On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 31/07/2002.
PART VII
MISCELLANEOUS
28.
—(1) The Office shall, as soon as practicable after the end of each financial year, cause to be prepared and transmitted to the Minister a report dealing generally with the activities of the Office during the preceding financial year and containing such information relating to the proceedings and policy of the Office as the Minister may from time to time direct.
(2) The Minister shall, as soon as practicable, cause a copy of every such report to be presented to Parliament.
29.
—(1) The Office shall have the exclusive right to the use of such symbol or representation as it may select or devise and thereafter display or exhibit such symbol or representation in connection with its activities or affairs.
(2) Any person who uses a symbol or representation identical with that of the Office or which so resembles the Office’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or cause confusion, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.
30.
—(1) In addition to the powers conferred on him by this Act or any other written law, an officer or employee of the Office may, in relation to any offence under this Act or any written law set out in the Third Schedule, on declaration of his office and production to the person against whom he is acting such identification card as the Chief Executive may direct to be carried by officers or employees of the Office —
(a)
require any person whom he reasonably believes to have committed that offence to furnish evidence of the person’s identity;
(b)
require any person to furnish any information or produce any book, document or copy thereof in the possession of that person, and may, without fee or reward, inspect, copy or make extracts from such book or document; or
(c)
require, by order in writing, the attendance before the officer or employee of any person within the limits of Singapore who, from any information given or otherwise obtained by the officer or employee, appears to be acquainted with the circumstances of the case.
(2) Any person who —
(a)
refuses to give access to, or assaults, obstructs, hinders or delays, an officer or employee of the Office in the discharge of the duties by such officer or employee of the Office under this Act or that written law;
(b)
wilfully mis-states or without lawful excuse refuses to give any information or produce any book, document or copy thereof required of him by an officer or employee of the Office under subsection (1); or
(c)
fails to comply with a lawful demand of an officer or employee of the Office in the discharge by such officer or employee of his duties under this Act or that written law,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.
31.
—(1) Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or any similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(3) Proceedings for an offence under this Act alleged to have been committed by a partnership shall be brought in the name of the partnership and not in that of the partners; but without prejudice to any liability of the partners under subsection (5).
(4) A fine imposed on a partnership on its conviction in such proceedings shall be paid out of the partnership assets.
(5) Where a partnership is guilty of an offence under this Act, every partner, other than a partner who is proved to have been ignorant of or to have attempted to prevent the commission of the offence, shall also be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
32. Notwithstanding any provision to the contrary in the Criminal Procedure Code (Cap. 68), a District Court and a Magistrate’s Court shall have jurisdiction to try any offence under this Act and shall have power to impose the full penalty or punishment in respect of any offence under this Act.
33.
—(1) The Chief Executive or any officer authorised by him may, in his discretion, compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum of money not exceeding $1,000.
(2) On payment of such sum of money, no further proceedings shall be taken against such person in respect of the offence.
34.
—(1) Proceedings in respect of an offence under this Act or under any written law set out in the Third Schedule may be conducted by an officer of the Office who is authorised in writing in that behalf by the Chief Executive.
(2) Notwithstanding the provisions of any written law, a legal officer of the Office who has been admitted as an advocate and solicitor under the Legal Profession Act (Cap. 161) may —
(a)
appear in any civil proceedings involving the Office or any Registrar in the performance of his functions or duties under any written law; and
(b)
make and do all acts and applications in respect of such proceedings on behalf of the Office or any Registrar.
(3) For the purposes of this section, “Registrar” means the Registrar of Designs referred to in section 49 of the Registered Designs Act (Cap. 266), the Registrar of Patents referred to in section 4 of the Patents Act (Cap. 221), the Registrar of Trade Marks referred to in section 62 of the Trade Marks Act (Cap. 332), or the principal officer administering the system for the protection of any other intellectual property under any other written law.
35. The Minister may, by order published in the Gazette, amend the Third Schedule.
36.
—(1) Except for the purpose of the performance of his duties or the exercise of his functions or when lawfully required to do so by any court or under the provisions of any written law, no person who is or has been a member, officer, agent, employee or former employee of the Office or a member of a committee of the Office shall disclose any information or matter relating to the affairs of the Office or of any other person which has been obtained by him in the performance of his duties or the exercise of his functions.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.
37.
—(1) The Office may, with the approval of the Minister, make rules for carrying out the purposes and provisions of this Act.
(2) Without prejudice to the generality of subsection (1), the Office may, with the approval of the Minister, make rules for or with respect to all or any of the following matters:
(a)
the manner of appointment, conduct and discipline and the terms and conditions of service of the officers and employees of the Office;
(b)
the establishment of funds for the payment of gratuities and other benefits to employees of the Office;
(c)
the fees to be charged in respect of anything done or any services rendered by the Office under or by virtue of this Act or any other written law;
(d)
the regulation, accreditation and certification of intellectual property advisers.