WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/SGP/I/1 
16 July 2009 
 (09-3505) 
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 Intellectual Property Office of Singapore 
Act, as notified by Singapore on 15 April 2009 un der 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 de la Loi sur le Bureau de la propriété intellectuelle de 
Singapour , notifiée par Singapour le 15 avril 2009 au titr e 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 texto1 de la Ley de la Oficina de Propiedad 
Intelectual de Singapur, notificada por Singapur el 15 de abril de 2009 de  conformidad con el 
párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/SGP/4). 
  
                                                     
 
1 In English only./En anglais seulement./En inglés solamente. 
 IP/N/1/SGP/I/1 
Page 2  
 
   
Requested version was 31 Mar 2009; Closest available version is 15 Dec 2004; Generated on 31 Mar 2009 15:13:25(GMT+8).  
  Front Page  [ Jump to: Front Page  / Arrangement of Provisions  / Actual Provisions  ]
 
INTELLECTUAL PROPERTY OF FICE OF SINGAPORE ACT 
(CHAPTER 140) 
 
History  Act 3 of 2001  
->2002 
REVISED 
EDITION 
 
   
An Act to establish and incorporate the Intelle ctual Property Office of  Singapore, to provide 
for its functions and powers, and for matters connected therewith.  
[1st April 2001]   
 
  Arrangement of Provisions  [ Jump to: Front Page  / Arrangement of Provisions / Actual Provisions ]
  
 
PART I  
PRELIMINARY  
1 Short title  
2 Interpretation  
PART II  
ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF OFFICE  
3 Establishment and incorporation of Intellectual Property Office of Singapore  
4 Common seal  
5 Constitution of Office  
PART III  
FUNCTIONS, DUTIES AND POWERS OF OFFICE  
6 Functions and duties of Office  
7 Powers of Office  
8 Directions by Minister  
9 Appointment of committees and delegation of powers  
PART IV  
PROVISIONS RELATING TO STAFF  
10 Appointment of Chief Executive and employees  
11 Protection from liability  
12 Public servants  
PART V  
FINANCIAL PROVISIONS  
13 Funds and property of Office  
14 Application of moneys  
15 Bank accounts and application of revenue  
16 Annual estimates   IP/N/1/SGP/I/1 
 Page 3 
 
 
  17 Power of investment  
18 Grants  
19 Power to borrow  
19A Issue of shares, etc.  
20 Other financial provisions  
PART VI  
TRANSFER OF PROPERTY, ASSETS, LIABILITIES AND EMPLOYEES  
21 Transfer to Office of property, assets and liabilities  
22 Transfer of employees  
23 Service rights, etc., of transferred employees to be preserved  
24 Existing contracts  
25 Pending proceedings  
26 Continuation and completion of disciplinary proceedings  
27 Misconduct or neglect of duty by employee before transfer  
PART VII  
MISCELLANEOUS  
28 Annual report  
29 Symbol or representation of Office  
30 Powers of enforcement  
31 Offences committed by bodies corporate, etc.  
32 Jurisdiction of court  
33 Composition of offences  
34 Proceedings conducted by officers of Office  
35 Power of Minister to amend Third Schedule  
36 Preservation of secrecy  
37 Rules  
38 Consequential amendments to other written laws  
 
FIRST SCHEDULE   
 
SECOND SCHEDULE   
 
THIRD SCHEDULE   
 
LEGISLATION HISTORY  
 
 
  Actual Provisions  [ Jump to: Front Page  / Arrangement of Provisions / Actual Provisions ]
 IP/N/1/SGP/I/1 
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INTELLECTUAL PROPERTY OF FICE OF SINGAPORE ACT  
 
(CHAPTER 140) 
 
An Act to establish and incorporate the Intelle ctual Property Office of  Singapore, to provide 
for its functions and powers, and for matters connected therewith.  
[1st April 2001]   
 
PART I 
 
PRELIMINARY 
 
Short title 
1.—This Act may be cited as the Intellect ual Property Office of Singapore Act.  
 
Interpretation 
 
2.—In this Act, unless the context otherwise requires —  
 
"Chairman" means the Chairman of the Office and includes any temporary Chairman of the 
Office;   
"Chief Executive" means the Chief Executive of the Office appointed under section 10 and 
includes any person acting in that capacity;   "Copyright Tribunal" means the Copyright Tribunal established under Part VII of the 
Copyright Act (Cap. 63);   
"debenture" includes debenture stock;  
 "Deputy Chairman" means the Deputy Chairman of the Office and includes any temporary 
Deputy Chairman of the Office;   
"intellectual property adviser" means any pe rson who in the course of his profession or 
business provides legal or other advice relating to any intellectual property, including advice 
given in relation to an application for prot ection of an intellectual property whether in 
Singapore or elsewhere;   "intellectual property agent" means a person acting on behalf of another —    
 
(a)  in connection with the application for or obtaining of a patent or any procedure 
relating to a patent under the Patents Act (Cap. 221);   (b)  in connection with the registration of a trade mark or any procedure relating to a 
registered trade mark under the Trade Marks Act (Cap. 332); or  
  IP/N/1/SGP/I/1 
 Page 5 
 
 
  (c)  in connection with the registration of a design or any procedure relating to a 
registered design under the Registered Designs Act (Cap. 266);   
"member" means a member of the Office;  
 
"Office" means the Intellectual Property Offi ce of Singapore established under section 3;  
 "securities" , in relation to a company, includes shares, debentures, bonds and other securities of the company, whether or not constituting a charge on the assets of the company;   
"shares" includes stocks.  
 
