine any goods that are —

(a)

imported into Singapore; or

(b)

to be exported from Singapore,and that are not goods in transit, which the officer reasonably suspects are suspected infringing goods in relation to a registered geographical indication.

(2)

As soon as practicable after the goods are seized under subsection (1), the Director-General must give personally, by post or (with the prior consent of the addressee) by email, a written notice to —

(a)

the importer or exporter of the seized goods (called in this Division the dealer); and

(b)

the registrant of the registered geographical indication.

(3)

The written notice in subsection (2) must —

(a)

identify the goods seized; and

(b)

set out the rights of the dealer in section 60 (as applied by subsection (5)), and the requirements in section 67A.

(4)

The Director-General may permit an interested party of the registered geographical indication, or the dealer, to inspect the seized goods.

(5)

Section 60(2) to (5) applies in relation to the seized goods as it applies in relation to goods seized under section 56(4), with the following modifications:

(a)

replace a reference to the requestor with a reference to an interested party of the registered geographical indication;

(b)

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:

(a)

the person in possession, custody or control of those goods immediately before the seizure;

(b)

an interested party of the registered geographical indication who has satisfied section 67A(1)(a) and (b).

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
place
Defined · s 2
“place”, in relation to a geographical indication, means a country or territory and includes a region or locality in a country or territory;
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
registrant
Defined · s 2
“registrant”, in relation to a registered geographical indication, means the person in whose name the geographical indication is registered;
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

Report

Read on from s 67A

Part 7

Miscellaneous and General Provisions

Read on from Part 7

67. Seizure and inspection of suspected infringing goods

Terms defined in this Act

Miscellaneous and General Provisions

Schedules