South-East Asia IPR SME Helpdesk : Singapore IP country factsheet.
Date: 2020-04-21
Institutions: Executive Agency for Small and Medium-sized Enterprises
Subjects: Singapore, South-East Asia, access to information, administrative formalities, copyright, free-trade agreement, industrial property, intellectual property, market access, patent, small and medium-sized enterprises

SINGAPORE  
IP Country FACTSHEET

For free, conﬁdential, business-focused  
IP advice within three working days  
E-mail: question@southeastasia-iprhelpdesk.eu

THE FACTS:  
Business in Singapore for EU Companies
SIZE of market 
Key INDUSTRY SECTORS

IP in Singapore for SMEs: BACKGROUND
Intellectual Property Rights for SMEs: Why is 
this RELEVANT to you?
How does Singapore’s IP legal framework 
compare to INTERNATIONAL STANDARDS?
IP TIPS and things to WATCH OUT for in 
Singapore

IPR in Singapore: THE BASICS  
A. Copyright
B. Patents
C. Designs
D. Trade marks
E. GIs 
F. Trade secrets

Using CUSTOMS to Block Counterfeits
Customs TIPS and things to WATCH OUT for 
in Singapore

ENFORCING your IP
Civil litigation 
Criminal prosecution 
Enforcement TIPS and things to WATCH OUT 
for in Singapore

RELATED LINKS and additional Information

1) THE FACTS: Business in Singapore for EU Companies 

• Singapore, GDP in 2018: EUR  293 billion (Source: Eurostat)
• Singapore, GDP growth in 2018: 2.9 % (Source: Eurostat)

SIZE of the market (Source: Eurostat) 
•  EU-28 exports in goods to Singapore in 2018: EUR  37 billion 
•   EU-28 imports in goods from Singapore in 2018: EUR  21 billion 
•   Total trade in goods in 2018: EUR  58.1 billion 
•   EU-28 exports in services to Singapore in 2018: EUR  34.5 billion 
•   EU-28 imports in services from Singapore in 2018: EUR  26.3 billion 
•   Total trade in services in 2018: EUR  60.8 billion 
•   Singapore is a major destination for European investments in Asia, and 
the third largest Asian investor in the EU (after Japan and Hong Kong).
•   Singapore is the EU’s 14th largest trading partner, and its main trading 

partner in South-East Asia.

Key INDUSTRY SECTORS (Source: Eurostat) 
•  EU-28  exports  to  Singapore  are  concentrated  in  transport  equipment, 

petroleum and petroleum products, and non-electrical machinery.

•  EU-28 imports from Singapore are concentrated in the in pharmaceu-
ticals, office and telecommunication equipment, and integrated circuits 
and electronic components.  

EU and Singapore have negotiated a Free Trade Agreement and an Invest-
ment  Protection  Agreement.  These  agreements  aim  at:  removing  nearly 
all  customs  duties  and  facilitating  trade;  improving  trade  for  goods  like 
electronics, food products and pharmaceuticals; stimulating green growth, 
removing trade obstacles for green technology and creating opportunities 
for  environmental  services;  encouraging  EU  companies  to  invest  more  in 
Singapore, and Singaporean companies to invest more in the EU.
The  EU–Singapore  trade  and  investment  protection  agreements  were 
signed on 19 October 2018. The European Parliament gave its consent to 
the agreements on 13 February 2019.
The EU-Singapore Free Trade Agreement (EUSFTA) entered into force on 21 
November 2019. The Investment Protection Agreement will enter into force 
after it has been ratified by all EU Member States according to their own 
national procedures.

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2) IP in Singapore for SMEs: BACKGROUND 

IPR for SMEs: 
why is this RELEVANT to you? 
Intellectual property (IP), as intangible assets, is a key factor 
in the competitiveness of businesses in the global economy. IP 
can improve the competitiveness of small and medium-sized 
enterprises (SMEs) and provide a potential source of revenue 
(see  EC  definition  at  https://ec.europa.eu/growth/industry/
intellectual-property/smes_en)  when  they  internationalise 
their  business  to  areas  such  as  South-East  Asia.  Not  only  a 
way to help SMEs protect their innovations from competitors, 
IP  assets  can  also  act  as  an  important  source  of  cash-flow 
through their sale or licensing deals, as well as a significant 
pull-factor when attracting investors.

