Singapore Government
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Contents

Long Title

Part I PRELIMINARY

Part II INTERPRETATION

Part III COPYRIGHT IN ORIGINAL LITERARY, DRAMATIC, MUSICAL AND ARTISTIC WORKS

Division 1 — Nature, Duration and Ownership of Copyright in Works

Division 2 — Infringement of Copyright In Works

Division 3 — Acts not Constituting Infringements of Copyright Works

Division 4 — Acts not Constituting Infringements of Copyright in Literary, Dramatic and Musical Works

Division 5 — Copying of Works in Libraries

Division 6 — Copying of Works for Educational Purposes

Division 7 — Copying of Works in Institutions Assisting Handicapped Readers and Institutions Assisting Intellectually Handicapped Readers

Division 8 — Recording of Musical Works

Division 9 — Acts not Constituting Infringements of Copyright in Artistic Works

Division 10 — Designs

Division 11 — Works of Joint Authorship

Part IV COPYRIGHT IN SUBJECT-MATTER OTHER THAN WORKS

Division 1 — Preliminary

Division 2 — Nature of Copyright in Subject-Matter other than Works

Division 3 — Subject-Matter, other than Works, in which Copyright Subsists

Division 4 — Duration of Copyright in Subject-Matter other than Works

Division 5 — Ownership of Copyright in Subject-Matter other than Works

Division 6 — Infringement of Copyright in Subject-Matter other than Works

Division 7 — Miscellaneous

Part V REMEDIES FOR INFRINGEMENTS OF COPYRIGHT

Division 1 — Preliminary

Division 2 — Actions by Owner of Copyright

Division 3 — Proceedings where Copyright is subject to Exclusive Licence

Division 4 — Proof of Facts in Copyright Proceedings

Division 5 — Offences

Division 6 — Border Enforcement Measures

Division 7 — Powers of Search

Division 8 — Miscellaneous

Part VI COMPULSORY LICENCES FOR TRANSLATION AND REPRODUCTION OF CERTAIN WORKS

Part VII COPYRIGHT TRIBUNALS

Division 1 — Preliminary

Division 2 — Constitution of Tribunal

Division 3 — Inquiries by, and Applications and References to, Tribunal

Division 4 — Procedure and Evidence

Division 5 — Miscellaneous

Part VIII EXTENSION OR RESTRICTION OF THIS ACT

Part IX FALSE ATTRIBUTION OF AUTHORSHIP

Part IXA WORKS, OR OTHER SUBJECT-MATTER, IN ELECTRONIC FORM

Part X MISCELLANEOUS

Part XI TRANSITIONAL

Division 1 — Preliminary

Division 2 — Original Works

Division 3 — Subject-Matter other than Works

Division 4 — Miscellaneous

Division 5 — Works made before 1st July 1912

Part XII PERFORMERS’ PROTECTION

Part XIII RIGHTS MANAGEMENT INFORMATION

Part XIIIA CIRCUMVENTION OF TECHNOLOGICAL MEASURES

Part XIV TRANSITIONAL PROVISIONS UNDER INTELLECTUAL PROPERTY (MISCELLANEOUS AMENDMENTS) ACT 2004

Part XV SAVINGS AND TRANSITIONAL PROVISIONS UNDER COPYRIGHT (AMENDMENT) ACT 2004

THE SCHEDULE False Registration of Industrial Designs

Legislative Source Key

Legislative History

Comparative Table

Comparative Table

 
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On 01/10/2014, you requested the version in force on 01/10/2014 incorporating all amendments published on or before 01/10/2014. The closest version currently available is that of 07/03/2014.
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Detention of infringing copies
140LA.
—(1)  Notwithstanding section 140B(4), any authorised officer may —
(a)
detain any copies of copyright material —
(i)
that are imported into, or that are to be exported from, Singapore; and
(ii)
that are not goods in transit, unless the copies are consigned to any person with a commercial or physical presence in Singapore; or
(b)
examine any copies of copyright material, including goods in transit,
which he reasonably suspects are infringing copies of any copyright material.
[52/2004]
(2)  As soon as practicable after the copies of copyright material 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 copies; and
(b)
to the owner of the copyright in the copyright material,
a written notice identifying the copies, stating that they have been detained and setting out the matters referred to in subsection (3).
[52/2004]
(3)  The detained copies of copyright material shall be released to the importer, exporter or consignee, as the case may be, of the copies, unless, within the prescribed period, the owner of the copyright in the copyright material —
(a)
in the case of copies that are imported into Singapore and that are not goods in transit —
(i)
gives the Director-General the written notice referred to in section 140B(1);
(ii)
submits to the Director-General the documents and information referred to in section 140B(2); and
(iii)
deposits with the Director-General the sum of money referred to in section 140C(a) or gives the security referred to in section 140C(b); or
(b)
in the case of copies that are to be exported from Singapore or copies that are goods in transit and consigned to a person with a commercial or physical presence in Singapore —
(i)
institutes an action for the infringement of his copyright;
(ii)
serves on the Director-General an order of the court authorising the further detention of the copies; 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 and is likely to further incur as a result of the detention of the copies; and
(B)
pay such compensation to any person who suffers loss or damage as a result of the detention of the copies 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.
[52/2004]
(4)  Every order of the court authorising the further detention of copies under subsection (3)(b)(ii) shall be subject to the condition that the owner of the copyright in the copyright material complies with subsection (3)(b)(iii) within the period prescribed under subsection (3).
[52/2004]
(5)  Where the court has made an order authorising the further detention of copies under subsection (3)(b)(ii) —
(a)
the detained copies shall be taken to such secure place as the Director-General directs; and
(b)
sections 140F and 140G and 140I to 140L shall apply, with the necessary modifications, to the further detention of the copies, and for the purposes of such application —
(i)
any reference to the objector shall be read as a reference to the owner of the copyright in the copyright material;
(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 copies;
(iii)
any reference to the seized copies shall be read as a reference to the detained copies;
(iv)
any reference to the seizure of copies shall be read as a reference to the detention or further detention of the copies;
(v)
any reference to the import or importation of copies shall be read —
(A)
in the case of copies that are to be exported from Singapore, as a reference to the export of the copies; or
(B)
in the case of copies that are goods in transit and that are consigned to a person with a presence in Singapore, as a reference to the import, importation or export, of the copies by the consignee;
(vi)
any reference to infringement action shall be read as a reference to an action for the infringement of the copyright in the copyright material 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).
[52/2004]