Enhanced measures for the enforcement of intellectual property rights at Singapore’s borders came into effect on 21 November 2022. The newly-effective measures cover geographical indications and registered designs and empower Singapore Customs to seize infringing goods at the request of the owner of the infringed intellectual property or, for goods infringing geographical indications, ex-officio. Singapore Customs is also authorised to give the name and contact details of any person connected with the import or proposed export of seized goods to the intellectual property owner so they can begin infringement proceedings. Similar enhanced measures covering copyrights and trade marks have been in effect since November 2019.
Singapore and the European Union entered into a free trade agreement in 2018. That agreement obligated Singapore to, among other things, enhance its border enforcement measures against infringing goods. As a consequence, Singapore adopted the Intellectual Property (Border Enforcement) Act 2018 (IP(BE)A), which amended the Copyright Act (later repealed and replaced by the Copyright Act 2021), the Geographical Indications Act 2014, the Registered Designs Act 2000, the Trade Marks Act 1998, the Customs Act 1960 and the Regulation of Imports and Exports Act 1995. The IP(BE)A came into effect in three phases, the third and final phase of which covers the enhanced measures for geographical indications and registered designs referenced above.
The following table summarises the enhanced enforcement measures implemented under the IP(BE)A which are now in effect:
Owners of registered geographical indications and registered designs in Singapore are now able to enlist Singapore Customs to assist in preventing the import and export of infringing goods.
OrionW regularly advises clients on intellectual property and import/export matters. For more information about the protection of intellectual property, or if you have questions about this article, please contact us at info@orionw.com.
Disclaimer: This article is for general information only and does not constitute legal advice.
