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REPUBLIC OF SINGAPORE
GOVERNMENT GAZETTE
ACTS SUPPLEMENT
Published by Authority

NO. 20] Friday, June 25 [2004

The following Act was passed by Parliament on 15th June 2004 and assented to by the President on 24th June 2004:—
Intellectual Property (Miscellaneous Amendments) Act 2004

(No. 21 of 2004)


I assent.

S R NATHAN,
President.
24th June 2004.
Date of Commencement: 1st July 2004
An Act to amend the Copyright Act (Chapter 63 of the 1999 Revised Edition), the Layout-Designs of Integrated Circuits Act (Chapter 159A of the 2000 Revised Edition) and the Registered Designs Act (Chapter 266 of the 2001 Revised Edition) mainly to implement certain obligations undertaken by Singapore under the United States-Singapore Free Trade Agreement (USSFTA) concluded in 2003.
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
Short title and commencement
1.  This Act may be cited as the Intellectual Property (Miscellaneous Amendments) Act 2004 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
Amendment of Copyright Act
2.  The Copyright Act (Cap. 63) is amended —
(a)
by deleting the words “50 years” in the following provisions and substituting in each case the words “70 years”:
Sections 28(2), (3), (5) and (6), 29 (1), 78 (2), 92, 93 (1) and (2), 132 (a), 185 (4)(b), 197 (3)(b), (4) and (4A), 212 and 219 (4);
(b)
by repealing Part VI;
(c)
by deleting the words “A licence” in section 194(4) and substituting the words “Subject to subsection (4A), a licence”;
(d)
by inserting, immediately after subsection (4) of section 194, the following subsection:
(4A)  A licence granted to the Government or any statutory board on or after the date of commencement of the Intellectual Property (Miscellaneous Amendments) Act 2004 in respect of any copyright by the person who, in relation to the matters to which the licence relates, is the owner of the copyright shall be binding upon every successor in title to his interest in the copyright.”;
(e)
by inserting, immediately after subsection (5) of section 194, the following subsection:
(6)  In this section, “statutory board” means any body corporate established by or under any written law to perform or discharge a public function.”;
(f)
by inserting, immediately after the words “Section 194(4)” in section 195(3), the words “and (4A)”;
(g)
by deleting the words “50 calendar years” in the definition of “protection period” in section 246(1) and substituting the words “70 calendar years”; and
(h)
by inserting, immediately after section 261, the following Part:
PART XIV
TRANSITIONAL PROVISIONS UNDER INTELLECTUAL PROPERTY (MISCELLANEOUS AMENDMENTS) ACT 2004
Interpretation of this Part
262.  In this Part —
“appointed day” means the date of commencement of section 2(a), (b), (g) and (h) of the Intellectual Property (Miscellaneous Amendments) Act 2004;
“performance” has the same meaning as in section 246.
Works published before appointed day
263.
—(1)  Copyright shall not subsist by virtue of Part III in any work first published before the appointed day unless copyright subsisted in that work immediately before that day under that Part in force immediately before that day.
(2)  Section 212 shall not apply in relation to any photograph first taken before 10th April 1987 unless copyright subsisted in that photograph immediately before the appointed day under Part III and that section in force immediately before that day.
Other subject matter published before appointed day
264.
—(1)  Copyright shall not subsist by virtue of Part IV in any sound recording or cinematograph film first published before the appointed day unless copyright subsisted in such recording or film immediately before that day under that Part in force immediately before that day.
(2)  Section 219(4) shall not apply in relation to any sound recording made before 10th April 1987 unless copyright subsisted in that recording immediately before the appointed day under sections 87(1) or (3) and 219 (4) in force immediately before that day.
Works and other subject matter published by international organisations before appointed day
265.  Copyright shall not subsist by virtue of section 185 in any work, sound recording or cinematograph film first published before the appointed day unless copyright subsisted in such work, recording or film immediately before that day under that section in force immediately before that day.
Works and other subject matter published by Government before appointed day
266.
—(1)  Subject to subsections (2), (3) and (4), copyright shall not subsist by virtue of section 197 in any literary, dramatic or musical work, sound recording or cinematograph film first published or any artistic work made before the appointed day unless copyright in such work, recording or film subsisted immediately before that day under that section in force immediately before that day.
(2)  Copyright shall not subsist by virtue of section 197 in any photograph taken before 10th April 1987 unless copyright subsisted in that photograph immediately before that day under that section, as modified by section 231, in force immediately before that day.
(3)  Copyright shall not subsist by virtue of section 197 in any sound recording made before 10th April 1987 unless copyright subsisted in that recording immediately before the appointed day under that section, as modified by section 232, in force immediately before that day.
(4)  Copyright shall not subsist by virtue of section 197 in any cinematograph film made before 10th April 1987 unless copyright subsisted in that film immediately before the appointed day under that section in force immediately before that day in accordance with section 233.
Performances given before appointed day
267.  Part XII shall not apply to a performance given before the appointed day unless the period beginning on the day when the performance was given and ending on the appointed day is less than the protection period as defined in section 246(1) in force immediately before the appointed day.”.
Amendment of Layout-Designs of Integrated Circuits Act
3.  Section 21 of the Layout-Designs of Integrated Circuits Act (Cap. 159A) is amended —
(a)
by deleting subsection (1) and substituting the following subsection:
(1)  Where the qualified owner of a right in a layout-design or an exclusive licensee brings proceedings for any infringement of a layout-design in respect of which the owner and the exclusive licensee have concurrent rights of action, the owner or the exclusive licensee, as the case may be, need not —
(a)
join the other as a plaintiff; or
(b)
add the other as a defendant,
unless the Court otherwise orders.”; and
(b)
by deleting subsection (4).
Amendment of Registered Designs Act
4.  Section 38(4) of the Registered Designs Act (Cap. 266) is amended by deleting the words “shall be made a party” and substituting the words “need not be made a party”.