WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/SGP/T/7 
15 July 2009 
 (09-3466) 
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 Trade Marks (Border Enforcement 
Measures) Rules, as notified by Singapore on 15 Ap ril 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 les marques de fabrique et de 
commerce (Mesures visant à faire respecter les dr oits 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 marcas de fábrica o de 
comercio (medidas de observancia en la frontera), notificado 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/T/7 
Page 2  
 
   
Requested version was 31 Mar 2009; Closest available version is 01 Jul 2004; Generated on 31 Mar 2009 16:35:18(GMT+8).  
  Front Page  [ Jump to: Front Page  / Arrangement of Provisions  / Actual Provisions  ]
 
 
 
 
TRADE MARKS ACT 
 
(CHAPTER 332, SECTION 108) 
 
TRADE MARKS (BORDER ENFORCEMENT MEASURES) RULES 
 
 
 
History  G.N. NO. 
S5/99  
->2001 REVISED 
EDITION 
R 2  
 
[15th January 1999]  
  Arrangement of Provisions  [ Jump to: Front Page  / Arrangement of Provisions / Actual Provisions ]
  
 
 
 
1 Citation  
2 Definitions  
3 Notice under section 82 (1) 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 registered trade mark  
9 Period for extension of retention period  
10 Prescribed period under section 93A (3) of Act  
 
THE SCHEDULE   IP/N/1/SGP/T/7 
 Page 3 
 
 
   
  Actual Provisions  [ Jump to: Front Page  / Arrangement of Provisions / Actual Provisions ]
 
 
TRADE MARKS ACT 
 
(CHAPTER 332, SECTION 108) 
 
TRADE MARKS (BORDER ENFORCEMENT MEASURES) RULES 
 
[15th January 1999] 
 
 
Citation 
1.—These Rules may be cited as the Trade Mark s (Border Enforcement Measures) Rules. 
 
Definitions 
2.—For the purposes of these Rules, “authorised o fficer” and “Director-General” have the same 
meanings as in section 81 of the Act.  Notice under section 82 (1) of Act 
3.—(1) A notice to the Director-General under section 82 (1) of the Act shall be in the form set out in 
the Schedule.    (2) The notice shall be accompanied by — 
 
 (a)  a statutory declaration that the particulars in the notice are true;   (b)  a fee of $200;  
(c)  a copy of the certificate of registration issued by the Registrar under section 15 (5) of the 
Act in relation to the registered tr ade mark specified in the notice; 
 
(d)  evidence that the registration of the regist ered trade mark was duly renewed at all times; 
and  
(e)  where the notice is given by a person as agent for the proprietor or licensee of the 
registered trade mark (whichever is appropria te), evidence of the authority of the person 
giving the notice.   
(3) The proprietor or licensee of the registered tr ade mark may appoint another person to act as his 
agent for the purpose of giving the notice.   
 IP/N/1/SGP/T/7 
Page 4  
 
  Time and manner of giving notice 
4.—A notice to the Director-General under section 82 (1 ) of the Act shall be delivered to the Customs 
and Excise Department —  
(a)  during such time as the office of the Customs and Excise Department 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.  
Further information and evidence 
5.—A person who has given a notice under section 82 (1) of the Act to the Director-General 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-General may reasonably require. 
 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 given as the Director-General may require. 
 
Refusal to seize 
7.—An authorised officer may refuse to seize goods to  which a notice under section 82 (1) of the Act 
relates if the person who has given the notice fails to comply with —   (a)  any requirement by the Director-General under these Rules; or  
 (b)  any provision of these Rules. 
 
Period for instituting action for registered trade mark 
8.—For the purposes of section 85 (3) of the Act, the prescribed period is 10 working days. 
 
Period for extension of retention period 
9.—For the purposes of subsection (6) of section 85 of  the Act, the prescribed period is 10 working 
days after the end of the initial pe riod mentioned in that subsection. 
 
