The Singapore government attaches great importance to the
protection of intellectual property rights (IPR), a high standard of IPR
protection being necessary to protect and encourage the growth of
high-value-added, high-content industries. To protect these vital industries,
the government has put in place a comprehensive regime as listed below for IPR
protection.
Legal and policy –
compliance with the TRIPS Agreement
Singapore has achieved full compliance with the World Trade
Organization’s (WTO) Agreement on Trade Related Aspects of International
Property Rights (TRIPS). TRIPS is, to date, the most comprehensive multilateral
agreement on trade and intellectual property. It sets out a high standard of
compliance for the protection, enforcement and dispute settlement of
trade-related IPR matters for WTO members to adhere to.
In implementing the legal initiatives necessary to be
TRIPS-compliant, Singapore has strengthened its IP legal framework and made it
more attractive for foreign investors to invest in Singapore’s developing
knowledge-based economy.
Singapore’s
membership of IPR Conventions
Singapore has been a member of the World Intellectual
Property Organization since December 1990. Singapore has also acceded to
several international IP treaties including the Berne Convention, the Budapest
Treaty on the International Recognition of the Deposit of Microorganisms for
the Purpose of Patent Procedure and the Protocol Relating to the Madrid
Agreement Concerning the International Registration of Marks (Madrid Protocol).
In addition, Singapore is a party to the Paris Convention for the Protection of
Industrial Property and the Patent Cooperation Treaty (PCT).
Enforcement
Sustained enforcement actions are constantly undertaken by various
authorities, including the Singapore Police Force, Films and Publications
Department and Customs and Excise Department (now the ICA). Backing the
enforcement actions is the continued imposition of stiff penalties for
copyright and trade mark offences by the Singapore courts. Persons guilty of
trade mark and copyright offences may be given jail terms of up to five years
and/or fines of up to S$100,000.
Substantial statutory damages may be awarded by courts for
trademark and copyright infringements in civil actions. Under the Trade Marks
Act (Cap 332), for example, infringements involving counterfeit trademarks may
attract statutory damages in excess of S$1 million.
International
recognition
The Political & Economic Risk Consultancy, the
International Institute for Management Development and the World Economic Forum
(WEF) have consistently ranked Singapore top in Asia for IP protection.
Cooperative approach
with industry
While Singapore’s efforts to protect IPR have been
successful, the government is constantly reviewing its protection programmes to
ensure that not only are existing measures relevant, effective and adequate but
that they also adapt to technological advances or changing circumstances
through consultations with industry.
IPR-related legislation
Singapore has completed its review and amendment to its
IPR-related legislation to comply with the obligations under the TRIPS
Agreement.
Copyright
The Copyright Act (Cap 63) governs copyright and related
rights in Singapore. The duration of copyright protection varies according to
the type of work concerned:
Literary, dramatic,
musical, artistic works
- If the work is only published after the death of the author,
it lasts for 70 years from the end of the year in which the work was first
published - 70 years from the end of the year the author died.
- Published editions of literary, dramatic, musical or
artistic works (layout) – 25 years from the end of the year the edition was
first published.
- Sound recordings and films - 70 years from the end of the
year the sound recording or film was first published
- Broadcasts and cable programs - 50 years from the end of the
year the broadcast was first made or cable programme was first included in a
cable programme service
- Performances - 70 years from the end of the year of the
performance
- Copyright material sent over the Internet or stored in
webservers is treated in the same manner as copyright material in other media.
The civil remedies for copyright infringement include injunctions, damages and
account of profits. In addition, there is criminal liability attached to
distribution of infringing materials, as well as willful infringement of
copyright.
