WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/SGP/C/9 
15 July 2009 
 (09-3452) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
SINGAPORE 
   The present document reproduces the text
1 of the Copyright (Border Enforcement Measures) 
Regulations, as notified by Singapore on 15 Apr il 2009 under Article 63.2 of the Agreement (see 
document IP/N/1/SGP/4). 
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
  
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
SINGAPOUR 
   Le présent document contient le texte
1 du Règlement sur le droit d'auteur (Mesures visant à 
faire respecter les droits à la frontière), notifié par Singapour le 15 avril 2009 au titre de l'article 63:2 
de l'Accord (voir le document IP/N/1/SGP/4).  
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
SINGAPUR 
 
  En el presente documento se reproduce el texto
1 del Reglamento de derecho de autor 
(medidas de observancia en la frontera), notif icado por Singapur el 15 de abril de 2009 de 
conformidad con el párrafo 2 del artículo 63 de l Acuerdo (véase el documento IP/N/1/SGP/4). 
                                                      
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/SGP/C/9 
Page 2  
 
  Requested version was 31 Mar 2009; Closest available version is 18 Apr 2005; Generated on 31 Mar 2009 15:32:49(GMT+8). 
 
  Front Page  [ Jump to: Front Page  / Arrangement of Provisions  / Actual Provisions  ] 
 
 
COPYRIGHT ACT 
 
(CHAPTER 63, SECTION 140B (8)) 
 
COPYRIGHT (BORDER ENFORCEMENT  
MEASURES) REGULATIONS 
 
 
 
 History  G.N. No.S 
224/98 -> RG5 
2002 
REVISED 
EDITION 
 
 
[16th April 1998]   
 
  Arrangement of Provisions  [ Jump to: Front Page  / Arrangement of Provisions / Actual Provisions ]
  
 
  1 Citation
 
2 Definition  
3 Notice under section 140B (1), or section 1 40B (1) read with section 254B, of Act  
4 Time and manner of giving notice  
5 Further information and evidence  
6 Change in particulars  
7 Refusal to seize  
8 Period for instituting action for infringement of copyright  
9 Period for extension of retention period  
10 Prescribed period under section 140LA (3) of Act  
 
THE SCHEDULE  
 
 
 
   
  Actual Provisions   [ Jump to: Front Page  / Arrangement of Provisions / Actual Provisions ]  
   IP/N/1/SGP/C/9 
 Page 3 
 
 
  COPYRIGHT ACT 
 
(CHAPTER 63, SECTION 140B (8)) 
 
COPYRIGHT (BORDER ENFORCEMENT MEASURES) 
REGULATIONS 
 
[16th April 1998]   
  
Citation 1.—These Regulations may be cited as the Copyrigh t (Border Enforcement Measures) Regulations.  
 
Definition 
2.—For the purposes of these Regulations, “authorised  officer”, “copyright material” and “Director-
General” have the same meaning respec tively as in section 140A of the Act.  
 
Notice under section 140B (1), or section 140B (1) read with section 254B, of Act 
3.—(1)   A notice to the Director-General unde r section 140B(1), or section 140B(1) read with 
section 254B, of the Act shall —   
(a)  where the notice is given by the owner or licensee of the copyright in the copyright 
material, be in Form 1 in the Schedule; and   (b)  where the notice is given by the performer  of a performance embodied in an unauthorised 
recording, be in Form 2 in the Schedule.  
 
(2)   The notice shall be accompanied by —   
(a)  a statutory declaration that the particulars in the notice are correct; and   (b)  the fee of $200 specified in item (1) in th e Schedule to the Fees (Copyright Act — Border 
Enforcement Measures) Order (Cap. 106, O 40A).  
 (3)   The owner or licensee of the copyright in th e copyright material may appoint another person to 
act as his agent for the purpose of giving the notice.    
(4)   Where the notice is given in relation to an unauthorised recording of a performance, the 
performer of the performance embodied in the unaut horised recording may appoint another person to 
act as his agent for the purpose of giving the notice.    
Time and manner of giving notice 
4.—A notice to the Director-General under sec tion 140B(1), or section 140B(1) read with 
section 254B, of the Act shall be delivered to the Singapore Customs —   
(a)  during such time as the office of the Singapore Customs is open for business; and  
 (b)  at such time as is reasonably possible for an authorised officer to take any action under 
the Act in relation to the notice.  
 IP/N/1/SGP/C/9 
Page 4  
 
  Further information and evidence 
5.—(1) A person who has given a notice to the Directo r-General in relation to any copyright material 
shall, as and when required by the Director-General , give to the Director-General such information 
and evidence within such time and in such form as the Director-Gen eral may require including such 
information and evidence as the Director -General may require to establish —  
 
(a)  the subsistence of copyright in the copyright material;   (b)  the ownership of that copyright;   
(c)  that goods to be seized, or which have been seized, are copies of the copyright material to 
which section 140B of the Act applies; and   (d)  where the notice was given by a pers on as agent for the owner or licensee of 
the copyright, the authority of the person giving the notice.  
 