PART II 
 
ESTABLISHMENT, INCORPORAT ION AND CONSTITUTION  
OF OFFICE  
 
Establishment and incorporation of In tellectual Property Office of Singapore 
3.—There is hereby established a body to be know n as the Intellectual Property Office of Singapore 
which shall be a body corporate with perpetual su ccession and a common seal and shall, by that name, 
be capable of —   
(a)  suing and being sued;  
 (b)  acquiring, owning, holding and developing or disposing of property, both movable and 
immovable; and   
(c)  doing and suffering such other acts or things as a body corporate may lawfully do and 
suffer.   
Common seal 
4.—(1) The Office shall have a common seal and such seal may from time to time be broken, 
changed, altered or made anew as the Office thinks fit.   
 
(2)   All deeds and other documents requiring the seal of the Office shall be sealed with the common 
seal of the Office.    (3)   All instruments to which the common seal is affixed shall be signed by the Chief Executive and 
one officer of the Office or by any 2 officers of th e Office generally or specially authorised by the 
Chief Executive for that purpose.    (4)   All courts, judges and persons acting judicially  shall take notice of the common seal of the Office 
affixed to any document and shall presume that it was duly affixed.   
 
Constitution of Office 
5.—(1)   The Office shall consist of —  
 
(a)  a Chairman;   
(b)  a Deputy Chairman; and  
 IP/N/1/SGP/I/1 
Page 6  
 
  (c)  not less than 8 and not more than 20 other members as the Minister may from time to 
time determine.   
(2)   The First Schedule shall have effect with resp ect to the Office, its members and its proceedings.   
 
 
PART III 
 
FUNCTIONS, DUTIES AN D POWERS OF OFFICE  
 
 
Functions and duties of Office 
6.—(1)   Subject to the provisions of this Act, it shall be the function and duty of the Office —  
 
(a)  to administer the systems in Singapore for the protection of intellectual property;  
 
(b)  to provide administrative support services to the Copyright Tribunal in the performance of the Tribunal’s functions under the Copyright Act (Cap. 63);   (c)  to maintain and provide access by the public  to documents and information relating to any 
intellectual property kept or maintained by the Office;  
 
(d)  to promote public awareness and effec tive use of intellectual property rights;  
 (e)  to represent the Government internationall y on matters related to intellectual property;  
 
(f)  to advise and make recommendations to the Government on matters related to intellectual 
property;   (g)  to advise and make recommendations to the Government on the recognition, accreditation 
and conduct of persons acting as in tellectual property agents or intellectual property advisers, 
and exercise any regulatory functions over them;  
 
(h)  to promote or assist in the development of the profession of intellectual property agents 
and intellectual property advisers in Singapore;   (i)  to promote and facilitate the training of pe rsons desiring to be intellectual property agents 
in Singapore;  
 (j)  to manage technical co-operation and exch ange in the area of intellectual property with 
other persons and organisa tions, including foreign inte llectual property offices and 
international inter-governmental organisations , on its own behalf or  on behalf of the 
Government;  
 
(k)  to provide advice, training and assistance  in relation to intellectual property to any 
Government department or statutory board , or to authorities of other countries and 
territories which administer intellectual property laws; and   
(l)  to exercise any other functions and duties conferred on the Office by or under this Act or 
any other written law.    IP/N/1/SGP/I/1 
 Page 7 
 
 
  (2)   The Office may undertake such other functions as the Minister may assign to the Office and in so 
doing, the Office shall be deemed to be fulfilling th e purposes of this Act, and the provisions of this 
Act shall apply to the Office in respect of such functions.    (3)   Nothing in this section shall be construed as imposing on the Office, directly or indirectly, any 
form of duty or liability enforceable by  proceedings before any court.   
 
Powers of Office 
7.—(1)   The Office shall have the power to do anything for the purpose of discharging its functions 
under this Act or any other written law, or wh ich it may consider advantageous, necessary or 
convenient to the discharge of those functions and, in particular, may —  
 
(a)  administer systems for the protection of patents, trade marks and designs;   (b)  prescribe, regulate or implement measures and standards on any matter related to or 
connected with intellectual property;  
 (c)  accredit or certify, and regulate any person as an intellectual property agent or intellectual 
property adviser;   (d)  levy such charges or fees as may be reas onable for services and facilities provided by the 
Office;  
 (e)  subscribe for or acquire any securities and shares of an incorporated company or other 
body corporate, procure its admission to membership of an incorporated company limited by guarantee and not having a share capital, promote the formation of an incorporated company 
or participate in the promotion of such comp any or acquire an undertaking or part of an 
undertaking;   (f)  form or participate in the formation of  any company or in any joint venture as a 
shareholder or partner or in any other capacity , with any firm, body corporate, society or 
institution for the purposes of this Act or any other written law;  
 
(g)  carry out such other works or activities as may appear to the Office to be requisite, 
advantageous or convenient, with a view to making the best use of any of the assets of the Office;   
(h)  engage, in conjunction with other authoriti es, international agencies or organisations, in 
any study or co-operation project related to intellectual property or in the promotion of 
intellectual property;   (i)  enter into contracts for the supply of goods or materials or for the execution of works as may be necessary for the discharge of any of its duties and functions;  
 