Prescribed period under section 93A (3) of Act 
10.—For the purposes of section 93A (3) of the Act, the prescribed period shall be — 
 
(a)  48 hours after the Director-General has give n the proprietor of the registered trade mark 
the written notice referred to in section 93A (2) of the Act; or  
 (b)  where —  
(i)  the detained goods are goods that 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 proprietor of the registered trad e mark has complied with section 93A (3) ( b) 
(iii) of the Act within the period referred to in paragraph ( a), 
 
10 working days after the Director-General has give n the proprietor of the registered trade mark the 
written notice referred to in section 93A (2) of the Act.   IP/N/1/SGP/T/7 
 Page 5 
 
 
   
THE SCHEDULE 
Rule 3 
 
NOTICE UNDER SECTION 82 (1 ) OF THE TRADE MARKS ACT 
 
Please read these instructions before completing the notice  1. This notice may only be given by the proprie tor or licensee of a registered trade mark. 
 
2. Unless otherwise indicated, the notice must provide 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 no tice are true is to be en closed with the notice. 
 
4. A fee of $200 is payable on giving the notice. 
 5. A copy of the certificate of registration for the trade mark, as well as the certificate of renewal 
(where applicable), is to be enclosed with the notice.  
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 liabilit y 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 83 of the Trade Marks Act.  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. 
  
_____________________________________
 
NOTICE 
To the Director-General of Customs: 
 
1.  I, _______________  (1), hereby give you notice that _____________  (2) — 
 
(a)  is the __________________  (3) of a trade mark registered in Singapore, a representation 
of which is set out in Appendix 1; and  
 (b)  objects to the import into Singapore of the goods described in Appendix 2. 
 IP/N/1/SGP/T/7 
Page 6  
 
  2.  To the best of my knowledge and belief — 
  (a)  the importer of the goods is _____________________  
(4); and 
 
(b)  the particulars of the time when and pl ace where the goods are expected to be imported 
into Singapore are as follows:  (5) 
 
3.  The goods are infringing go ods because _______ _________________  (6). 
 4.  The goods are not goods in transit because _____________________  
(7). 
 
5.  I hereby request that the said goods be dea lt with in accordance with Part X of the Trade 
Marks Act.   Date: 
Signature: 
Designation:
 (8) 
Explanatory Notes  
   
(1) State the name and address of the person giving the notice.  
(2) State the name and address of the proprietor or licensee on whose behalf the notice is given.  
(3) State “proprietor” or “licensee”, as applicable.  
(4) State the name and address of the importer.  
(5) State —  
(a) the estimated date of arrival of the goods;  
(b) the name of the port, airport or checkpoint by which the goods 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 goods are expected to be imported into Singapore; and  
(d) where available —  
(i) the country of origin of the goods; and  
(ii) any other information which may indicate th e actual time when and place where the goods will be 
imported into Singapore.  
(6) State the grounds on which it is claimed that the goods are infringing goods within the meaning of 
section 3 of the Trade Marks Act read with sections 27, 28 and 29 of that Act.  
(7) State the grounds on which it is claimed that the goods are not goods in transit within the meaning of section 81 of the Trade Marks Act.
 
(8) State the designation of the person giving the notice, i.e. “proprietor”, “licensee”, “agent of 
proprietor” 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. 
 
__________________________________ 
  IP/N/1/SGP/T/7 
 Page 7 
 
 
  APPENDIX 1  
Representation of Registered Trade Mark. 
 
_____________________________________
 
APPENDIX 2  
Provide sufficient information to describe and id entify the goods, including, where available, 
particulars of —   (a)  the quantity and value of the goods; 
 
 (b)  the number of packages;   (c)  any mark used;  
 (d)  any relevant bill of lading or air waybill; and 
  (e)  any relevant consignment reference number.    
   [ Jump to: Front Page  / Arrangement of Provisions / Actual Provisions  ]
 
 
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