Singapore legislation
Regulation 15
of Supreme Court of Judicature (Intellectual Property) Rules 2022
Regulation 15
Particulars to be included in defence
Subregulation 1
If the defendant in an action under section 4 by way of defence disputes that the geographical indication falls within the meaning of “geographical indication” as defined in section 2, the defendant’s pleadings must include particulars of the dispute.
Subregulation 2
If the defendant by way of defence disputes the validity of the registration of the geographical indication, the defendant’s pleadings must include particulars of the objection to the validity of the registration on which the defendant relies.
Subregulation 3
If the defendant by way of defence pleads any exception under Part 3 of the Act, the defendant’s pleadings must include —
particulars of the exception; and
the relevant particulars set out in paragraph (4), (5), (6), (7), (8), (9), (10) or (11) (whichever is applicable) in relation to the exception.
Subregulation 4
In relation to an exception under section 11(b) for the use of a geographical indication that has ceased to be protected in its country or territory of origin, the relevant particular is the date of the cessation.
Subregulation 5
In relation to an exception under section 12(1), the relevant particulars are —
the goods or services or related goods or services in relation to which the geographical indication (being a geographical indication identifying a wine or a spirit) was continuously used by the defendant or by the defendant and the defendant’s predecessor in title (as the case may be) and details of the use;
the name of every such predecessor in title that has continuously used the geographical indication; and
the date on which the geographical indication was first used in relation to the goods or services or related goods or services.
Subregulation 6
In relation to an exception under section 12(2)(a), the relevant particulars are —
the name of the proprietor of the trade mark;
the date on which the trade mark was first used by the defendant;
the details of the registration of the trade mark or the application for the registration of the trade mark, as the case may be;
a representation of the trade mark; and
the date on which the geographical indication was first protected in its country or territory of origin.
Subregulation 7
In relation to an exception under section 12(2)(b), the relevant particulars are —
the name of the proprietor (if any) of the trade mark;
the date on which the trade mark was first used in the manner mentioned in that provision by the defendant or by the defendant and the defendant’s predecessor in title, as the case may be;
the name of every predecessor in title (if any) of the defendant who has used the trade mark in the manner mentioned in that provision;
a representation of the trade mark, and details of its use in the manner mentioned in that provision by the defendant or by the defendant and every such predecessor in title, as the case may be; and
the date on which the geographical indication was first protected in its country or territory of origin.
Subregulation 8
In relation to an exception under section 16(1), the relevant particulars are —
the goods or services or related goods or services in relation to which the registered geographical indication (being a geographical indication identifying any goods other than a wine or a spirit) was continuously used by the defendant or the defendant and the defendant’s predecessor in title (as the case may be) and details of the use;
the name of every such predecessor in title that has continuously used the goods or services or related goods or services; and
the date on which the registered geographical indication was first used in relation to the goods or services or related goods or services.
Subregulation 9
In relation to an exception under section 16(2)(a), the relevant particulars are —
whether the trade mark is a registered trade mark or an international trade mark (Singapore);
the name of the proprietor of the trade mark;
the date on which the trade mark was first used by the defendant;
the details of the registration of the trade mark or the application for the registration of the trade mark, as the case may be;
a representation of the trade mark; and
the date of application for the registration of the geographical indication.
Subregulation 10
In relation to an exception under section 16(2)(b), the relevant particulars are —
the name of the proprietor (if any) of the trade mark;
the date on which the trade mark was first used in the manner mentioned in that provision by the defendant or by the defendant and the defendant’s predecessor in title, as the case may be;
the name of every predecessor in title (if any) that has used the trade mark in the manner mentioned in that provision;
a representation of the trade mark, and details of its use in the manner mentioned in that provision by the defendant or by the defendant and every such predecessor in title, as the case may be; and
the date of application for the registration of the geographical indication.
Subregulation 11
In relation to an exception under section 16(3), the relevant particulars are —
the name of the proprietor of the well known trade mark;
the date of application for the registration of the geographical indication;
details of any matter from which it may be inferred that the trade mark is well known; and
details of how the application of section 4 to the use of the trade mark is liable to mislead consumers as to the true identity of the goods identified by the geographical indication.