(j)  provide financial loans, advances, grants, ai d or assistance to any person for all or any of 
the purposes of this Act;   (k)  use the services, records, facilities or pe rsonnel of any local, foreign or international 
agency, organisation or other body in the discharge by the Office of any of its duties and 
functions;   (l)  operate such agency services as the Office may think fit and employ such number of agents to do anything that the Office may do;  IP/N/1/SGP/I/1 
Page 8  
 
   
(m)  provide bursaries, scholarships and training grants in the fields of intellectual property;   (n)  receive donations, grants, gifts, subsidi es and contributions from any source and raise 
funds by all lawful means;  
 
(o)  make provision for gratuities, pensions, allowances or other benefits for employees or 
former employees of the Office;   (p)  grant or guarantee loans to officers or employees of the Office for any purpose 
specifically approved by the Office;  
 (q)  provide recreational facilities and prom ote recreational activities for, and activities 
conducive to, the welfare of officers and empl oyees of the Office and members of their 
families; and  
 
(r)  do such other acts as are incidental to any of its functions and powers.   
(2)   This section shall not be construed as limiti ng any power of the Office conferred by or under any 
other written law.    Directions by Minister 
8.—(1)   The Minister may give to the Office such directions, not inconsistent with the provisions of 
this Act, as he thinks fit as to the performance of its functions and the exercise of its powers, and the 
Office shall give effect to such directions.    
(2)   The Office shall furnish the Minister with such information in respect of its property and 
activities in such manner and at such times as the Minister may require.    
Appointment of committees and delegation of powers 
9.—(1)   The Office may appoint from amongst its  own members or other persons who are not 
members such number of committees as it thinks f it consisting of members or other persons, or 
members and other persons for purposes which, in th e opinion of the Office, would be better regulated 
and managed by means of such committees.    (2)   The Office may, subject to such conditions or r estrictions as it thinks fit, delegate to any such 
committee or to the Chairman or Chief Executive or to any other member, officer or employee of the 
Office, any of the functions or powers of the Offi ce under this Act or any other written law, except the 
power of delegation conferred by this section.    (3)   No delegation under this section shall prev ent the performance or exercise of any function or 
power by the Office.    
 
PART IV 
 
PROVISIONS RELATING TO STAFF  
 
Appointment of Chief Executive and employees  10.—(1)   The Office shall, with the approval of the Minister, appoint a Chief Executive of the Office 
on such terms and conditions as the Office may determine.     IP/N/1/SGP/I/1 
 Page 9 
 
 
  (2)   The Chief Executive shall —  
 
(a)  be known by such designation as the Office may determine;   (b)  be responsible to the Office for the proper administration and management of the 
functions and affairs of the Office in accordance with the policy laid down by the Office; and  
 (c)  not be removed without the consent of the Minister.   
(3)   If the Chief Executive is unable to perform his duties for any period by reason of absence from 
Singapore, illness or for any other reason, another pers on may be appointed by the Office to act in the 
place of the Chief Executive during such period.    (4)   The Office may from time to time appoint or employ, on such terms and conditions as the Office 
may determine, such other employees, consultants and agents as may be necessary for the effective 
performance of its functions.   
 
Protection from liability 
11.—(1)   No suit or other legal proceedings sha ll lie personally against any member, officer or 
employee of the Office or any other person acting under  the direction of the Office for anything which 
is in good faith done or intended to be done in the execution or purported execution of this Act.   
 
(2)   Where the Office provides a service to the public whereby information is supplied to the public 
pursuant to any written law, neither the Office nor any of its officers or employees involved in the 
supply of such information shall be liable for an y loss or damage suffered by any member of the 
public by reason of any error or omission of whatev er nature appearing therein or however caused if 
made in good faith and in the ordinary course of the discharge of the duties of such officer or 
employee.    
Public servants 
12.—All members, officers and employees of the Office shall be deemed to be public servants for the 
purposes of the Penal Code (Cap. 224).  
 
 
PART V  
 
FINANCIAL PROVISIONS  
 
Funds and property of Office 
13.—The funds and property of the Office shall consist of —  
 
(a)  grants made under section 18;   
(b)  all fees, fines and composition fines paid into the funds of the Office under any written 
law;   (c)  all moneys paid to the Office for the purposes of the Office;   
(d)  all moneys paid to the Office by wa y of grants, subsidies, donations, gifts and 
contributions;   IP/N/1/SGP/I/1 
Page 10  
 
  (e)  all moneys received by the Office by way of charges and fees for services rendered by the 
Office to any person;   (f)  all moneys, dividends, royalties, interest  or income received from any transaction made 
pursuant to the powers conferred on the Office under this Act or any other written law;  
 
(g)  all moneys borrowed by the Office under this Act;   (h)  all other moneys and property lawfully received by the Office for the purposes of the 
Office; and  
 
(i)  all accumulations of income derive d from any such property or money.  
 
Application of moneys 
14.—The moneys of the Office shall be applied on ly in payment or discharge of the expenses, 
obligations and liabilities of the O ffice and in making any payment that the Office is authorised or 
required to make.   
Bank accounts and application of revenue 
15.—(1)   The Office shall open and maintain an acc ount or accounts with such bank or banks as the 
Office thinks fit.   
 
