Is Custom Recordal of Intellectual Property Rights (IPRs) available in Singapore?
Is Custom Recordal of IPRs compulsory in Singapore?
Is it an effective measure to stop the infiltration of illegal and counterfeit products in Singapore?
Which law forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Singapore?
The Customs Act forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Singapore.
Is Custom Recordal of IPRs effective on import or export of goods or both?
What is the role of the customs department/authority? (Kindly give 2-3 points)
The role of the customs is to act upon a written request or notice listing the suspected shipment. It can take suo motu action as well.
Is there a procedure to record IP with the customs department/authority? If yes, then kindly explain it in brief.
There is no recordal system in Singapore via which you can request that the Customs proactively monitor and notify you of suspected counterfeit goods being imported. You must be vigilant in watching for unauthorized dealings with your registered trademarks and copyright yourself. You should collate all necessary details, which will enable you to file the requisite written notice to inform the Customs about an impending import of infringing goods.
What documents are to be submitted along with the application for Custom Recordal of IPRs?
Although recordal is not available, a written notice, however, requires:
A statutory declaration that the particulars in the notice are true;
A fee of Singapore Dollars 200 (approximately EUR 125);
Where the notice is given by an agent, evidence of the authority of the person giving the notice; and
In the case of suspected trademark infringing goods, a copy of the certificate of registration concerning the Singapore registered trademark.
Is the applicant required to execute a bond (against all liabilities and to bear the costs towards destruction, demurrage, and detention charges incurred till the time of destruction or disposal) with the customs department/authority for Custom Recordal of IPRs?
What is the time frame for the customs department/authority to notify the applicants whether their application (for custom recordal of IPRs) is registered or rejected?
Does the customs department/authority have a centralized system or the Custom Recordal is required to be done with each port of entry in Singapore by land, sea, and air?
Is there an online system for Custom Recordal in Singapore?
What is the official fee for Custom Recordal in Singapore?
The fee for a written notice is Singapore Dollars 200.
What is the term of Custom Recordal of IPRs? Can it be further renewed?
There is no recordal, but the notice is valid for 60 days.
Does the customs department/authority have a right to conduct raids and seize the counterfeit goods within Singapore?
In which scenario does the customs department/authority suspend the clearance of imported goods?
The customs department suspends the clearance of imported goods upon finding that the goods are infringing up to 10 days until the civil proceeding is initiated by the proprietor of goods.
Who bears the liabilities and expenses related to suspension of the release of infringing goods?
The applicant bears the liabilities and expenses related to suspension of the release of infringing goods.
Is the IP rights holder authorized to examine the goods, the clearance of which has been suspended?
Is the IP rights holder authorized to request the information about the personal details of the importer and additional crucial piece of information concerning the consignment, which has been suspended from clearance?
Can the importer or the authorized representative of the goods, which have been suspended from clearance, request the information of the IP rights holder in question?
Within what timeframe the IP rights holder needs to confirm whether the goods are counterfeit or original after suspension?
10 days (extension of further 10 days can be taken)
Is the IP rights holder required to produce an injunction order or evidence of court proceedings to detain the goods?
If the answer to the above question is 'Yes,' then what is the deadline to do so?
Does the IP rights holder need to pay an additional bond for the detention of goods?
If the answer to the above question is 'Yes,' then to what extent and how is the valuation calculated?
In the scenario where the goods detained or seized are found to be infringing the IPRs of the IP rights holder in question, what steps does the customs department/authority take?
The Customs inform the rights holder who then has 10 days to institute infringement proceedings.
Does the customs authority invite the rights holder and importer to join the proceedings? Are there any consequences of failure to join such proceeding, if any?
Before disposal/destruction of infringing goods, does the rights holder need to submit a ‘no objection’ or concurrence document?
Are there any disadvantages of Custom Recordal of IPRs in Singapore? If yes, then kindly give 2-3 points?
There is no recordal system in Singapore.
If an IP rights holder is not satisfied with the action taken by the customs department/authority, can he/she initiate separate legal proceedings to enforce his/her IP rights?
To establish if the goods are counterfeit before the court of justice, will the affidavit by the IP rights holder suffice or any other documentary requirement is there?
Additional documents may be required by the court as may be needed.
Upon conclusion of proceedings before the Court of Justice, what are the possible remedies awarded by the court?
Is the rights holder under an obligation to inform customs authority when his Intellectual Property Right ceases to be valid/ he ceases to be the owner of such IPR?