New Development in IP Law - Singapore
The Trade Marks Act was amended to give effect to the Singapore Treaty on the Law of Trade Marks (STLT), to bring greater conveniences to businesses, promote the growth of the local IP service industry and to bring trade mark practices in Singapore in line with those internationally.
1. Multiple class registration:- Prior to the amendments, registration for trade marks was based on single classes. The amendments allow for a multi-class registration for goods and services belonging to two or more classes under one registration which may be renewed. Upon the request of an applicant, trade mark application can be divided to allow him to proceed with registration of those classes of goods or services in a trade mark application that do not face opposition or objection.
2. Relief Measures:- They were introduced to alleviate procedural mistakes by trade mark applicants even when deadlines have been missed.
3. Licences for pending trade marks:- Before the amendments, only licences relating to registered trade marks could be recorded on the register. Now the registration of licences relating to pending trade mark applications is permitted.
4. Elimination of extension fee:- Before the amendments, an applicant was required to pay an extension fee for examination of the International Search Report with regard to patentability. This fee is now no longer necessary if the extension applications were due on or after August 1, 2006, and provided the international filing date of the Patent Cooperation Treaty (PCT) application was on or after July 1, 2004.
5. Right of priority:- Before the amendments, an applicant must, in accordance with the Paris Convention, claim priority within 12 months failing which the right of priority is lost. However, the amended Patents Act and Rules allow applicants to restore a right to claim priority within 14 months from the priority date along with the documentary evidence if the claim was not made within the stipulated time of 12 months.
6.Spam Control Bill:- The object of the proposed Bill is to control the bulk sending of unsolicited commercial communications (spam) by e-mail, text messaging to mobile telephone numbers, or multi-media messaging to mobile numbers. All messages have to abide by certain requirements or the sender will risk facing a civil suit. A statutory right of action is provided to all persons who can show they have suffered loss or damage as a direct or indirect result of a contravention of the proposed Act.
7. Developments in case law:- The Singapore Court of Appeal considered the statutory requirements for infringement under Section 27(2) of the Trade Marks Act. The Act reads that a person infringes a registered trade mark, if the sign is identical to goods or services similar to those for which the trade mark is already registered, use of identical trade mark creates confusion on the part of the public and trade mark is used without the consent of the proprietor.
The above decision of the Court of Appeal clarifies that the same approach is to be adopted in case of opposition proceedings. The consequences of this is that a mark that fails to secure registration as a result of opposition proceedings based on a prior registration is also likely to infringe the prior registration.
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