(2)   Every such account shall be operated by su ch person or persons as may from time to time be 
authorised in that behalf by the Office.    
Annual estimates 
16.—(1)   The Office shall in every financial year prepare or cause to be prepared, and adopt annual 
estimates of income and expenditure of the Office for the ensuing financial year.   
 (2)   Supplementary estimates may be adopted by the Office at any of its meetings.    (3)   A copy of all annual estimates and supplem entary estimates shall, upon their adoption by the 
Office, be sent forthwith to the Minister.   
 (4)   The Minister may approve or disallow any item or portion of any item shown in the estimates, and shall return the estimates as amended by him to th e Office, and the Office shall be bound thereby.   
 Power of investment 
17.—The Office may invest its moneys in accordance w ith the standard investment power of statutory 
bodies as defined in section 33A of the Interpretation Act (Cap. 1).   
Grants 
18.—For the purpose of enabling the Office to carry out its functions under this Act, the Minister may 
from time to time make grants to the Office of such  sums of money as the Minister may determine out 
of moneys to be provided by Parliament.   
Power to borrow 
19.—For the discharge of its functions or duties under  this Act or any other written law, the Office 
may from time to time raise loans fro m the Government or, with the approval of the Minister for 
Finance, raise loans from banks or other financia l institutions (whether in Singapore or elsewhere) 
by —   
(a)  mortgage, overdraft or otherwise;   IP/N/1/SGP/I/1 
 Page 11 
 
 
   
(b)  a charge, whether legal or equitable, on an y property vested in the Office or on any other 
revenue receivable by the Office under this  Act or any other written law; or  
 (c)  the creation and issue of debentures or bonds.  
 
Issue of shares, etc. 
19A. —As a consequence of the vesting of any property,  rights or liabilities of the Government in the 
Office under this Act, or of any capital injection or other investment by the Government in the Office 
in accordance with any written law, the Office sha ll issue such shares or other securities to the 
Minister for Finance as that Minister may from time to time direct.   
 
[5/2002] 
 
Other financial provisions 
20.—The financial provisions set out in the Second Sc hedule shall have effect with respect to the 
Office.    
PART VI 
 
TRANSFER OF PROPERTY, ASSETS, LIABILITIES  
AND EMPLOYEES  
 
Transfer to Office of property, assets and liabilities 21.—(1)   As from 1st April 2001, such movable an d immovable property vested in the Government 
as may be determined by the Minister for Fina nce and used or managed by the Government 
department known as the Intellectual Property Office of Singapore or the Copyright Tribunal, and all 
assets, interests, rights, privileges, liabilities and obligations of the Govern ment relating to that 
department and the Copyright Tribunal shall be tran sferred to and shall vest in the Office without 
further assurance, act or deed.    (2)   If any question arises as to whether any particular property, asset, interest, right, privilege, liability or obligation has been transferred to or v ested in the Office under subsection (1), a certificate 
under the hand of the Minister for Finance shall be conclusive evidence that the property, asset, 
interest, right, privilege, liability or obligation was or was not so transferred or vested.    (3)   Any immovable property to be transferred to and vested in the Office under subsection (1) shall 
be held by the Office upon such tenure and subject to such terms and conditions as the President may determine.   
 
Transfer of employees 
22.—(1)   As from 1st April 2001, such persons or categories of persons as the Minister may 
determine who, immediately before that date, were  employed by the Government in the Government 
department known as the Intellectual Property Office of  Singapore or the Copyright Tribunal shall be 
transferred to the service of the Office on terms no less favourable than those enjoyed by them 
immediately prior to their transfer.    (2)   If any question arises as to whether any person or any category of persons has been transferred to 
the service of the Office under subsection (1), a certificate under the hand of the Minister shall be 
conclusive evidence that the person or category of  persons was or was not so transferred.   
 IP/N/1/SGP/I/1 
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  (3)   Until such time as terms and conditions of service are drawn up by the Office, the scheme and 
terms and conditions of service in the Government sha ll continue to apply to every person transferred 
to the service of the Office under subsection (1) as if he were still in the service of the Government.   
 (4)   Notwithstanding the provisions of the Pensions  Act (Cap. 225), no person who is transferred to 
the service of the Office under this section shall be entitled to claim any benefit under that Act on the 
ground that he has been retired from the public ser vice on account of abolition or reorganisation of 
office in consequence of the incorporation of the Office.    
Service rights, etc., of transferred employees to be preserved 
23.—(1)   The terms and conditions to be drawn up by  the Office shall take into account the salaries 
and terms and conditions of service, including any a ccrued rights to leave, enjoyed by the persons 
transferred to the service of the Office under section 22 while in the employment of the Government.    (2)   Any term or condition relating to the length of service with the Office shall provide for the 
recognition of service under the Government by the persons transferred under section 22 to be service 
by them under the Office.    (3)   Nothing in the terms and conditions of service to be drawn up by the Offi ce shall adversely affect 
the conditions that would have been applicable to persons transferred to the service of the Office as 
regards any pension, gratuity or allowa nce payable under the Pensions Act.   
 
