On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 21/12/1998.
Border enforcement measures
81. In this Part, unless the context otherwise requires —
“aircraft” has the same meaning as in the Regulation of Imports and Exports Act (Cap. 272A);
“authorised officer” means —
(a)
an officer of customs as defined in section 3 of the Customs Act (Cap. 70); or
(b)
any officer or class or description of officers appointed by the Minister by notification in the Gazette to exercise the powers and perform the duties conferred and imposed on an authorised officer by this Part;
“conveyance” has the same meaning as in the Regulation of Imports and Exports Act (Cap. 272A);
“Director-General” means the Director-General of Customs and Excise appointed under section 4(1) of the Customs Act (Cap. 70);
“goods in transit” means goods imported, whether or not landed or transhipped within Singapore, which are to be carried to another country either by the same or another conveyance;
“infringement action” means an action for an infringement of the relevant registered trade mark constituted by the importation of seized goods;
“master” has the same meaning as in the Regulation of Imports and Exports Act;
“objector”, in relation to particular seized goods, means the person who gave the notice under section 82 as a result of the giving of which the goods were seized;
“pilot of an aircraft” has the same meaning as in the Regulation of Imports and Exports Act;
“proprietor”, in relation to a registered trade mark, includes a licensee of the trade mark;
“retention period”, in relation to seized goods, means —
(a)
the period specified in a notice given under section 85 in respect of the goods; or
(b)
if that period has been extended under section 85, that period as so extended;
“seized goods” means goods seized under section 82;
“senior authorised officer” means —
(a)
a senior officer of customs as defined in section 3 of the Customs Act (Cap. 70); and
(b)
any officer or class or description of officers appointed by the Minister by notification in the Gazette to exercise the powers and perform the duties conferred and imposed on a senior authorised officer by this Part;
“vehicle” has the same meaning as in the Regulation of Imports and Exports Act;
“vessel” has the same meaning as in the Regulation of Imports and Exports Act (Cap. 272A).
82.
—(1) A person may give the Director-General a written notice stating —
(a)
that he is the proprietor of a registered trade mark or a licensee thereof having the power to give such a notice;
(b)
that, at a time and place specified in the notice, goods which, in relation to the registered trade mark, are infringing goods are expected to be imported for the purpose of trade; and
(c)
that he objects to such importation.
(2) A notice given under subsection (1) shall be supported by such documents and information, and accompanied by such fee, as may be prescribed by rules made under this Act.
(3) A notice under subsection (1) remains in force until the end of the period of 60 days commencing on the day on which the notice was given, unless it is revoked, before the end of that period, by notice in writing given to the Director-General —
(a)
if the person giving the first-mentioned notice is a licensee of the registered trade mark and he has power to revoke the notice, by the licensee;
(b)
in any other case, by the person who is then the proprietor of the registered trade mark.
(4) If —
(a)
a notice has been given under this section in respect of a registered trade mark;
(b)
the notice has not lapsed or been revoked; and
(c)
a person imports goods, not being goods in transit, which bear a sign that, or whose packaging bear a sign that, in the opinion of an authorised officer, is identical with or similar to the registered trade mark in question,
an authorised officer may seize the goods.
(5) The Minister may make rules to provide for —
(a)
the forms of notices under this section;
(b)
the times at which, and the manner in which, notices are to be given; and
(c)
the giving of information and evidence to the Director-General.
83. An authorised officer may refuse to seize goods under section 82 unless —
(a)
the objector has deposited with the Director-General a sum of money that, in the opinion of the Director-General, is sufficient to —
(i)
reimburse the Government for any liability or expense it is likely to incur as a result of the seizure of the goods; and
(ii)
pay such compensation as may be ordered by the Court under section 89(2) or 90(6); or
(b)
the objector has given security, to the satisfaction of the Director-General, for the reimbursement of the Government for any such liability or expense and the payment of such compensation.
84. Seized goods shall be taken to such secure place as the Director-General directs.
85.
—(1) As soon as is practicable after goods are seized under section 82, the Director-General shall give to the importer and the objector, either personally or by post, a written notice identifying the goods and stating that they have been seized.
(2) A notice under subsection (1) shall state that the goods will be released to the importer unless —
(a)
an infringement action in respect of the goods is instituted by the objector within a specified period from the day specified in the notice; and
(b)
the objector gives written notice to the Director-General within that period stating that the infringement action has been instituted.
(3) The period to be specified for the purpose of paragraph (a) of subsection (2) is the period prescribed for the purposes of that paragraph.
(4) The day specified for the purposes of subsection (2)(a) shall not be earlier than the day on which the notice is given.
(5) The objector may, by written notice given to the Director-General before the end of the period specified in a notice for the purposes of subsection (2)(a) (the initial period), request that the period be extended.
