/akn/sg/act/sub_leg/1998/TMA-R2

Trade Marks (Border Enforcement Measures) Rules

The full official text, structured for quick navigation. Copy any provision or jump straight to a section.

Open source PDF
Type
Subsidiary Legislation
Status
In force
Enacted
1998
Sections
22

Quick answer

About this subsidiary legislation

Trade Marks (Border Enforcement Measures) Rules is Singapore Subsidiary Legislation, cited as Subsidiary Legislation TMA-R2 1998, currently marked in force and first recorded in 1998.

Part 1

PRELIMINARY

Regulation 1

Citation

Open as pageSuggest a correction

These Rules may be cited as the Trade Marks (Border Enforcement Measures) Rules.

Regulation 2

Definitions

Open as pageSuggest a correction
Amended byS 750/2019 wef 21/11/2019

In these Rules —“authorised officer” and “Director‑General” have the meanings given by section 81 of the Act;“dealer” means the importer, exporter or consignee of the goods seized under section 93A of the Act;“officer of customs” has the meaning given by section 3(1) of the Customs Act (Cap. 70).

Definition

“authorised officer” and “Director‑General” have the meanings given by section 81 of the Act;

Suggest a correction

Definition

“dealer” means the importer, exporter or consignee of the goods seized under section 93A of the Act;

Amended byS 750/2019 wef 21/11/2019
Suggest a correction

Definition

“officer of customs” has the meaning given by section 3(1) of the Customs Act (Cap. 70).

Suggest a correction

Part 2

SEIZURE OF GOODS ON REQUEST

Regulation 3

Notice under section 82(1) of Act

Open as pageSuggest a correction
Amended byS 750/2019 wef 21/11/2019

Subregulation 1

Suggest a correction

A notice to the Director-General under section 82(1) of the Act must be supported by the following documents and information:

(a)

a statutory declaration that the particulars in the notice are true;

(b)

a copy of the certificate of registration issued by the Registrar under section 15(3) of the Act in relation to the registered trade mark specified in the notice;

(c)

evidence that the registration of the registered trade mark was duly renewed at all times; (d)where the notice is given by a person as agent for the proprietor or a licensee of the registered trade mark, evidence of the authority of the person giving the notice.

Subregulation 2

Suggest a correction

The notice must be accompanied by the fee prescribed in the Trade Marks (Border Enforcement Measures Fees) Rules 2019 (G.N. No. S 749/2019).

Subregulation 3

Suggest a correction
Amended byS 750/2019 wef 21/11/2019

The proprietor or a licensee of the registered trade mark may appoint another person to act as his or her agent for the purpose of giving the notice.

Regulation 4

Time and manner of giving notice under section 82(1) of Act

Open as pageSuggest a correction
Amended byS 750/2019 wef 21/11/2019

A notice to the Director-General under section 82(1) of the Act shall be delivered to the Singapore Customs —

(a)

during such time as the office of the Singapore Customs is open for business; and

(b)

at such time as is reasonably possible for an authorised officer to take any action under the Act in relation to the notice.

Regulation 5

Further information and evidence for notice under section 82(1) of Act

Open as pageSuggest a correction
Amended byS 750/2019 wef 21/11/2019

A person who has given a notice under section 82(1) of the Act to the Director-General shall, as and when required by the Director-General, give to the Director-General such information and evidence within such time and in such form as the Director-General may reasonably require.

Regulation 6

Change in particulars of notice under section 82(1) of Act

Open as pageSuggest a correction
Amended byS 750/2019 wef 21/11/2019

A person who has given a notice under section 82(1) of the Act to the Director‑General must notify the Director‑General in writing of any change in the particulars specified in the notice or affecting the notice within 7 days of the change, and provide any document and information in relation to the change that the Director‑General may reasonably require.

Regulation 7

Refusal to seize goods pursuant to notice under section 82(1) of Act

Open as pageSuggest a correction
Amended byS 750/2019 wef 21/11/2019S 750/2019 wef 21/11/2019

An authorised officer may refuse to seize goods to which a notice under section 82(1) of the Act relates if the person who has given the notice fails to comply with —

(a)

any direction of the Director-General; or

(b)

any provision of these Rules.