(2)   Where a notice is given to the Director-Gen eral in relation to any unauthorised recording of 
a performance, the person who has given the notice shall, as and when required by the Director-
General, give to the Director-General such info rmation and evidence within such time and in such 
form as the Director-General may require including  such information and evidence as the Director-
General may require to establish —  
 
(a)  that the performance is protected under Part XII of the Act and the protection period in respect of the performance has not expired;   (b)  the identity of the performer of the perfo rmance embodied in the unauthorised recording;  
 
(c)  that goods to be seized, or which have been seized, are copies of an unauthorised 
recording of a performance to which section 140B  read with section 254B of the Act applies; 
and   (d)  where the notice was given by a person as ag ent for the performer of the performance, the 
authority of the person giving the notice.  
 
Change in particulars 
6.—A person who has given a notice to the Directo r-General shall notify the Director-General in 
writing of any change in the particulars specified in the notice or affecting the notice within 7 days of 
the change and further notice shall be gi ven as the Director-General may require.  
 
Refusal to seize 
7.—An authorised officer may refuse to seize copies of any copyright material or copies of an 
unauthorised recording of a performance to wh ich a notice under section 140B(1), or section 140B(1) 
read with section 254B, of the Act relates if th e person who has given the notice fails to comply 
with —  
 
(a)  any requirement by the Director-General under these Regulations; or   (b)  any provision of these Regulations.  
 
Period for instituting action for infringement of copyright 
8.—For the purposes of section 140E (3) of the Ac t, the prescribed period is 10 working days.  
  IP/N/1/SGP/C/9 
 Page 5 
 
 
  Period for extension of retention period 
9.—For the purposes of section 140E (6) of the Act, the prescribed period is 10 working days after the 
end of the retention period mentioned in that subsection.   
Prescribed period under section 140LA (3) of Act 
10.—For the purposes of section 140LA (3) of the Act, the prescribed period shall be —  
 
(a)  48 hours after the Director-General has give n the owner of the copyright in the copyright 
material or the performer of the performance embodied in an unauthorised recording, as 
the case may be, the written notice referred to in section 140LA (2) of the Act; or  
 
(b)  where —  
 
(i)  the detained copies of copyright material or unauthorised recording of a performance, as the case may be, are copies th at are to be exported from Singapore or 
goods in transit that are consigned to a person with a commercial or physical 
presence in Singapore; and   (ii)  the owner of the copyright or the performer of the performance embodied in the unauthorised recording, as the case may be, has complied with section 140LA (3) (b) (iii), or section 140LA (3) ( b) (iii) read with section 254B, of the Act within the 
period referred to in paragraph ( a),  
 
10 working days after the Director-General h as given the owner of the copyright in the 
copyright material or the performer the written notice referred to in section 140LA (2) of the 
Act.  
 IP/N/1/SGP/C/9 
Page 6  
 
   
  