Although  SMEs  often  have  limited  time  and  resources,  it  is 
important to be aware of how IP can be valuable to businesses. 
The infringement of intellectual property rights (IPR) is one of 
the most common concerns for businesses when dealing with 
ASEAN countries, and can lead to losses of business, revenue, 
reputation  and  competitive  advantage,  both  in  South-East 
Asia and in core domestic markets — unless proactive steps 
are taken to protect IP and deter potential infringers.

Singapore  has  benefited  from  a  strong  IP  regime  and 
continues  to  build  a  trustworthy  ecosystem,  one  that  is 
recognised  not  just  regionally  but  globally.  For  example,  in 
the  World  Economic  Forum’s  Global  Competitiveness  Report 
2019, Singapore was ranked second in the world and top in 
Asia in terms of IP protection regimes. Singapore is also the 
14th most ‘idea intensive’ country, according to PwC’s Global 
Economy Watch in 2019 (see details in the link here).

How does Singapore’s IP legal framework compare 
to INTERNATIONAL STANDARDS?
The  Singaporean  IP  legal  framework  is  very  comprehensive 
and  generally  considered  to  be  one  of  the  most  developed 
and  strongest  in  Asia.  It  has  standards  comparable  with 
those  in  the  EU,  as  the  legal  system  of  Singapore  is  based 
on  the  English  common 
IPR 
legislative and administrative regime is fully compliant with 
the  Agreement  on  Trade  Related  Aspects  of  Intellectual 
Property  Rights  (TRIPS).  Minimum  standards  agreement, 
which allows members to provide more extensive protection 
of intellectual property if they so wish. Members are left free 
to  determine  the  appropriate  method  of  implementing  the 
provisions  of  the  Agreement  within  their  own  legal  system 
and practice.1 Singapore has a very comprehensive and robust 

law  system.  Singapore’s 

IP  legal  framework.  IP  is  protected  by  patents,  trade  marks, 
designs, copyrights and layout-designs of integrated circuits, 
geographical indications (GIs), trade secrets and confidential 
information, as well as plant variety. Singapore is a member 
of  the  following  international  conventions  regulating  IP 
matters: the Paris Convention for the Protection of Industrial 
Property, the Madrid Agreement concerning the International 
Registration  of  Marks,  the  Patent  Cooperation  Treaty  (PCT), 
the  Hague  Agreement,  the  World 
Intellectual  Property 
Organization  (WIPO)  Copyright  Treaty,  the  NICE  Agreement 
concerning  the  International  Classification  of  Goods  and 
Services,  and  the  Berne  Convention  for  the  Protection  of 
Literary and Artistic Works (see the WIPO website http://www.
wipo.int/treaties/en/  for  more  details  on  each  of  the  above 
international agreements/conventions).

Singapore  joined  the  World  Trade  Organization  (WTO)  on  1 
January  1995  ready  to  implement  the  minimum  standards 
of  the  TRIPS  Agreement  as  a  developed  country,  and  met 
its  TRIPS  obligations  in  a  timely  fashion.  The  framework  is 
considered to be one of the best in Asia.

To  continue  encouraging  innovation  and  creativity,  the  EU–
Singapore  trade  agreement  includes  a  comprehensive  IPR 
chapter  covering  provisions  on  copyright  and  related  rights, 
trade marks, geographical indications, designs, plant varieties 
and enforcement. 