Regulation 8

Period under section 85(2)(a) of Act for instituting infringement action

Open as pageSuggest a correction
Amended byS 750/2019 wef 21/11/2019

For the purposes of section 85(2)(a) of the Act, the prescribed period is 10 working days after the day specified in the notice mentioned in section 85(1) of the Act.

Regulation 9

Period under section 85(6) of Act for extension of initial period

Open as pageSuggest a correction
Amended byS 750/2019 wef 21/11/2019

For the purposes of subsection (6) of section 85 of the Act, the prescribed period is 10 working days after the end of the initial period mentioned in that subsection.

Regulation 9A

Written undertakings for forfeiture of seized goods by consent under section 87(1) of Act

Open as pageSuggest a correction
Amended byS 750/2019 wef 21/11/2019

For the purposes of section 87(1) of the Act, the prescribed written undertakings are that the importer or exporter (as the case may be) must —

(a)

propose an arrangement for the disposal of the seized goods for the Director‑General’s approval; and

(b)

dispose of the seized goods in accordance with an arrangement approved by the Director‑General —

(i)

within one month after the date of a notice given by the Director‑General; and

(ii)

under the supervision of an officer of customs.

Regulation 9C

Disposal of seized goods forfeited by consent under section 87(3) of Act

Open as pageSuggest a correction
Amended byS 750/2019 wef 21/11/2019S 750/2019 wef 21/11/2019S 750/2019 wef 21/11/2019

Subregulation 1

Suggest a correction
Amended byS 750/2019 wef 21/11/2019

Upon forfeiture of the goods to the Government under section 87(3) of the Act, the seized goods must be disposed of by the importer or exporter (as the case may be) in accordance with an arrangement approved by the Director‑General —

(a)

within one month after the date of a notice given by the Director‑General; and

(b)

under the supervision of an officer of customs.

Subregulation 2

Suggest a correction
Amended byS 750/2019 wef 21/11/2019S 750/2019 wef 21/11/2019

If the importer or exporter (as the case may be) does not dispose of the goods within the period mentioned in paragraph (1)(a), the Director‑General must dispose of those goods in such manner as the Director‑General thinks fit.

Part 3

EX-OFFICIO SEIZURE OF GOODS

Regulation 10

Period under section 93B(1) of Act

Open as pageSuggest a correction
Amended byS 750/2019 wef 21/11/2019

For the purposes of section 93B(1) of the Act, the prescribed period is 48 hours after the date of the written notice mentioned in section 93A(3) of the Act.

Regulation 11

Notice under section 93B(1) of Act

Open as pageSuggest a correction
Amended byS 750/2019 wef 21/11/2019

Subregulation 1

Suggest a correction

A notice to the Director-General under section 93B(1) of the Act must be supported by the following documents and information:

(a)

a statutory declaration that the particulars in the notice are true;

(b)

a copy of the certificate of registration issued by the Registrar under section 15(3) of the Act in relation to the registered trade mark specified in the notice;

(c)

evidence that the registration of the registered trade mark was duly renewed at all times;

(d)

where the notice is given by a person as agent for the proprietor of the registered trade mark, evidence of the authority of the person giving the notice.

Subregulation 2

Suggest a correction

The notice must be accompanied by the fee prescribed in the Trade Marks (Border Enforcement Measures Fees) Rules 2019.

Subregulation 3

Suggest a correction
Amended byS 750/2019 wef 21/11/2019

The proprietor of the registered trade mark may appoint another person to act as his or her agent for the purpose of giving the notice.

Regulation 12

Time and manner of giving notice under section 93B(1) of Act

Open as pageSuggest a correction
Amended byS 750/2019 wef 21/11/2019

A notice to the Director-General under section 93B(1) of the Act must be delivered to the Singapore Customs during any time that the office of the Singapore Customs is open for business.

