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 28/03/2013.
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).
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(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]