On 26/05/2013,
you requested for the version in force on 26/05/2013
incorporating all amendments published on or before 26/05/2013.
The closest version currently available is that of 21/12/1998.
PART VI
OFFENCES
46.
—(1) Any person who counterfeits a registered trade mark shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.
(2) A person who —
(a)
makes a sign identical to or so nearly resembling a registered trade mark as to be calculated to deceive; or
(b)
falsifies a genuine registered trade mark, whether by alteration, addition, effacement, partial removal or otherwise,
without the consent of the proprietor of the registered trade mark shall be deemed to counterfeit a registered trade mark.
(3) In a prosecution under this section, the burden of proving the consent of the proprietor lies on the accused.
47.
—(1) Any person who falsely applies a registered trade mark to goods or services shall, unless he proves that he acted innocently, be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.
(2) For the purposes of this section and section 49, a sign shall be deemed to be applied to goods or services if —
(a)
it is applied to the goods themselves;
(b)
it is applied to a covering, label, reel or thing in or with which the goods are sold or exposed or had in possession for a purpose of trade or manufacture; or
(c)
it is used in a manner likely to lead persons to believe that it refers to, describes or designates the goods or services.
(3) For the purposes of this section and section 49, a trade mark shall be deemed to be applied to goods or services if it is used in —
(a)
a sign or an advertisement including a televised advertisement; or
(b)
an invoice, wine list, catalogue, business letter, business paper, price list or other commercial document,
and the goods are delivered, or services provided, as the case may be, to a person in pursuance of a request or order made by reference to the trade mark as so used.
(4) For the purposes of subsection (2), “covering” includes a stopper, glass, bottle, vessel, box, capsule, case, frame or wrapper, and “label” includes a band or ticket.
(5) For the purposes of this section and section 49, a person falsely applies a registered trade mark to goods or services if —
(a)
without the consent of the proprietor of the registered trade mark, the person applies the trade mark or a sign likely to be mistaken for that trade mark to the goods or services; and
(b)
in the case of an application to goods, the goods are not the genuine goods of the proprietor or licensee of the registered trade mark.
(6) In a prosecution under this section or section 49, the burden of proving the consent of the proprietor lies on the accused.
48. Any person who —
(a)
makes an article specifically designed or adapted for making copies of a registered trade mark or a sign likely to be mistaken for that trade mark; or
(b)
has such an article in his possession, custody or control,
knowing or having reason to believe that it has been, or is to be, used for, or in the course of, committing an offence against section 46 or 47, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.
49. Any person who —
(a)
imports into Singapore for the purpose of trade or manufacture;
(b)
sells or exposes for sale; or
(c)
has in his possession for the purpose of trade or manufacture,
any goods to which a registered trade mark is falsely applied shall, unless he proves that —
(i)
having taken all reasonable precautions against committing an offence under this section, he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the mark and on demand made by or on behalf of the prosecution, he gave all the information in his power with respect to the persons from whom he obtained the goods; or
(ii)
he had acted innocently,
be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 for each goods or thing to which the trade mark is falsely applied (but not exceeding in the aggregate $100,000) or to imprisonment for a term not exceeding 5 years or to both.
50. Any person who —
(a)
makes, or causes to be made, a false entry in the register;
(b)
makes, or causes to be made, any thing false purporting to be a copy of an entry in the register; or
(c)
produces or tenders or cause to be produced or tendered in evidence any thing referred to in paragraph (b),
knowing or having reason to believe that the entry or thing, as the case may be, is false shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 5 years or to both.
51.
—(1) Any person who —
(a)
falsely represents that a mark is a registered trade mark; or
(b)
makes a false representation as to the goods or services for which a trade mark is registered,
knowing or having reason to believe that the representation is false shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
(2) For the purposes of this section, the use in the course of trade in Singapore in relation to a trade mark of —
(a)
the word “registered”; or
(b)
any other word or symbol importing a reference (express or implied) to registration,
shall be deemed to be a representation as to registration under this Act unless it is shown that the reference is to registration elsewhere than in Singapore and that the trade mark is in fact so registered for the goods or services in question.
52.
—(1) Any person who causes or permits to appear on a trade mark used by him for the purposes of his trade any representation of the Arms or the Flag of Singapore, or of any arms or devices likely to be mistaken for them, shall, unless such trade mark is authorised to be used by order of the President, be guilty of an offence.
(2) Any person who —
(a)
imports into Singapore for the purpose of trade or manufacture;
(b)
sells or exposes for sale; or
(c)
has in his possession for the purpose of trade or manufacture,
any goods or things to which a trade mark bearing any representation prohibited by subsection (1) is applied shall be guilty of an offence.
(3) Any person guilty of an offence under subsection (1) or (2) shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 5 years or to both, and shall forfeit to the Government any goods or things to which the trade mark bearing the prohibited representation is applied.
53.
—(1) A court may, where it considers appropriate, order a person convicted of an offence under any provision of this Part to forfeit to the Government all articles or goods by means of which, or in relation to which, the offence was committed.
(2) Such forfeiture is in addition to any punishment referred to in that provision.