The definition  of  a  trade mark is newly defined and is extended. One may register a visually perceptible "sign" so long
as  it  is capable of  being  represented  graphically and is capable of distinguishing the goods or one person from those
of another. A "sign" includes any shape but does not cover sound or smell.

The distinction between Part A  and  Part B registration is abolished with the implementation of a single Register. In its place a distinction is drawn between absolute and relative grounds of refusal and registration.

Special protection is given to well-known marks. The acts amounting to infringement of a registered trade mark are:-

using a sign identical to the mark for identical goods or services; using  a  sign  identical  to  the  mark  for similar goods or services or using a sign similar to the mark for identical or similar goods or services, if there exists a likelihood of confusion on the part of the public; using a sign identical or similar to the mark for dissimilar goods or services if the mark is a well-known mark and because  of such  use, there exists a likelihood of confusion on the part of the public and the proprietor's interest are likely to be damaged.

    Making of groundless threats of trade mark infringement is actionable.

    Parallel imports are permitted. Registration rights are exhausted once the goods have been put on the mark anywhere
    in the world under that mark by the proprietor or with his consent.

    The Director-General of Customs is empowered to restrict and control the importation of infringing goods upon written  
    notice subject to certain procedures and conditions which the proprietor of the registered trade mark must comply with.

GEOGRAPHICAL INDICATIONS ACT 1998

This new Act came into operation on 15th January 1999. It protects geographical indications defined to mean any indication used in trade to identify goods as originating from a place provided that -

the place is a qualifying country, or region or locality in the qualifying country;    a given quality, reputation or other characteristics of the goods is easily attributable to that place.    a "qualifying" country means a country or territory which is a member of the World Trade Organization or of the Paris Convention or a country as prescribed by the Minister.

The enforcement of IP rights is ascritical as its protection. We handle both civil and criminal proceedings to police
and protect trademarks.

The Trade Marks Act and Rules 1998 introduced new criteria for registrability and enforcement of trade mark rights.  It is now easier to register and enforce your trademark registrations in Singapore.
 

NEW INFORMATION TECHNOLOGY LEGISLATION

There  has  been significant  legislative  activity  over the past year in the area of Information Technology law. 1998 saw
a host of new and amended legislation introducing welcome improvements to electronic commerce, telecommunication and computer law. This article outlines some of the more significant developments :

Computer Misuse (Amendment) Act 1998 Electronic Transactions Act 1998 National Computer Board Act 1998 Layout Design of Integrated Circuits Act 1999 Telecommunication Authority of Singapore (Amendment) Act 1998