Singapore legislation
Section 56
Section 56
Use of patented inventions by Government and authorised parties
(1)
Subject to sections 60, 61 and 62, but despite any other section of this Act, the Government and any party authorised in writing by the Government may do anything in relation to a patented invention —
for a public non-commercial purpose; or
for or during a national emergency or other circumstances of extreme urgency,and anything done by virtue of this section does not amount to an infringement of the patent.
(2)
Without limiting subsection (1), subject to sections 60, 61 and 62, but despite any other section of this Act, the Government and any party authorised in writing by the Government may import any relevant health product, and do anything in relation to any relevant health product so imported, for or during a national emergency or other circumstances of extreme urgency, if the Government has given the Council for TRIPS a relevant notification in relation to the relevant health product.
(3)
For the purposes of this section and section 57 —
any use of an invention for the supply to the government of any country outside Singapore, pursuant to any agreement or arrangement between the Government of Singapore and the government of that country, of articles required for the defence of that country is deemed to be a use of the invention for a public non‑commercial purpose; and
the power of the Government or any party authorised by the Government to do anything in accordance with this section does not, in the case of a patent relating to an integrated circuit, extend to sale of the invention to the public.
(4)
The purchaser of any article sold in the exercise of the powers conferred by this section, and any person claiming through the purchaser, has power to deal with it in the same manner as if the patent were held on behalf of the Government.
(5)
In this section —
Definition
“integrated circuit” means a product, in its final or an intermediate form, in which the elements, at least one of which is an active element, and some or all of the interconnections are integrally formed in and on, or in or on, a piece of material and which is intended to perform an electronic function;
Definition
“relevant notification” means a notification that satisfies the requirements of —
paragraph 2(a) of the Doha Declaration Implementation Decision; or
paragraph 2(a) of the Annex to the TRIPS Agreement.