Our current Trade Marks Act came into force on 15 January 1999 and it is modeled after the UK Trade Marks Act of 1994. The Act is largely TRIPS compliant. Singapore acceded to the Madrid Protocol on 31 October 2000.

The general information required for filing a trade mark application in Singapore is as follows:

	Full name and address of the applicant
	A clear representation of the mark
	The class and specification of goods and or services. We conform to the International Classification of Goods and Services.
	No Power of Attorney is required

The Patents Act 1995 came into force on 23 February 1995. On that day, Singapore also acceded to the Paris Convention, the Patent Co-operation Treaty and the Budapest Treaty. Prior to February 23, 1995, patent protection in Singapore was accorded by re-registering a granted United Kingdom patent or European Patent Office patent designating the UK in Singapore within three years of such grant.

The Geographical Indications Act was also enacted in 1999. It will allow a producer or trader of goods identified by a geographical indication to bring an action in respect of certain uses of the indication. There is no registration procedure.

Domain names ending with ".sg" are registered with the Singapore Network Information Centre. Foreign entities who wish to register ".sg" domain names must appoint a local party as its representative. We assist our clients in registering ".sg" domain names and also act as the local representative for foreign entities.

If a domain name is registered which is identical or similar to a trademark, it may be possible to reclaim the domain name. We also prosecute registration of domain names as trade marks, which enables the proprietors to sue for trade mark infringement if their domain names are improperly used by others.

In appropriate cases, we assist clients to register their business or corporate names at the Registry of Companies and Businesses. Such a registration has the effect of preventing others from registering identical or similar business or corporate names with the Registry. In appropriate cases, the owner of a well-known trademark may apply to the Registry to change the name of a company or business using the said mark

It is possible to protect unregistered trade marks and the distinctive get-up of goods or businesses through the common law tort of passing-off. However, this cause of action is more difficult to sustain than infringement of a registered trade mark and it is for this reason that we encourage clients to register their trade marks.

Copyright protects the original expression of ideas. There is no registration procedure for copyright in Singapore. Generally, for copyright to subsist in an artistic, musical, literary or dramatic work in Singapore, the work must be created by a Singapore citizen or permanent resident or be first published in Singapore. Singapore acceded to the Berne Convention in December 1998 and consequently, copyright protection in Singapore is extended to works first published in Berne convention countries or works created by authors who are nationals of those countries. In addition, our copyright laws generally comply with TRIPS.

On 13 November 2000, a new law for registered designs came into force in Singapore. It will now be necessary to file at the Singapore Design Registry in order to protect one's designs. Under the new law, it will not be possible to rely on copyright in the underlying artistic works to protect an unregistered design. Designs are valid for 5 years and may be extended for a further 10 years.

Designs which have been registered in the United Kingdom or applied for there prior to 13 November 2000 (and subsequently granted) will be protected in Singapore. However, at the expiry of the rights in the United Kingdom, it will be necessary to file for an extension at the Singapore Registry in order for the rights to continue to exist here.

Trade secrets may in appropriate cases be protected through the law of confidential information. However, there is often a dispute as to what information is confidential and what information is not. In the circumstances, we often advise our clients to enter into contractual arrangements which will reduce the risk of uncertainty

Our work also includes advising clients on and drafting licence and franchise agreements. These agreements are mechanisms by which the proprietors of intellectual property rights authorise and grant to third parties the right to use their copyright, registered trademarks, designs or patents, or protected information under certain terms.

Our litigation laws and procedures are generally modelled on the English system. Nowadays, once a civil suit has been instituted in the Singapore courts, clients may expect the action to be tried and heard within a year. In appropriate cases, ex-parte interim injunctions can be obtained on an immediate basis to protect clients against imminent and grave prejudice.

The most important civil remedies in intellectual property actions are permanent injunctions, awards of damages and legal costs to the Plaintiff, and discovery of information in the Defendant’s possession relating to the action. In addition, in cases of copyright infringement, it is possible to pursue exemplary damages in cases where the Defendant has flagrantly infringed the Plaintiff’s rights.

Both trade mark and copyright infringement, in addition to being civil wrongs, are criminal offences. The criminal process commences with a raid conducted under a search warrant issued pursuant to the Criminal Procedure Code. The criminal search warrant process is more efficient and less expensive than the civil counterpart - Anton Piller orders. Singapore also has in place legislation allowing for border seizures of infringing articles by customs officials.

Both trademark and copyright infringement are punishable with a maximum fine of S$100,000 or five years’ imprisonment or both. The courts are increasingly harsh in their sentencing in respect of infringement of intellectual property matters.

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