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Contents

Long Title

Enacting Formula

Part I PRELIMINARY

Part II REGISTRATION OF TRADE MARKS

Introductory

Application for registration of trade mark

Grounds for refusal of registration

Priority

Registration procedure

Series of trade marks

Duration, renewal and alteration of registered trade mark

Cancellation, revocation and invalidity

Miscellaneous

Part III RIGHTS AND REMEDIES OF PROPRIETOR OF REGISTERED TRADE MARK

Rights of proprietor of registered trade mark

Infringement proceedings

Part IV REGISTERED TRADE MARK AS OBJECT OF PROPERTY

Part V LICENSING

Part VI OFFENCES

Part VII INTERNATIONAL MATTERS

The Madrid Protocol, etc.

The Paris Convention and the TRIPS Agreement supplementary provisions

Part VIII COLLECTIVE MARKS AND CERTIFICATION MARKS

Part IX ADMINISTRATIVE AND OTHER SUPPLEMENTARY PROVISIONS

The Registrar

The Register

Powers and duties of the Registrar

Forms, fees, hours of business and publication

Trade mark agents

Part X IMPORTATION OF INFRINGING GOODS

Border enforcement measures

Powers of Search

Part XI MISCELLANEOUS AND GENERAL PROVISIONS

FIRST SCHEDULE Collective Marks

SECOND SCHEDULE Certification Marks

THIRD SCHEDULE Transitional Provisions

FOURTH SCHEDULE Consequential Amendments

 
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On 20/06/2013, you requested for the version in force on 20/06/2013 incorporating all amendments published on or before 20/06/2013. The closest version currently available is that of 21/12/1998.
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Powers of Search
Powers of search in relation to vessels, aircraft and vehicles
94.
—(1)  A senior authorised officer or an authorised officer acting in accordance with the general or special directions of a senior authorised officer may board any conveyance in Singapore and may rummage and search all parts of the conveyance for goods liable to be seized under section 82.
(2)  For the more effective exercise of the powers conferred by this section, a senior authorised officer may do all or any of the following:
(a)
require the master of any vessel in Singapore to heave to;
(b)
by direction to the master of any vessel or the pilot of any aircraft in Singapore, require the vessel or aircraft, as the case may be, not to proceed until so authorised;
(c)
require any documents which ought to be on board any vessel or aircraft, being documents relating to any goods therein, to be brought to him for inspection;
(d)
break open and forcibly enter any place or receptacle in any conveyance to which he cannot otherwise reasonably obtain access;
(e)
by direction to the master of any vessel in Singapore, require the vessel to proceed to any specified anchorage, wharf or place to which the vessel may lawfully go;
(f)
by direction to the master of any vessel in Singapore, require him to move or discharge any cargo or other goods therein;
(g)
require the person in charge of a vehicle —
(i)
to stop and not to proceed until so authorised; or
(ii)
to bring the vehicle to any police station or examination station;
(h)
direct that the removal of any goods from or placed in any vessel be prohibited until so authorised;
(i)
require the master of any vessel or the pilot of any aircraft to produce a complete manifest of the whole cargo of the vessel or aircraft and a complete list of stores carried by that vessel or aircraft.
(3)  An authorised officer may exercise, in respect of any vehicle or any vessel not exceeding 75 tons net tonnage, the powers which are conferred upon a senior authorised officer by subsection (2) other than the powers conferred by paragraph (d) of that subsection.
(4)  It shall be presumed in any proceedings arising out of any thing done under this section, unless the contrary is proved, that any authorised officer, not being a senior authorised officer, by whom the thing was done was acting in accordance with the general or special direction of a senior authorised officer.
(5)  If any vessel or aircraft fails to comply with any lawful requisition or direction given or made under this section, a senior authorised officer may take all such steps as appear to him necessary to secure such compliance.
(6)  Any person who contravenes this section or who fails to comply with any lawful requisition or direction given or made thereunder shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both.
(7)  An authorised officer may exercise the powers conferred by this section in respect of a vessel under way if he reasonably suspects that it is not in transit through Singapore.
Examination of packages
95.
—(1)  Any goods, package, box, chest or other article which is being or has recently been imported and in regard to which a reasonable suspicion exists that it is or that it contains goods liable to be seized under section 82 may be —
(a)
examined and searched by an authorised officer or detained until any person in charge thereof has opened it for examination and search;
(b)
subjected to such tests or analysis as the authorised officer thinks fit;
(c)
forcibly opened by, or by order of, a senior authorised officer to facilitate the examination and search except that any person in charge of the package, box, chest or other article shall be afforded every reasonable facility for being present at the opening, examination and search; or
(d)
marked, locked, sealed or otherwise secured by an authorised officer pending examination and search.
(2)  Any person, other than an authorised officer, who removes, opens, breaks or tampers with any lock, seal or other means of securing any goods, package, box, chest or other article referred to in subsection (1)(d) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 6 months or to both.
Power to remove packages and goods to police station or examination station
96.
—(1)  For the more convenient exercise of the powers conferred by section 95, an authorised officer may remove any package, box, chest or other article or any goods to a police station or examination station or may require it to be so removed by the owner thereof or his agent or any person having the custody, charge or control thereof.
(2)  Any person who fails to comply with any such requisition shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000.
(3)  Upon the failure by a person to comply with such a requisition, an authorised officer may remove the goods in the manner provided by subsection (1) and all the expenses of such removal (as certified by a senior authorised officer) shall be recoverable as a fine from that person or from the owner of the goods.
Search of persons and baggage
97.
—(1)  Any person landing or being about to land or having recently landed from any vessel or aircraft, or leaving any vessel or aircraft in Singapore whether for the purpose of landing or otherwise, or entering or having recently entered Singapore by land, sea or air, shall —
(a)
on demand by an authorised officer, either permit his person and goods and baggage to be searched by the officer for any goods liable to be seized under section 82 or, together with the goods and baggage, accompany the officer to a police station or an examination station, and there permit his person and goods and baggage to be searched in the presence and under the supervision of a senior authorised officer for any goods liable to be seized under section 82; or
(b)
on demand by a senior authorised officer, permit his person and goods and baggage to be searched by the officer, or in the presence and under the supervision of the officer, for any goods liable to be seized under section 82.
(2)  Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman and with strict regard to decency.
(3)  The goods and baggage of any person who requests to be present when they are searched shall not be searched except in his presence, unless he fails to be present after being given reasonable facility for being present.
(4)  Any person who refuses to comply with any lawful demand made under this section may be arrested without warrant by the officer making the demand.
Powers of authorised officers to enter certain premises
98.
—(1)  For the purpose of exercising the powers conferred by sections 94 to 97, an authorised officer may, without warrant, enter upon any islet, landing place, wharf, dock, railway or quay or the premises of a provider of port services or facilities licensed or exempted under the Maritime and Port Authority of Singapore Act (Cap. 170A) or of the Civil Aviation Authority of Singapore.
(2)  In this section, “railway” has the same meaning as in the Railways Act (Cap. 263).
Obstruction
99.  Any person who —
(a)
refuses any authorised officer or senior authorised officer access to any vessel, aircraft, vehicle or place which the officer is entitled under this Part; or
(b)
obstructs or hinders any authorised officer or senior authorised officer in the execution of any power conferred upon that officer by this Part,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both.
Immunity of Government, etc.
100.  No action or other legal proceedings shall lie against the Government or any officer or employee thereof for anything which is in good faith done or omitted to be done in the exercise of any power, duty or function under this Part.