On 19/06/2013,
you requested for the version in force on 19/06/2013
incorporating all amendments published on or before 19/06/2013.
The closest version currently available is that of 02/07/2007.
93A.
—(1) Notwithstanding section 82(4), any authorised officer may —
(a)
detain any goods —
(i)
that are imported into, or that are to be exported from, Singapore; and
(ii)
that are not goods in transit, unless the goods are consigned to any person with a commercial or physical presence in Singapore; or
(b)
examine any goods, including goods in transit,
which he reasonably suspects are counterfeit goods in relation to a registered trade mark.
[20/2004]
(2) As soon as practicable after goods are detained under subsection (1)(a), the Director-General shall give —
(a)
to the importer, exporter or consignee, as the case may be, of the detained goods; and
(b)
to the proprietor of the registered trade mark,
a written notice identifying the goods, stating that they have been detained and setting out the matters referred to in subsection (3).
[20/2004]
(3) The detained goods shall be released to the importer, exporter or consignee, as the case may be, of the goods, unless, within the prescribed period, the proprietor of the registered trade mark —
(a)
in the case of goods that are imported into Singapore and that are not goods in transit —
(i)
gives the Director-General a written notice referred to in section 82(1);
(ii)
submits the documents and information, and pays the fee, referred to in section 82(2) to the Director-General; and
(iii)
deposits with the Director-General the sum of money referred to in section 83(a) or gives the security referred to in section 83(b); or
(b)
in the case of goods that are to be exported from Singapore or goods in transit that are consigned to a person with a commercial or physical presence in Singapore —
(i)
institutes an action for the infringement of his trade mark;
(ii)
serves on the Director-General an order of the Court authorising the further detention of the goods; and
(iii)
deposits with the Director-General a sum of money that, in the opinion of the Director-General, is sufficient to —
(A)
reimburse the Government for any liability or expense it has incurred and is likely to further incur as a result of the detention of the goods; and
(B)
pay such compensation to any person who suffers loss or damage as a result of the detention of the goods as may be ordered by the Court; or
gives 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.
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(4) Every order of the Court authorising the further detention of goods under subsection (3)(b)(ii) shall be subject to the condition that the proprietor of the registered trade mark complies with subsection (3)(b)(iii) within the period prescribed under subsection (3).
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(5) Where the Court has made an order authorising the further detention of goods under subsection (3)(b) —
(a)
the detained goods shall be taken to such secure place as the Director-General directs; and
(b)
sections 86, 87 and 89 to 93 shall apply, with the necessary modifications, to the further detention of the goods, and for the purposes of such application —
(i)
any reference to the objector shall be read as a reference to the proprietor of the registered trade mark;
(ii)
any reference to the importer shall be read as a reference to the exporter or consignee, as the case may be, of the detained goods;
(iii)
any reference to the seized goods shall be read as a reference to the detained goods;
(iv)
any reference to the seizure of goods shall be read as a reference to the detention or further detention of the goods;
(v)
any reference to the import or importation of goods shall be read —
(A)
in the case of goods that are to be exported from Singapore, as a reference to the export of the goods; or
(B)
in the case of goods in transit that are consigned to a person with a commercial or physical presence in Singapore, as a reference to the import, importation or export, of the goods by the consignee;
(vi)
any reference to infringement action shall be read as a reference to an action for the infringement of the registered trade mark under subsection (3)(b)(i); and
(vii)
any reference to the retention period shall be read as a reference to the prescribed period under subsection (3).
[20/2004]