(4)   Where a person has been transferred to  the service of the Office under section 22, the 
Government shall be liable to pay to the Office su ch portion of any pension, gratuity or allowance 
payable to the person on his retirement as the same shall bear to the proportion which the 
aggregate amount of his pensionable emoluments during his service with the Government bears to the 
aggregate amount of his pensionable emoluments during his service under both the Government and 
the Office.    (5)   Where any person in the service of the Office,  whose case does not fall within the scope of any 
pension or other scheme established under this section, retires or dies in the service of the Office or is 
discharged from such service, the Office may grant to  him or to such other person or persons wholly 
or partly dependent on him, as the Office thinks fit, such allowance or gratuity as the Office may 
determine.    
Existing contracts 
24.—All deeds, bonds, agreements, instruments and arrangements subsisting immediately before 
1
st April 2001 to which the Government is a part y and relating to the Government department known 
as the Intellectual Property Office of Singapore or to the Copyright Tribunal or to any person transferred to the service of the Office under section 22  shall continue in force on or after that date 
and shall be enforceable by or against the Office as if the Office had been named therein or had been a party thereto instead of the Government.   Pending proceedings 
25.—Any proceedings or cause of action relating to the portion of the property, assets, interests, 
rights, privileges, liabilities and obligations transf erred to the Office under section 21 or to any person 
transferred to the service of the Office under sec tion 22 pending or existing immediately before 
1
st April 2001 by or against the Government, or an y person acting on its behalf , may be continued and 
shall be enforced by or against the Office.  
  IP/N/1/SGP/I/1 
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  Continuation and completion of disciplinary proceedings 
26.—(1)   Where on 1st April 2001 any disciplinary proceedings were pending against any person 
transferred to the service of the Office under sec tion 22, the proceedings shall be carried on and 
completed by the Office.    
(2)   Where on 1st April 2001 any matter was in the c ourse of being heard or investigated or had been 
heard or investigated by a committee acting under due authority but no order, ruling or decision had been made thereon, the committee shall complete th e hearing or investigation and shall make such 
order, ruling or direction as it could have made unde r the authority vested in it before that date.   
 
(3)   Any order, ruling or direction made by a co mmittee pursuant to this section shall be treated as an 
order, a ruling or a direction of the Office and have the same force or effect as if it had been made by 
the Office pursuant to the authority vest ed in the Office under this Act.   
 
Misconduct or neglect of duty by employee before transfer 
27.—The Office may reprimand, reduce in rank, reti re, dismiss or punish in some other manner a 
person transferred to the service of the Office unde r section 22 for any misconduct or neglect of duty, 
committed prior to 1st April 2001 whilst he was in the employment of the Government which would 
have rendered him liable to be repr imanded, reduced in rank, retired, dismissed or punished in some 
other manner if he had continued to be in the empl oyment of the Government and if this Act had not 
been enacted.  
 
 
PART VII 
 
MISCELLANEOUS  
 
Annual report 
28.—(1)   The Office shall, as soon as practicable after the end of each financial year, cause to be 
prepared and transmitted to the Minister a report d ealing generally with the activities of the Office 
during the preceding financial year and containing su ch information relating to the proceedings and 
policy of the Office as the Minister may from time to time direct.   
 
(2)   The Minister shall, as soon as practicable, cause  a copy of every such report to be presented to 
Parliament.    
Symbol or representation of Office 
29.—(1)   The Office shall have the exclusive right  to the use of such symbol or representation as it 
may select or devise and thereafter display or exhi bit such symbol or representation in connection 
with its activities or affairs.    (2)   Any person who uses a symbol or representation identical with that of the Office or which so 
resembles the Office’s symbol or representation as to deceive or cause confusion, or to be likely to 
deceive or cause confusion, shall be guilty of an offence and shall be liable on conviction to a fine not 
exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.    
Powers of enforcement 
30.—(1)   In addition to the powers conferred on him by this Act or any other written law, an officer 
or employee of the Office may, in relation to any offence under this Act or any written law set out in 
the Third Schedule, on declaration of his office and production to the person against whom he is acting such identification card as the Chief Executiv e may direct to be carried by officers or 
employees of the Office —  IP/N/1/SGP/I/1 
Page 14  
 
   
(a)  require any person whom he reasonably believes to have committed that offence to 
furnish evidence of the person’s identity;   (b)  require any person to furnish any inform ation or produce any book, document or copy 
thereof in the possession of that person, and may, without fee or reward, inspect, copy or 
make extracts from such book or document; or   (c)  require, by order in writing, the attendan ce before the officer or employee of any person 
within the limits of Singapore who, from any info rmation given or otherwise obtained by the 
officer or employee, appears to be acquain ted with the circumstances of the case.  
 
(2)   Any person who —   
(a)  refuses to give access to, or assaults, obstructs , hinders or delays, an officer or employee 
of the Office in the discharge of the duties by such officer or employee of the Office under 
this Act or that written law;   (b)  wilfully mis-states or without lawful ex cuse refuses to give any information or produce 
any book, document or copy thereof required of him by an officer or employee of the Office under subsection (1); or  
 
(c)  fails to comply with a lawful demand of an officer or employee of the Office in the 
discharge by such officer or employee of his duties under this Act or that written law,   
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to 
imprisonment for a term not exceeding 6 months or to both.   
 