THE SCHEDULE 
Regulation 3 
 
FORM 1 
NOTICE UNDER SECTION 140B(1) OF TH E COPYRIGHT ACT (CHAPTER 63) IN 
RESPECT OF COPYRIGHT MATERIAL 
 
Please read these notes before completing the notice  
1.  This notice may only be given by the owner or  licensee of the copyright in a literary, dramatic, 
musical or artistic work, a sound recording, a cine matograph film, a published edition of a work or a 
television or sound broadcast. 
2.  Unless otherwise indicated, the notice must contain sufficient particulars of all matters specified 
therein and in Appendices 1 and 2 to enable the Di rector-General of Customs to act on it. Please 
follow the instructions in the Explanator y Notes below when filling up the notice. 
3.  A statutory declaration that the contents of the notice are true is to be enclosed with the notice. 
4.  A fee of $200 is payable on giving the notice. 5.  Where more than one copyright material is involved, the information in Appendix 1 must be 
given in respect of each copyright material. 
6.  You are required to provide the Director-General of Customs with security (whether by way of 
deposit of money, an instrument of guarantee or otherwise) that is sufficient to — 
(a) reimburse the Government for any liability or  expense which it may incur as a result of 
seizing the goods; and 
(b) compensate any person suffering damage as a result of the seizure, 
in accordance with section 140C of the Copyright Ac t.  Please note that you will be responsible for 
any liability or expense which exceeds the amount of the security. 
7.  Please note that the notice lapses within 60 days commencing on the day of the giving of the 
notice, or the end of the period for which copyright in  the copyright material is to subsist, whichever 
is the earlier.  IP/N/1/SGP/C/9 
 Page 7 
 
 
  NOTICE 
To the Director-General of Customs: 
 1.  I, __________________ 
(1), hereby give you notice that — 
(a) copyright in the copyright material(s) menti oned in Appendix 1 to this Notice now subsists 
under the Copyright Act (Cap. 63); and 
(b) _______________ (2) *the owner/*licensee of the copyright in the copyright material(s) and 
object(s) to the import into Singapore of copies of the copyright material(s) as described in 
Appendix 2 to this Notice. 
2.  To the best of my knowledge and belief — 
(a) the importer of the goods is _____________________(3); and 
(b) the particulars of the time when and place wh ere the copies of the copyright material(s) are 
expected to be imported into Singapore are as follows(4): 
  
3.  The said copies are copies of the copyright material(s) to which 
section 140B of the Copyright Act applies because — 
(a) they are copies made, wholly or partly, out side Singapore the making of which was without 
the consent of the owner of the copyright within the meaning of section 25(3) of the Copyright Act; and 
(b) they are not goods in transit within the meaning of section 140A of the Copyright Act. 
4.  I hereby request that the said copies be dealt with in accordance with Division 6 of Part V of the 
Copyright Act. 
 
Date:   Signature: 
 
 Designation
(5): 
 
*Delete whichever is inapplicable IP/N/1/SGP/C/9 
Page 8  
 
  Explanatory Notes
 
(1) State the name and address of the person giving the notice. 
(2) If the Notice is given by the owner or licensee of  the copyright, insert “I am”; if given by an 
agent, insert the name of the ow ner or licensee and the word “is”. 
(3) Insert the full name and address of the importer. 
(4) State — 
(a) the estimated date of arrival of the copies of the copyright material(s); 
(b) the name of the port, airport or checkpoint by  which the copies of the copyright material(s) 
are expected to be imported into Singapore; 
(c) the name of the ship, the flight number of the aircraft or the vehicle registration number of 
the motor vehicle by which the copies of the copyright material(s) are expected to be 
imported into Singapore; and 
(d) where available — 
 (i) the country of origin of the copies of the copyright material(s); and  (ii) any other information which may indi cate the actual time when and place where the 
copies of the copyright material(s) will be imported into Singapore. 
(5) State the designation of the person giving the notice,  i.e. “copyright owner”, “licensee”, “agent of 
copyright owner” or “agent of licensee”.  If the notice is given on behalf of a company, insert the 
name of the company and the designation within the company of the person giving the notice. 
APPENDIX 1 
Type of copyright material(s): (literary work /dramatic work/musical work/artistic work/sound 
recording/cinematograph film/published edition of a work/television broadcast/sound broadcast) 
 Description of copyright material(s):  Full name of *owner/*licensee of copyright in the copyright material(s):  
 
Date of expiry of copyright: 
 
  
*Delete whichever is inapplicable  IP/N/1/SGP/C/9 
 Page 9 
 
 
  APPENDIX 2 
Provide sufficient information to describe and identify the copies of th e copyright material, 
including, where available, particulars of — 
(a) the quantity and value of the copies; 
(b) the number of packages; 
(c) any mark used; 
(d) any relevant bill of lading or airway bill; and 
(e) any relevant consignment reference number. 
 