1 https://www.wto.org/english/tratop_e/trips_e/intel2_e.htm

IP TIPS and things to WATCH OUT  
for in Singapore

•  Singapore  operates  under  a  ‘first-to-file’  system, 
meaning  that  the  first  person  to  file  IP  in  the 
Singaporean  jurisdiction  will  own  the  rights  once 
the application is granted. It is therefore important 
that  you  register  your  IP  at  the  first  convenient 
opportunity  (ideally  before  the  release  of  products 
and services covered by these rights to the market).
•  The Intellectual Property Office of Singapore (IPOS) 
provides comprehensive IP databases:  you can use 
the  eSearch  services  portal  https://www.ip2.sg/RPS/
RPSLogin/SPLogin.aspx,  which  provides  effective 
and  comprehensive  functions  for  searching,  filing, 
amending  and  renewing  patents,  trade  marks  and 
designs. For more information you can check out the 
IPOS web portal at https://www.ipos.gov.sg/.

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3) IPR in Singapore: THE BASICS

A. Copyright

WHAT is copyright?
Copyright  is  a  legal  term  used  to  describe  exclusive  rights 
granted  to  authors,  artists  and  other  creators  for  their 
creations. These rights, generally, include: reproducing, copying, 
publishing, translating, adapting and altering, distributing, etc. 
and  are  granted  automatically  following  the  creation  of  the 
work. Please see Table 1.1 below to compare different types of 
work that can be copyrighted and the duration of protection.

Copyright in Singapore: what you need to know
The  kinds  of  works  that  can  be  protected  by  copyright  laws 
in Singapore must be original works expressed in a tangible 
form, for example, recorded on tape or hard disk, or expressed 
in  writing.  Copyright  does  not  subsist  in  ideas,  facts  and 
principles themselves, but only in their expression.  

How LONG does legal protection last?
The  duration  of  copyright  protection  depends  on  the  nature 
of the copyrighted material, as indicated below in Table 1.1.

Table 1.1. 

NATURE OF WORK

DURATION OF COPYRIGHT

70 years from the end 
of the year in which the 
author died.

If the work is published 
after the death of the 
author, it lasts for  
70 years from the end 
of the year in which the 
work was first published.

70 years from the end 
of the year in which the 
photograph was first 
published.

25 years from the end 
of the year in which 
the edition was first 
published.

Literary, dramatic, 
musical and artistic 
works 

Photographs

Published editions 
of literary, dramatic, 
musical or artistic works 

Sound recordings and 
films 

70 years from the end of 
the year of release of the 
sound recording or film.

Broadcasts and cable 
programmes 

Performances

50 years from the end 
of the year of making 
the broadcast or cable 
programme.

70 years from the 
end of the year of the 
performance.

HOW do I register?
Unlike most ASEAN countries, in Singapore there is no system 
for the registration of copyright. Works that qualify for copyright 
protection under the Copyright Act do not need to be registered, 
because copyright protection is conferred automatically to the 
author.  For  a  work  to  be  protected  by  copyright,  it  has  to  be 
original and expressed in a tangible form, such as in a recording 
or  in  writing.  Originality  requires  skill,  labour  or  judgment  in 
the creation of the work, but does not require inventiveness. In 
other words originality simply means that there is a degree of 
independent effort in the creation of the work. It is not a question 
of  whether  the  work  has  creative  merit.  In  general,  copyright 
subsists in a work or subject matter in Singapore if:

(i)  the work or subject matter was first published or made in 
Singapore or in a member country of the Berne Convention 
or  the  WTO  (see  more  details,  and  a  full  list  of  all  177 
members  of  the  Berne  Convention  www.wipo.int/treaties/
en/ip/berne and the WTO www.wto.org); 

(j)  the author of the work or subject matter was a citizen or 
resident of Singapore or of a member country of the Berne 
Convention or the WTO at the time when the work was first 
published or made.

Copyright TIPS and things to 
WATCH OUT for in Singapore

• 

Include a copyright symbol © on your work. This sym-
bol acts as notice of your claim to the work. While it 
does not give you any substantive rights, the use of 
this symbol could come in useful if you are involved 
in an infringement proceeding. If the infringing party 
claims that he did not know the material was protec-
ted under copyright law, the use of the symbol would 
generally stop him from successfully relying on this 
argument.