Offences committed by bodies corporate, etc. 
31.—(1)   Where an offence under this Act which ha s been committed by a body corporate is proved 
to have been committed with the consent or connivan ce of, or to be attributable to any neglect on the 
part of, a director, manager, secretary or any simila r officer of the body corporate, or any person who 
was purporting to act in any such capacity, he, as we ll as the body corporate, shall be guilty of that 
offence and shall be liable to be proceed ed against and punished accordingly.   
 (2)   Where the affairs of a body corporate are mana ged by its members, subsection (1) shall apply in 
relation to the acts and defaults of a member in c onnection with his functions of management as if he 
were a director of the body corporate.   
 (3)   Proceedings for an offence under this Act alle ged to have been committed by a partnership  shall 
be brought in the name of the partnership and not in  that of the partners; but without prejudice to any 
liability of the partners under subsection (5).    
(4)   A fine imposed on a partnership on its convicti on in such proceedings shall be paid out of the 
partnership assets.    (5)   Where a partnership is guilty of an offence un der this Act, every partner, other than a partner 
who is proved to have been ignorant of or to have attempted to prevent the commission of the offence, 
shall also be also guilty of the offence and shall be liable to be proceeded against and 
punished accordingly.     IP/N/1/SGP/I/1 
 Page 15 
 
 
  Jurisdiction of court 
32.—Notwithstanding any provision to the contrary in the Criminal Procedure Code (Cap. 68), a 
District Court and a Magistrate’s Court shall have  jurisdiction to try any offence under this Act and 
shall have power to impose the full penalty or punish ment in respect of any offence under this Act.  
 Composition of offences 
33.—(1)   The Chief Executive or any officer authorised by him may, in his discretion, compound any 
offence under this Act which is prescribed as a compoundable offence by collecting from a person 
reasonably suspected of having committed the o ffence a sum of money not exceeding $1,000.   
 
(2)   On payment of such sum of money, no furthe r proceedings shall be taken against such person in 
respect of the offence.    
Proceedings conducted by officers of Office 
34.—(1)   Proceedings in respect of an offence unde r this Act or under any written law set out in the 
Third Schedule may be conducted by an officer of the Office who is authorised in writing in that 
behalf by the Chief Executive.    (2)   Notwithstanding the provisions of any written law, a legal officer of the Office who has been 
admitted as an advocate and solicitor under the Legal Profession Act (Cap. 161) may —   
(a)  appear in any civil proceedings involving the Office or any Registrar in the performance 
of his functions or duties under any written law; and   (b)  make and do all acts and applications in respect of such proceedings on behalf of the 
Office or any Registrar.  
 
(3)   For the purposes of this section, “Registrar ” means the Registrar of Designs referred to in 
section 49 of the Registered Designs Act (Cap. 266), th e Registrar of Patents referred to in section 4 
of the Patents Act (Cap. 221), the Registrar of Trade Marks referred to in section 62 of the Trade Marks Act (Cap. 332), or the principal officer admini stering the system for the protection of any other 
intellectual property under any other written law.   
 
Power of Minister to amend Third Schedule 
35.—The Minister may, by order published in the Gazette , amend the Third Schedule.  
 
Preservation of secrecy 
36.—(1)   Except for the purpose of the performance of his duties or the exercise of his functions or 
when lawfully required to do so by any court or under the provisions of any written law, no person 
who is or has been a member, officer, agent, empl oyee or former employee of the Office or a member 
of a committee of the Office shall disclose any info rmation or matter relating to the affairs of the 
Office or of any other person which has been obtained by him in the performance of his duties or the exercise of his functions.   
 
(2)   Any person who contravenes subsection (1) sha ll be guilty of an offence and shall be liable on 
conviction to a fine not exceeding $2,000 or to im prisonment for a term not exceeding 12 months or 
to both.    Rules 
37.—(1)   The Office may, with the approval of the Minister, make rules for carrying out the purposes 
and provisions of this Act.    IP/N/1/SGP/I/1 
Page 16  
 
  (2)   Without prejudice to the generality of subsectio n (1), the Office may, with the approval of the 
Minister, make rules for or with respect to all or any of the following matters:  
 
(a)  the manner of appointment, conduct a nd discipline and the te rms and conditions of 
service of the officers and employees of the Office;  
 
(b)  the establishment of funds for the payment of gratuities and other benefits to employees 
of the Office;   (c)  the fees to be charged in respect of anyt hing done or any services rendered by the Office 
under or by virtue of this Act or any other written law;  
 (d)  the regulation, accreditation and certifi cation of intellectual property advisers.  
 
Consequential amendments to other written laws 
38.—The Minister may, by order published in the Gazette , repeal or amend any written law which 
appears to him unnecessary having regard to the provisi ons of this Act or to be  inconsistent with any 
provision of this Act.   
 
FIRST SCHEDULE 
Section 5(2) 
 
CONSTITUTION AND PROC EEDINGS OF OFFICE 
 
Appointment of Chairman and members 
1.—(1)   The Chairman and other members shall be appointed by the Minister.   
 (2)   The Minister may appoint the Chief Executive to be a member.    Appointment of Deputy Chairman 
2.—(1)   The Minister may, in his discretion, appoint any member to be the Deputy Chairman of the 
Office.    (2)   The Deputy Chairman so appointed may, subject to such direction as may be given by the 
Chairman, exercise all or any of the powers ex ercisable by the Chairman under this Act.   
 
