What are the causes of counterfeiting and piracy in Singapore?
The causes of counterfeiting and piracy in Singapore are as follows:
Counterfeit goods are often available at a fraction of the cost of brand name goods.
People just want the utility of products whether they are real or fake.
>Ease of acquiring counterfeits.
Which are the goods that most often face counterfeiting and piracy in Singapore?
The most common counterfeit goods are bags, clothing, perfumes, and shoes from luxury brands.
Does Singapore have a well-established framework for the enforcement of Intellectual Property Rights (IPRs)?
What are the specific laws/orders/rules laid down in Singapore for the enforcement of Intellectual Property Rights?
They are as follows:
The Copyright Act (Cap 63, 2006 Rev Ed) (the “CA”)
The Registered Designs Act (Cap 266, 2005 Rev Ed) (the “RDA”)
The Patents Act (Cap 221, 2005 Rev Ed) (the “PA”)
The Trade Marks Act (Cap 332, 2005 Rev Ed) (the “TMA”)
What are the different types of IPRs protected by IPR enforcement in Singapore?
Patents, copyright, TM, designs are the different types of IPRs protected by IPR enforcement in Singapore.
What are the general IPR enforcement obligations in Singapore?
The only prerequisites are a valid registered trademark and an appointment of a local law firm holding authority on behalf of the trademark proprietor. Such authority can be provided in the form of a simple signed letter and does not require legalization or notarization.
What are the essential to-dos before an IP rights holder initiates the enforcement proceedings?
It is important to note that since the success of the enforcement action depends a great deal on the accuracy of the investigation results, it is prudent to devote sufficient resources in ensuring good quality of the investigation. Therefore, conducting a good investigation and making trap purchases are integral.
Is there any limitation period for filing an infringement action?
Which of the following IPR enforcement channels is/are available in Singapore?
A) Government Authorities - No
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Are civil actions available for the enforcement of IPRs?
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in civil litigation?
Which of the following types of civil remedies is/are available in Singapore?
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Are there any other civil remedies available in Singapore than the ones mentioned above? If yes, then kindly explain in brief.
Other civil remedies in Singapore are as follows:
The erasure, removal, or obliteration of the offending sign or mark;
Delivery up and/or disposal of goods, materials and articles.
What is the approximate timeline of civil litigation related to IPR enforcement in Singapore?
The trial for infringement actions is likely to be concluded within 18 months of the date the action is commenced (filing of the writ of summons).
What happens if an IP rights holder abuses the enforcement measures in civil litigation?
Are there any disadvantages of civil litigation in Singapore? If yes, then kindly give 2-3 points?
Is criminal prosecution available in Singapore for the enforcement of IPRs?
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in criminal prosecution?
Which is the responsible authority in Singapore corresponding to the types of criminal remedies available? Also, mention the imprisonment term and the monetary fine.
A) Responsible Authority - Courts
B) Imprisonment Term - Maximum term of 05 years
C) Monetary Fine - up to S$10,000 per work and S$200,000 in the aggregate for copyright; up to S$1 million without proof of actual loss for TM
Are there any other criminal remedies available in Singapore than the ones mentioned above? If yes, then kindly explain in brief.
What happens if an IP rights holder abuses the enforcement measures in criminal prosecution?
Are there any disadvantages of criminal prosecution in Singapore? If yes, then kindly give 2-3 points?
Are there any alternative dispute resolution mechanisms which allow parties to resolve their dispute out of court?
The option of ADR is left to the parties under the terms of the contract. The WIPO Arbitration and Mediation Centre has an office in Singapore and it is a neutral, international, and non-profit organisation that offers alternative dispute resolution options to enable private parties to efficiently settle their domestic or cross-border IP disputes. The Singapore International Arbitration Centre (SIAC) is an independent, not-for-profit organisation that provides facilities for arbitration, and has a specialised IP Panel of arbitrators to hear IP disputes. The SIAC Rules are efficient, cost-effective, and flexible, and incorporate features from civil and common law legal systems.
Are border control measures (customs) available in Singapore for the enforcement of IPRs?
Is the IP rights holder required to present reasonable evidence to the customs authority/department to support his claims of infringement against the opposing party/importer of counterfeit goods?
What are the remedies available under border control measures (customs) in Singapore?
Remedies available under border control measures include the seizure and destruction of goods.
Who must bear the costs of customs intervention during enforcement?
The applicant must bear the costs of customs intervention during enforcement.
What happens if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs?
Which are the best practices for enforcement of IPRs in Singapore?
In many cases, however, private mediation via legal professionals is more effective and should be considered as a viable option, particularly for SMEs that often are faced with budgetary constraints.
Are there any risks involved in the enforcement of IPRs in Singapore? If yes, then kindly give 2-3 points.
Unlike in most ASEAN countries, there are no administrative actions available in Singapore; therefore, immediate action may be an issue.