Singapore legislation

Section 53

of Trade Marks Act 1998

Section 53

Forfeiture and destruction of goods, etc., on conviction

(1)

Subject to subsection (2), where any person has been convicted of an offence under any provision of this Part, the court may, where it considers appropriate, order the person to forfeit to the Government all or any —

(a)

goods in relation to which; or

(b)

articles by means of which,the offence was committed.

(2)

Where any person has been convicted of an offence under section 47 or 49 in relation to a registered trade mark, the court is, unless it is of the view that there are exceptional circumstances for deciding otherwise, to order to be forfeited to the Government and destroyed any goods which satisfy all of the following conditions:

(a)

the goods are goods in relation to which —

(i)

the offence was committed; and

(ii)

the trade mark has been falsely applied;

(b)

the goods or their packaging bear the trade mark or sign giving rise to the false application of the trade mark.

(3)

Any —

(a)

forfeiture of goods or articles under subsection (1); or

(b)

forfeiture and destruction of goods under subsection (2),is in addition to any penalty or punishment that the court may impose for the offence committed.