Seizure on request (Lodgement of Notice)
The owner or licensee of a copyright or a registered trademark (the “requestor”) may give the Director-General of Customs (“Director-General”) a written notice stating that he requests the seizure of copyright infringing copies or trademark-infringing goods that are expected to be imported or exported. The requestor has to provide sufficient information:
a. to identify the infringing copies or goods;
b. to enable the Director-General to ascertain the time and place where the infringing copies or goods are expected to be imported; and
c. to satisfy the Director-General that the copies or goods are infringing copies or goods.
A notice given to the Director-General is valid for the day the notice is given and another 59 days afterwards (i.e. for 60 days). Within this period, Singapore Customs will seize the infringing copies or goods if they are imported into, or are exported from, Singapore. The requestor and the importer or exporter will be informed of the seizure.
The requestor has to institute an action for copyright or trademark infringement and notify the Director-General accordingly within 10 working days after the day specified in 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 by the requestor.
Besides seizure on request, Singapore Customs may also seize copies or goods which are reasonably suspected to be copyright-infringing copies or counterfeit trademark goods that are imported into or to be exported from Singapore. Singapore Customs will inform the owner or exclusive licensee of the copyright or the proprietor or licensee of the registered trademark (“the right holder”) as soon as practicable after the seizure. If the right holder wants the Director-General to continue to detain the seized copies or goods in order to institute an infringement action, he must, within 48 hours after the date of the notice from the Director-General, give a written notice to the Director-General.
The right holder has to institute an action for copyright or trademark infringement and notify the Director-General accordingly within 10 working days after the day specified in the notice to take action by the Director-General. The time limit for initiating infringement action may be extended by a further 10 working days upon request by the right holder.
The requestor or right holder is required to furnish a security that is sufficient (a) to reimburse the Government for any liability or reasonable expense it is likely to incur in relation to the seizure, storage and disposal of the 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 not taken or is dismissed or discontinued, or if the court decides there was no infringement.
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.
Procedure for Giving Notice
1. Complete the notice using the following template.
- For Seizure on Request (Lodgement of Notice), the written notice should be given using Trade Marks Form 1 or Copyright Form 1.
- Where the right holder has been notified by Customs that there has been Ex-officio Seizure of goods or copies, and the right holder wants the Director-General to continue to detain the seized goods or copies in order to institute an infringement action, the written notice should be given using Trade Marks Form 2 or Copyright Form 2.
||Trade Marks Form 1 - Seizure of Goods on Request
||Copyright Form 1 - Seizure of Copies on Request
||Trade Marks Form 2 - Ex-officio Seizure of Goods
||Copyright Form 2 - Ex-officio Seizure of Copies
2. The Notice shall be accompanied by:
- a statutory declaration that the particulars in the notice are true;
- a fee of S$200;
- security in the form of a 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 reasonable costs relating to the seizure, transportation, storage and disposal of the copies or goods;
- (for trade marks) a copy of the certificate of registration issued by the Registrar of Trade Marks in relation to the registered trade mark specified in the notice, and evidence that the registration of the registered trade mark was duly renewed at all times;
- (where the notice is given by a person as agent) evidence of the authority of the person giving the notice.
3. The fee of S$200 and security (if furnished in the form of deposit of money) 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:
||Guarantee to be issued by a bank, finance company or insurance company in Singapore
||Letter of Undertaking under Trade Marks Act
||Letter of Undertaking under Copyright Act
For more information on border enforcement measures under the Trade Marks Act and the Copyright Act, please refer to the following:
For clarification, please email to firstname.lastname@example.org.