Quick Guide for Copyright and Trade Mark Owners and Licensees

Lodgement of Notice

 

The owner or licensee of a copyright or a registered trademark (the “objector”) may give the Director-General of Customs (“Director-General”) a written notice stating that he objects to the impending importation of infringing copies of copyright material or trademark-infringing goods.  The objector has to provide sufficient information:

  1. to identify the infringing copies or goods;
  2. to enable the Director-General to ascertain the time and place where the infringing copies or goods are expected to be imported; and
  3. to satisfy the Director-General that the copies or goods are infringing copies or goods.

The objector is required to furnish a security that is sufficient (a) to reimburse the Government for any liability or expense it is likely to incur in relation to the seizure, storage and disposal of the infringing copies or goods, and (b) to pay such compensation as ordered by the court for loss suffered by the defendant if the infringement action is dismissed or discontinued. The security may be given to cover (a) the current shipment only, or (b) the current shipment and any future shipments to be seized by Singapore Customs (an "annual security"). An annual security can cover up to 5 outstanding shipments (i.e. shipments detained by Customs for which the civil proceedings have not been concluded). If at any time the Director-General of Customs is of the opinion that the security given is insufficient, the objector shall top up the security accordingly.

 

A notice given to the Director-General is valid for 60 days. Within this period, Singapore Customs will seize the infringing copies or goods if they are being imported into Singapore. The objector and the importer or consignee will be informed of the seizure. 

 

The objector has to institute an action for copyright or trademark infringement and notify the Director-General accordingly within 10 working days after issue of the notice of seizure by the Director-General. The time limit for initiating infringement action may be extended by a further 10 working days upon request of the objector.

 

For more information on border enforcement measures under the Trade Marks Act and the Copyright Act, please refer to the following:

 

Procedure for Lodgement of Notice

 

  1. Complete the notice using the following template:
               
    No. Forms Related Links
    1. Notice under Section 82 (1) of the Trade Marks Act   Word Doc (25.2KB)
    2. Notice under Section 140B (1) of the Copyright Act Word Doc (29.2KB)
  2. The Notice shall be accompanied by:
    • a statutory declaration that the particulars in the notice are true;
    • a fee of S$200;
    • a security in the form of deposit of money or a guarantee issued by a bank, finance company or insurance company in Singapore. Please contact Operations Management Branch, Singapore Customs, on the quantum of the security required. A guarantee shall remain in force (a) until 31 December of the following year in the case of an annual security; or (b) for 1 year in the case of a one-time security;
    • a Letter of Undertaking to bear all costs relating to the seizure, transportation, storage and disposal of the infringing copies or goods.  
  3. The fee of S$200 and security (if furnished in the form of deposit) shall be made via crossed cheque payable to "Singapore Customs" or bank transfer to Singapore Customs' bank account (DBS 001-028867-9).
  4. The required documents shall be submitted to Singapore Customs (attention: Operations Management Branch) at 55 Newton Road, #10-01, Revenue House, Singapore 307987.

Template of Documents:  

No. Forms Related Links
 1. Guarantee to be issued by a bank, finance company or insurance company in Singapore Word Doc (23.1KB)
 2. Letter of Undertaking under Trade Marks Act             Word Doc (21.5KB)
 3. Letter of Undertaking under Copyright Act Word Doc (22KB)

 

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For clarification, please email to customs_operations_management@customs.gov.sg.