•  Where a business needs to use copyrighted material, 
it may consider entering into a license agreement with 
the copyright owner to avoid copyright infringement. 
•  Copyright  infringement  may  lead  to  a  civil  and  cri-
minal  offence  under  the  Singaporean  Copyright  Act. 
Monetary awards and the penalties of a fine and/or 
imprisonment  may  be  significant,  where  there  is  a 
large  number  of  infringing  items  and  where  the  in-
fringement was done in an organised fashion. 

Enhanced Protection for Phonogram Producers under the EUSFTA

Singapore’s Copyright Act currently does not provide for the right 
of  performers  and  phonogram  producers  to  remuneration  for 
broadcasting and communication to the public. However, perfor-
mance rights included in the EUSFTA will enable music producers 
to obtain broadcasting and performance royalties in Singapore.  
Within  two  years  of  the  entry  into  force  of  the  agreement,  
Singapore will introduce into its legal system a provision granting 
producers of phonograms a right to be remunerated: (a) when 
their sound recording is being broadcast by radio, including the 
playing of broadcast in a public place; (b) when a sound recording 
is played in a public place such as a shopping mall; (c) when a 
sound recording in a radio broadcast is played over the internet. 

For more information on copyright protection in Singapore, check out 
our South-East Asia IPR SME Helpdesk Guide to Copyright Protection 
in South-East Asia, which is available to download from our website, 
https://www.southeastasia-iprhelpdesk.eu/sites/default/files/publica-
tions/Copyright_english.pdf.

South-East Asia IPR SME Helpdesk - IP Factsheet: SINGAPORESouth-East Asia IPR SME Helpdesk - IP Factsheet: SINGAPORE 
corresponding  foreign  application.  With  the  closure  of  the 
supplementary examination route, all patent applications will 
undergo full examination by the examiners of the IPOS. This 
change is expected to ensure consistency in the assessment 
of patentable subject matter.

How LONG does legal protection last?
Singaporean patents are valid for 20 years from the date of 
filing, subject to the payment of annual renewal fees starting 
from the end of the fourth year.

In Singapore, there is no need to file for registration or deposit 
a layout design with the IPOS to obtain protection for it under 
the  Layout-Designs  of  Integrated  Circuits  Act.  Integrated 
circuit layout designs are protected for a duration of 10 years 
if  they  are  first  used  commercially  within  5  years  of  their 
creation.  In  any  other  case,  they  are  protected  for  15  years 
from the date of their creation.

Once a plant variety is granted, it can be protected for a maximum 
of 25 years, as long as it is renewed by the owner every year.

HOW do I register?
A  request  for  the  granting  of  a  patent  must  be  submitted 
using the official form, which can be obtained online (https://
www.ipos.gov.sg/resources/patent) and submitted to the IPOS 
either online via IP2SG (E-services Portal by IPOS) or by hand/
post to the Registry of Patents, IPOS. The application must be 
accompanied by:
•  A description of the invention;
•  The documents assessing your ‘priority date’ if necessary; 
•  The application fee.

Registrations in person can be made at this address:
Registry of Patents
Intellectual Property Office of Singapore
1 Paya Lebar Link, #11-03, PLQ 1, Paya Lebar Quarter
Singapore 408533

The overall process for registration takes anywhere between 
two to four years depending on the complexity of the invention. 
However,  Singapore  currently  has  various  Accelerated 
Programmes (discussed below) in which invention owners can 
seek the granting of patents in a very short period of time, as 
little as 6 to 12 months.

Please refer to the IPOS website (www.ipos.gov.sg) for further 
details  and  information  on  the  application  and  registration 
process. 

4

B. Patents

WHAT are patents?
A  patent  is  a  right  granted  to  the  owner  of  an  invention  to 
prevent  others  from  making,  using,  importing  or  selling  the 
invention  without  permission.  A  patent  may  be  obtained  for 
a product or a process that gives a new technical solution to 
a problem or a new method of doing things, the composition 
of a new product, or a technical improvement on how certain 
objects work.

Unlike most countries in South-East Asia, and like in the EU, 
in Singapore there is only one official type of patent, however 
registered  designs,  integrated  circuit  layout  designs,  and 
plant varieties can be registered separately and are conferred 
specific  protection  under  Singaporean  law  (more  details  are 
given below).