(6) Subject to subsection (7), if —
(a)
a request is made in accordance with subsection (5); and
(b)
the Director-General is satisfied that it is reasonable that the request be granted,
the Director-General may extend the initial period by such period as is prescribed.
(7) A decision on a request made in accordance with subsection (5) must be made within 2 working days after the request is made, but such a decision cannot be made after the end of the initial period to which the request relates.
86.
—(1) The Director-General may permit the objector or the importer to inspect the seized goods.
(2) If the objector gives the requisite undertakings, the Director-General may permit the objector to remove a sample of the seized goods from the custody of the Director-General for inspection by the objector.
(3) If the importer gives the Director-General the requisite undertakings, the Director-General may permit the importer to remove a sample of the seized goods from the custody of the Director-General for inspection by the importer.
(4) The requisite undertakings are undertakings in writing that the person giving the undertaking will —
(a)
return the sample to the Director-General at a specified time that is satisfactory to the Director-General; and
(b)
take reasonable care to prevent damage to the sample.
(5) If the Director-General permits inspection of the seized goods, or the removal of a sample, by the objector in accordance with this section, the Director-General is not liable to the importer for any loss or damage suffered by the importer arising out of —
(a)
damage to any of the seized goods incurred during that inspection; or
(b)
anything done by the objector or any other person to, or in relation to, a sample removed from the custody of the Director-General or any use made by the objector of such a sample.
87.
—(1) Subject to subsection (2), the importer may, by written notice to the Director-General, consent to the seized goods being forfeited to the Government.
(2) The notice shall be given before any infringement action in relation to the seized goods is instituted.
(3) If the importer gives such a notice, the seized goods are forfeited to the Government and shall be disposed of —
(a)
in the manner prescribed by rules made under this Act; or
(b)
if no manner of disposal is so prescribed, as the Director-General directs.
88.
—(1) The Director-General shall release seized goods (not being goods forfeited to the Government under section 87) to the importer on the expiration of the retention period for the goods if the objector has not, before the expiration of that period —
(a)
instituted an infringement action in relation to the goods; and
(b)
given written notice to the Director-General stating that the action has been instituted.
(2) If —
(a)
an infringement action has been instituted in relation to the seized goods; and
(b)
at the end of a period of 3 weeks commencing on the day on which the action was instituted, there is not in force an order of the Court in which the action was instituted preventing the release of the goods,
the Director-General shall release the goods to the importer.
(3) If the objector gives written notice to the Director-General stating that he consents to the release of the seized goods, the Director-General shall release the goods to the importer.
(4) This section has effect subject to section 91.
89.
—(1) Where goods have been seized pursuant to a notice given under section 82 and the objector concerned fails to take infringement action within the retention period for the goods, a person aggrieved by such seizure may apply to the Court for an order of compensation against the objector.
(2) Where the Court is satisfied that the applicant had suffered loss or damage as a result of the seizure of the goods, the Court may order the objector to pay compensation in such amount as the Court thinks fit to the applicant.
90.
—(1) The Court in which an infringement action is pending may, on the application of a person having a sufficient interest in the subject-matter of the action, allow the person to be joined as a defendant to the action.
(2) An authorised officer is entitled to be heard on the hearing of an infringement action.
(3) In addition to any relief that may be granted apart from this section, the Court may —
(a)
at any time, order that the seized goods be released to the importer subject to such conditions, if any, as the Court thinks fit;
(b)
order that the seized goods not be released to the importer before the end of a specified period; or
(c)
order that the seized goods be forfeited to the Government.
(4) A Court may not make an order under subsection (3)(a) if it is satisfied that the Government or any statutory authority is required or permitted under any other law to retain control of the seized goods.
(5) The Director-General shall comply with an order made under subsection (3).
(6) If —
(a)
the action is dismissed or discontinued, or if the Court decides that the relevant registered trade mark was not infringed by the importation of the seized goods; and
(b)
a defendant to the infringement action satisfies the Court that he has suffered loss or damage as a result of the seizure of the goods,
the Court may order the objector to pay compensation in such amount as the Court thinks fit to that defendant.
91. Notwithstanding section 88, in a case in which no order has been made under section 90(3) in relation to seized goods, the Director-General is not obliged to release or dispose of the goods if the Government is required or permitted, under any other law, to retain control of the goods.
92. If the Court orders that seized goods are to be forfeited to the Government, the goods shall be disposed of —
(a)
in the manner prescribed by rules made under this Act; or
(b)
if no manner of disposal is so prescribed, as the Director-General directs.
93.
—(1) If the reasonable expenses incurred by the Director-General in relation to any action taken by the Director-General under this Part, or taken in accordance with an order of court under this Part exceed the amount deposited, or the amount of the security given, under section 83, the amount of the excess is a debt due to the Government.
(2) The debt created by subsection (1) is due by the objector, or, if there are 2 or more objectors, by the objectors jointly and severally.