World Intellectual Property - IP Laws - Singapore
Legal Developments in IP Laws:
Despite changes made in 2004 and 2005 in IP laws, there were still a number of important developments as well as several new laws that are expected to become law sometime in 2006. An overview of some of these developments are amendments to Trade Marks Act, Registered Designs Rules, Electronic Transactions Act (Information Technology), etc.
Trade Marks:
Amendments to Singapore Trade Marks Act and Rules were made that came into force on January 1, 2006. The Act requires the payment of official fees of US$100 for the second and subsequent extension of time to file evidence in relation to opposition/revocation/invalidation/rectification proceedings, nominal increase in the official filing fees for trade mark applications from US$306 to 336, increase in the scale of costs for contentious trade mark proceedings before the Registry and restoration of applications treated as withdrawn within the specified period of three months from the date of the registration, etc. Service of documents on the Intellectual Property Office of Singapore (IPOS) may now be effected by facsimile. However, the burden of proving the legibility and completeness of the document lies with the person sending the documents.
Patents:
Some amendments which were procedural in nature, were made to the Singapore Patents Rules that came into effect on April 2005. An amendment clarified about the filing of a block extension request to move to the slow track in 39 months from the declared priority date or the date of filing the application. Another amendment was made to allow the Registry flexibility to specify what forms and documents are to be filed electronically via the online system and the manner in which they are to be filed. The Registry of patents has since issued the Electronic Online Service to support the EOS-related amendments to the Patents Rule with an aim to enhance the administrative efficiency and provide users of this service with a simplified reference framework. Another amendment was effected to make the Patents Rules more reader-friendly for easier referencing and reading of the service bureau fee schedule. A new feature is introduced which provides direct communication between the patent agents/applicants/patentees and the Singapore Examiners Office to seek clarification on the objections and comments raised in the Written Opinions issued by the examiner.
Designs:
The Registered Design Rules were amended to allow for the introduction of eDesigns - the online filing of design applications and transactions and an online design search system.
Information Technology:
Some legal developments in the info-communications industry were made which include the introduction of new regulations concerning network service providers' civil liability under the Copyright Act. The Singapore government's proposed legislative framework for the control of spam, and the final stage of the review of the Electronic Transactions Act, etc. Under the revised law, NSPs are given immunity against damages provided they expeditiously take down or disable access to infringing materials on receiving a notice from the copyright owner. With regard to Competition Act, the Competition Commission of Singapore issued certain guidelines. One of the guidelines was on the treatment of intellectual property rights which provides guidance to businesses on how IP rights, in particular their licensing and exploitation, will be treated within the framework of the new law.
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