Regulation 13

Further information and evidence for notice under section 93B(1) of Act

Open as pageSuggest a correction
Amended byS 750/2019 wef 21/11/2019

A person who has given a notice under section 93B(1) of the Act to the Director‑General must, as and when required by the Director‑General, give to the Director‑General any information and evidence within any time and in any form that the Director‑General may reasonably require.

Regulation 14

Change in particulars of notice under section 93B(1) of Act

Open as pageSuggest a correction
Amended byS 750/2019 wef 21/11/2019

A person who has given a notice under section 93B(1) of the Act to the Director‑General must notify the Director‑General in writing of any change in the particulars specified in the notice or affecting the notice within 7 days of the change, and provide any document and information in relation to the change that the Director‑General may reasonably require.

Regulation 15

Release of seized goods to dealer under section 93B of Act

Open as pageSuggest a correction
Amended byS 750/2019 wef 21/11/2019

The Director-General may release the seized goods in relation to which a notice has been given under section 93B(1) of the Act to the dealer concerned, if the person who gave the notice fails to comply with —

(a)

any direction of the Director‑General; or

(b)

any provision of these Rules.

Regulation 16

Period under section 93C(1)(a) of Act for instituting infringement action

Open as pageSuggest a correction
Amended byS 750/2019 wef 21/11/2019

For the purposes of section 93C(1)(a) of the Act, the prescribed period is 10 working days after the day specified in the notice mentioned in section 93C(1) of the Act.

Regulation 17

Period for extension of initial period under section 85(6) of Act as applied by section 93C(2) of Act

Open as pageSuggest a correction
Amended byS 750/2019 wef 21/11/2019

For the purposes of section 85(6) of the Act as applied by section 93C(2) of the Act, the prescribed period is 10 working days after the end of the initial period mentioned in section 85(6) of the Act.

Regulation 18

Written undertakings for forfeiture of seized goods by consent under section 93F of Act

Open as pageSuggest a correction
Amended byS 750/2019 wef 21/11/2019

For the purposes of section 93F(1) of the Act, the prescribed written undertakings are that the dealer must —

(a)

propose an arrangement for the disposal of the seized goods for the Director-General’s approval; and

(b)

dispose of the seized goods in accordance with an arrangement approved by the Director-General —

(i)

within one month after the date of a notice given by the Director-General; and

(ii)

under the supervision of an officer of customs.

Regulation 19

Disposal of seized goods forfeited by consent under section 93F of Act

Open as pageSuggest a correction
Amended byS 750/2019 wef 21/11/2019

Subregulation 1

Suggest a correction

Upon forfeiture of the seized goods to the Government under section 93F(3) of the Act, the goods must be disposed of by the dealer in accordance with an arrangement approved by the Director-General —

(a)

within one month after the date of a notice given by the Director-General; and

(b)

under the supervision of an officer of customs.

Subregulation 2

Suggest a correction
Amended byS 750/2019 wef 21/11/2019

If the dealer does not dispose of the seized goods within the period mentioned in paragraph (1)(a), the Director-General must dispose of those goods in any manner that the Director-General deems fit.

Common questions

What is Trade Marks (Border Enforcement Measures) Rules?
Trade Marks (Border Enforcement Measures) Rules is Singapore Subsidiary Legislation, cited as Subsidiary Legislation TMA-R2 1998, currently marked in force and first recorded in 1998.
Is Trade Marks (Border Enforcement Measures) Rules still in force?
Yes — Trade Marks (Border Enforcement Measures) Rules is currently in force.
When did Trade Marks (Border Enforcement Measures) Rules take effect?
Trade Marks (Border Enforcement Measures) Rules was first recorded in 1998.
How many regulations does Trade Marks (Border Enforcement Measures) Rules have?
Trade Marks (Border Enforcement Measures) Rules contains 22 regulations.
Where can I read the official version of Trade Marks (Border Enforcement Measures) Rules?
The official text of Trade Marks (Border Enforcement Measures) Rules is published at sso.agc.gov.sg.