Tenure of office of members of Office 
3.—A member shall hold office on such terms and c onditions and for such period as the Minister may 
determine, and shall be eligible for reappointment.   Temporary member 
4.—The Minister may appoint any person to be a temporary member if any member is unable to 
perform his duties for any period by reason of absen ce from Singapore, illness or for any other reason.  
 
Temporary Chairman or Deputy Chairman 
5.—The Minister may appoint any member to be  a temporary Chairman or temporary Deputy 
Chairman during the temporary incapacity from illness  or otherwise, or during the temporary absence 
from Singapore, of the Chairman or Deputy Chairman, as the case may be.    IP/N/1/SGP/I/1 
 Page 17 
 
 
  Revocation of appointment 
6.—If at any time it appears to the Minister that th e removal from office of all or any of the members 
is necessary in the interests of the effective and ec onomical performance of the functions of the Office 
under this Act, or in the public interest, the Minist er may remove from office all or so many of those 
members as he considers necessary in such interests.  
 
Resignation 
7.—A member may resign from his office at anytime by giving not less than one month’s notice in 
writing to the Minister.   Chairman may delegate functions 
8.—The Chairman may, in writing, authorise any member to exercise any power or perform any 
function conferred on the Chairman by or under this Act.   
Vacation of office 
9.—The office of a member shall become vacant —  
 
(a)  if he becomes in any manner disqualified from membership of the Office;   (b)  if he fails to attend 3 consecutive meeti ngs of the Office without sufficient cause (the 
sufficiency thereof to be decided by the Office);  
 
(c)  if he resigns from his office; or   (d)  on his death.   
Filling of vacancies 
10.—If a vacancy occurs in the memb ership of the Office, the Minist er may appoint any person to fill 
the vacancy and the person so appointed shall hol d office for so long as the member in whose place 
the person is appointed would have held office.   
Disqualification from membership 
11.—No person shall be appointed or shall con tinue to hold office as a member if he —  
 
(a)  is incapacitated by physical or mental illness;   (b)  is an undischarged bankrupt or has ma de any arrangement or composition with his 
creditors;  
 (c)  is convicted of an offence involving di shonesty, fraud or moral turpitude and has not 
received a free pardon;   (d)  has been sentenced to imprisonment for a term of 6 months or more and has not received 
a free pardon; or  
 (e)  is otherwise unable or unfit to discharge the functions of a member.   
Disclosure of interest by members 
12.—(1)   Subject to sub-paragraph (2), if a member has a pecuniary interest, direct or indirect, in any 
contract, proposed contract or other matter which is before any meeting of the Office, he shall at that meeting declare the nature of his interest and shall not take part in the consideration or discussion of, 
or vote on any question with respect to, that contr act or other matter, and if the Chairman or the IP/N/1/SGP/I/1 
Page 18  
 
  person presiding at that meeting so directs, he shall withdraw from the meeting during the 
consideration or discussion.    (2)   For the purposes of sub-paragraph (1), a gene ral notice given to the members by a member to the 
effect that he is an officer or member of a specified  corporation or a member of a specified firm and is 
to be regarded as interested in any contract which ma y, after the date of the notice, be made with that 
corporation or firm shall be deemed to be a sufficien t declaration of interest in relation to any contract 
so made if it specifies the nature and extent of his in terest in the specified corporation or firm and his 
interest is not different in nature or greater in ex tent than the nature or ex tent so specified in the 
general notice at the time any contract is so made.   
 
(3)   No notice under sub-paragraph (2) shall be of ef fect unless either it is given at a meeting of the 
Office or the member takes reasonable steps to ensure that it is brought up and read at the next meeting of the Office after it is given.    
(4)   For the purpose of this paragraph, a pecuniary interest of any spouse, parent, son or adopted son, 
or daughter or adopted daughter, of a member shall be presumed to be a pecuniary interest of the 
member.    (5)   For the purpose of determining whether ther e is a quorum, a member shall be treated as being 
present notwithstanding that, under this paragr aph, he cannot vote or has withdrawn from the 
meeting.   
 
Salaries, fees and allowances p ayable to Chairman and members 
13.—There shall be paid to the members out of th e funds of the Office su ch salaries, fees and 
allowances as the Minister may from time to time determine.  
 
Meetings and proceedings of Office 
14.—(1)   The Office shall meet for the despatch of  business at such times and places as the Chairman 
may from time to time appoint.    (2)   At every meeting of the Office, one half of  the number of members shall constitute a quorum.   
 
(3)   The Chairman shall preside at all meetings of  the Office; and where the Chairman is absent from 
a meeting, such member as the members present may elect shall preside at that meeting.   
 (4)   Decisions at meetings of the Office shall be  adopted by a simple majority of the members present 
and voting and in the case of an equality of votes,  the Chairman or in his absence the member 
presiding shall have a casting vote.    (5)   Where not less than 4 members request the Chairman by notice in writing signed by them to 
convene a meeting of the Office for any purpose specifi ed in the notice, the Chairman shall, within 
7 days from the receipt of the notice, convene a meeting for that purpose.   
 