 IP/N/1/SGP/C/9 
Page 10  
 
   
FORM 2 
NOTICE UNDER SECTION 140B(1) READ WITH SECTION 254B 
OF THE COPYRIGHT ACT (CHAPTER 63) IN RESPECT OF UNAUTHORISED 
RECORDING OF PERFORMANCE 
Please read these notes before completing the notice  
1.  This notice may only be given by the perform er of a performance embodied in an unauthorised 
recording.  
2.  Unless otherwise indicated, the notice must contain sufficient particulars of all matters specified 
therein and in Appendices 1 and 2 to enable the Di rector-General of Customs to act on it. Please 
follow the instructions in the Explanator y Notes below when filling up the notice. 
3.  A statutory declaration that the contents of the notice are true is to be enclosed with the notice. 
4.  A fee of $200 is payable on giving the notice. 5.  Where more than one performance is embodied in an unauthorised recording, the information in 
Appendix 1 must be given in respect of each performance so embodied. 
6.  You are required to provide the Director-General of Customs with security (whether by way of 
deposit of money, an instrument of guarantee or otherwise) that is sufficient to — 
(a) reimburse the Government for any liability or  expense which it may incur as a result of 
seizing the goods; and 
(b) compensate any person suffering damage as a result of the seizure, 
in accordance with section 140C read with section 254B of the Copyright Act.  Please note that you 
will be responsible for any liability or expe nse which exceeds the amount of the security. 
7.  Please note that the notice lapses within 60 days commencing on the day of the giving of the 
notice, or the end of protection period fo r the performance, whichever is the earlier. 
NOTICE 
To the Director-General of Customs: 
 1.  I, __________________ 
(1), hereby give you notice that — 
(a) the performance(s) mentioned in Appendix 1 to this Notice is protected under Part XII of 
the Copyright Act (Cap. 63) and the protection period in respect of the performance has not expired; and 
(b) _______________ 
(2) the performer of the performance and object(s) to the import into 
Singapore of copies of the unauthorised record ing of the performance(s) as described in 
Appendix 2 to this Notice. 
2.  To the best of my knowledge and belief — 
(a) the importer of the copies of unauthorised recording of the performance(s) is 
_____________________(3); and  IP/N/1/SGP/C/9 
 Page 11 
 
 
  (b) the particulars of the time when and place where the copies of the unauthorised recording 
of the performance(s) are expected to be imported into Singapore are as follows(4): 
  
3.  The said copies are copies of an unauthorised recording of the perform ance(s) to which section 
140B read with section 254B of the Copyright Act applies because — 
(a) they are copies made, wholly or partly, out side Singapore the making of which was without 
the authority of the performer of the pe rformance embodied in the recording; and 
(b) they are not goods in transit within the meaning of section 140A of the Copyright Act. 
4.  I hereby request that the said copies be dealt with in accordance with Division 6 of Part V read 
with section 254B of the Copyright Act. 
 Date:   
Signature: 
  Designation
(5): 
  
 
 Explanatory Notes
 
(1) State the name and address of the person giving the notice. 
(2) If the Notice is given by the performer, insert “I am ”; if given by an agent, insert the name of the 
performer and the word “is”.  
(3) Insert the full name and address of the importer. 
(4) State — 
(a) the estimated date of arrival of the copies of the unauthorised recording of the 
performance(s); 
(b) the name of the port, airport or checkpoint by which the copies of the unauthorised 
recording of the performance(s) are expe cted to be imported into Singapore; 
(c) the name of the ship, the flight number of the aircraft or the vehicle registration number of 
the motor vehicle by which the copies of the unauthorised recording of the performance(s) 
are expected to be imported into Singapore; and 
(d) where available — 
 (i) the country of origin of the copies of the unauthorised recording of the 
performance(s); and IP/N/1/SGP/C/9 
Page 12  
 
   (ii) any other information which may indi cate the actual time when and place where the 
copies of the unauthorised recording of th e performance(s) will be imported into 
Singapore. 
(5) State the designation of the person giving the notice,  i.e. “the performer”, or “agent of performer”.  
If the notice is given on behalf of a company, in sert the name of the company and the designation 
within the company of the person giving the notice. 
 
APPENDIX 1 
 
Description of performance(s): 
 
Full name(s) of performer(s) in the performance(s):   Date of expiry of protection period of performance(s) : 
 
 
 
*Delete whichever is inapplicable  IP/N/1/SGP/C/9 
 Page 13 
 
 
  APPENDIX 2 
Provide sufficient information to describe and identi fy the copies of the unauthorised recording, 
where available, particulars of — 
(a) the quantity and value of the copies; 
(b) the number of packages; 
(c) any mark used; 
(d) any relevant bill of lading or airway bill; and 
(e) any relevant consignment reference number.”. 
  
__________