Trade marks
The registration and protection of trade marks in Singapore
is governed by the Trade Marks Act, which was revised in 2007. Singapore is a
contracting country under the Madrid Protocol and may be designated as a target
jurisdiction under an international trade mark application. The registration of
a trade mark is for an indefinite period so long as the renewal fees are paid
every tenth year. Singapore adopts the International Classification of Goods
and Services under the Nice Agreement. Some of the salient features of the
Trade Marks Act include:
- a more streamlined test of registrability which is that of
capacity to distinguish
- simplifying and expediting the examination process
- the protection of “shape” and “color” marks
- the protection of “well-known marks”.
In general, protection of trade marks under the Trade Marks
Act is conditional on the registration of the trade mark with the Intellectual
Property Office of Singapore (IPOS). There is one exception – marks which
qualify as “well-known marks” are protected under the Trade Marks Act despite
not being registered in Singapore.
In 2009, the Singapore Court of Appeal, Singapore’s highest
court, released its first decision concerning “well-known marks” in the case of
Novelty Pte Ltd v Amanresorts Ltd & Anor (Civil Appeal No. 56 of 2007/Z)
[2009] SGCA 13. In this landmark case, the Singapore Court of Appeal discussed
the definition of a “well-known mark” under Singapore’s laws and the
application of section 55 of the Trade Marks Act, which grants protection to
“well-known marks” which have not been registered in Singapore.
Patents
The law governing patent protection in Singapore is the
Patents Act (Cap 221). Patent protection lasts 20 years from the date of filing
the application. Singapore is a party to the PCT and may be designated as a
country under an international patent application. Software and business
methods patents are recognized in Singapore.
Plant varieties
Under the Plant Varieties Protection Act 2004 (Cap 232A),
which conforms with the 1991 revision to the International Convention for the
Protection of New Varieties of Plants, breeders may file for new plant variety
protection. The term of protection is 25 years from the date of grant.
Designs
The Registered Designs Act (Cap 266) came into force on 13
November 2000. The Registered Designs Act repealed the United Kingdom Designs
(Protection) Act (Cap 339), which previously conferred protection in Singapore
on designs registered in the UK. The Registry of Designs was established with
applications for registration of designs being lodged in Singapore instead of
the UK.
Geographical
indications
Singapore has the Geographical Indications Act (Cap 117B),
to protect geographical indications. The Geographical Indications Act seeks to
prevent the use of misleading geographical indications, the registration of
misleading geographical indications as trademarks and the use of geographical
indications that would constitute an act of unfair competition. Protection
afforded to geographical indications is automatic. Where geographical
indications qualify as a trade mark, certification mark or collective mark, it
is also possible to register geographical indications under Singapore’s trade
mark legislation.
Layout designs of
integrated circuits
The original layout design of integrated circuits is
protected under the Layout Designs of Integrated Circuits Act (Cap 159A).
Protection is automatic and the duration of protection is either ten years
after the first commercial exploitation (if the exploitation takes place within
five years after the year it is created) or 15 years after the year it is
created.
Franchising in
Singapore
In 2009, there were over 500 franchising systems and 3,000
franchisees in Singapore. However, Singapore does not have a specific franchise
law, regulation or code of practice. Distribution and franchise agreements are
governed by general contract and common law principles applying to commercial
contracts in Singapore. There is no requirement to register a franchise or distribution
agreement, or any related disclosure document, in Singapore. The Franchising
and Licensing Association of Singapore (FLA) was established to nurture and
develop Singapore’s franchising industry. Membership of the FLA is
discretionary and all members must comply with the FLA’s code of ethics.
Competition laws
According to the Global Competitiveness Report 2009–2010 by
the WEF, Singapore is ranked the third most competitive economy in the world.
In 2004, Singapore enacted the Competition Act (Cap 50B). Modelled largely on
the UK Competition Act 1998, Singapore’s Competition Act is administered and
enforced by the Competition Commission of Singapore and prohibits three main
types of anticompetitive behavior, namely:
- anti-competitive agreements, decisions and practices
- abuses of market
power
- mergers and acquisitions that have the effect of
substantially lessening competition. A voluntary merger notification system
applies under the Competition Act.