(6)   The validity of any proceedings of the Offi ce shall not be affected by any vacancy amongst its 
members or by any defect in the appointment of any member.    (7)   Subject to the provisions of this Act, the Office may regulate its own proceedings generally and, 
in particular, regarding the holding of meetings, the notice to be given of such meetings, the 
proceedings thereat, the keeping of minutes, the cu stody, production and inspection of such minutes, 
and the opening, keeping, closi ng and auditing of accounts.   
  IP/N/1/SGP/I/1 
 Page 19 
 
 
  SECOND SCHEDULE 
Section 20 
FINANCIAL PROVISIONS 
 
Financial year 
1.—The financial year of the Office shall begin on 1st April of each year and end on 31st March of 
the succeeding year.   
Accounts of Board 
2.—The Office shall keep proper accounts and records of its transactions and affairs and shall do all 
things necessary to ensure that all payments out  of its moneys are correctly made and properly 
authorised and that adequate control is maintained  over the assets of, or in the custody of, the Office 
and over the expenditure incurred by the Office.   
Auditor 
3.—The accounts of the Office shall be audited by th e Auditor-General or by an auditor appointed 
annually by the Minister in consultation with the Auditor-General.   
Appointment of auditor 
4.—A person shall not be qualified for appointment as an auditor under paragraph 3 unless he is an 
approved company auditor under the Companies Act (Cap. 50).  
 
Remuneration of auditor 
5.—The remuneration of the auditor shall be paid out of the funds of the Office.  
 
Annual financial statements 
6.—The Office shall, as soon as practicable after the close of the financial year, prepare and submit 
the financial statements in respect of that year to the auditor who shall audit and report on them.  
 
Duties of auditor 
7.—The auditor shall in his report state —  
 
(a)  whether the financial statements show fair ly the financial transactions and the state of 
affairs of the Office;   (b)  whether proper accounting and other records have been kept including records of all 
assets of the Office whether purchased, donated or otherwise;  
 
(c)  whether the receipts, expenditure and investment of moneys and the acquisition and disposal of assets by the Office during the year have been in accordance with this Act; and  
 (d)  such other matters arising from the a udit as he considers should be reported.  
 
Auditor’s report 
8.—The auditor shall, as soon as practicable after the accounts have been submitted for audit, send a 
report of his audit to the Office, and shall also submit such periodical and special reports to the Office as may appear necessary or as the Minister or the Office may require.   Powers of auditor 
9.—(1)   The auditor or any person authorised by hi m is entitled at any reasonable time to full and free 
access to all accounting and other records relating, dir ectly or indirectly, to the financial transactions 
of the Office.    IP/N/1/SGP/I/1 
Page 20  
 
   
(2)   The auditor or any person authorised by him may make copies of, or take extracts from, any such accounting and other records.    (3)   The auditor or any person authorised by him may require any person to furnish him with such 
information in the possession of that person or to which that person has access as the auditor or any 
duly authorised person considers necessary for the purposes of his functions under this Act.   
 
Penalty for obstructing auditor 
10.—Any person who fails, without reasonable cause, to  comply with any requirement of the auditor 
or any person authorised by him under paragraph 9 or who otherwise hinders, obstructs or delays the 
auditor or person authorised by him in the perform ance of his functions under this Act shall be guilty 
of an offence and shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a 
continuing offence, to a further fine not exceeding $100 for every day or part  thereof during which the 
offence continues after conviction.  
 
Presentation of audited financial statements and auditor’s report 
11.—As soon as the accounts of the Office and the financial statements have been audited in 
accordance with this Act, a copy of the audited fina ncial statements signed by the Chairman, together 
with a copy of any report made by the auditor, shall be submitted to the Minister.   Copy of auditor’s report for Auditor-General 
12.—Where the Auditor-General is not appointed as the auditor, a copy of the audited financial 
statements and any report made by the auditor sha ll be forwarded to the Auditor-General at the same 
time they are submitted to the Office.   Presentation to Parliament 
13.—The Minister shall as soon as practicable cause a copy of the audited financial statements and 
any report made by the auditor to be presented to Parliament.    
THIRD SCHEDULE 
 
Sections 30 (1), 34 (1) and 35 
 
OFFENCES UNDER WRITTEN LAW 
 
1.  Sections 9, 10, 33, 34, 99, 100 and 101 of the Patents Act (Cap. 221); and rules made under 
section 104 of that Act.   2.  Sections 51, 72 and 73 of the Trade Marks Act (Cap. 332).  
 3.  Sections 29, 59, 60 and 66 of the Registered Designs Act (Cap. 266).   
 
[26/2001] 
 
  IP/N/1/SGP/I/1 
 Page 21 
 
 
   
LEGISLATION HISTORY 
 
 
1. Act 3 of 2001 — Intellectual Property Office of Singapore Act 2001  
         
Date of First Reading : 12.1.2001 (B ill No. 1/2001 published on 13.1.2001)
Date of Second and Third Readings : 22.2.2001 Date of commencement : 1.4.2002             
2. Act 26 of 2001 — Statutes (Miscellaneous Amendments and Repeal) Act 2001  
         
Date of First Reading : 11.7.2001 (B ill No. 24/2001 published on 12.7.2001)
Date of Second and Third Readings : 25.7.2001 Date of commencement : 1.9.2001 (except sections 3 and 17)       1.3.2002 (section 3)  
      22.8.2001 (section 17) 
            
3. Act 5 of 2002 — Statutory Corporat ions (Capital Contribution) Act 2002  
(Consequential amendments made by) 
         
Date of First Reading : 3.5.2002  (Bill No. 7/2002 published on 4.5.2002)
Date of Second and Third Readings : 24.5.2002 Date of commencement : 15.7.2002          
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