Patents in Singapore: what you need to know
In order to obtain a patent, an invention must satisfy the criteria 
of showing ‘novelty’, having an ‘inventive step’, and ‘industrial 
applicability’. The registry will record the date of filing as the 
date of the application for the granting of the patent if it is 
filed  in  Singapore,  however,  if  an  earlier  application  for  the 
same product or process was filed by the same applicant in 
another country that is a member of the Paris Convention (see 
more details and a full list of members www.wipo.int/treaties/
en/ip/paris/index.html)  or  WTO,  the  applicant  may  claim 
priority. This means that patent protection will begin from the 
date of the earlier application (known as the ‘priority date’), 
provided that the Singaporean application is made within 12 
months of the date of the filing of the earlier application. In 
cases where the earlier application has been filed under the 
PCT, the applicant will have 30 months to enter the National 
Phase stage in Singapore.

SMEs  should  consider  applying  for  a  patent  as  soon  as 
possible,  as  Singapore  has  a  first-to-file  system  —  the  first 
person to file an application will own the rights to the invention 
once it is granted. Therefore, it is essential to register a patent 
in  Singapore  before  commencing  business  dealings  there, 
and to be wary of disclosing too much information about the 
invention to third parties.

An  amendment  to  Singapore’s  Patents  Act  and  Rules  came 
into  force  on  30  October  2017.  The  major  revisions  include 
broadened  grace-period  provisions  and  the  removal  of 
the  supplementary  examination  route.  Accordingly,  the 
amendment  (which  was  applied  from  30  October  2017) 
contains  a  grace-period  provision  that  excludes  certain 
disclosures from forming part of the state of the art as long 
as the Singapore patent application is filed within 12 months 
of  the  disclosure.  However,  disclosures  are  only  excluded 
under  limited  circumstances,  for  example  in  the  case  of  a 
disclosure  made  in  breach  of  confidentiality.  In  addition,  all 
patent  applications  with  a  filing  date  on  or  after  1  January 
2020,  as  well  as  divisional  applications  initiated  on  or  after 
1 January 2020, will be subject to a substantive examination 
instead  of  relying  on  the  supplementary  examination  route. 
The  supplementary  examination  process  enables  Singapore 
patents  to  be  granted  on  the  basis  of  positive  examination 
results  from  a  corresponding  international  application  or  a 

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WHO can register?
The  inventors  of  the  inventions,  employers  on  behalf  of 
their  employees,  or  people  owning  the  rights  to  a  patent 
by  virtue  of  an  agreement,  may  make  an  application  for  a 
patent in Singapore. Whilst there are no restrictions regarding 
nationality  or  residency,  an  address  in  Singapore  must  be 
provided.

Which LANGUAGES can I use?
Applications for a patent must be in English.

How much does it COST?
The basic fees (charged by the IPOS) for patent registration 
in  Singapore  are  comprised  of  (i)  Application  Fees  of  SGD  
160 (EUR  106), (ii) Search and Examination Fees, which vary 
from  SGD   1 350  to  3 000  (EUR   894  to  1 988)  depending  on 
the search and examination routes selected, and (iii) Granting 
Fees of SGD  200 (EUR  133).

In  line  with  Singapore’s  Smart  Nation  push  towards  the 
adoption of cashless and digital payment, the IPOS adopted 
100 %  e-payment  after  1  November  2018.  Non-digital 
payments, such as cash, cheque and bank drafts are no longer 
acceptable. 

Please  refer  to  the  IPOS  website  (https://www.ipos.gov.sg/
resources/patent)  for  further  details  and  information  on  the 
applicable forms and fees.

Accelerated Programmes
12 Months File-to-Grant 
You  can  seek  for  the  granting  of  Singapore  patent  within  a 
period of 12 months from the filing of the application if there 
are no objections and you follow the specified time limits for 
certain actions and requirements of the IPOS. For more details, 
please check out https://www.ipos.gov.sg/docs/default-source/
Protecting-your-ideas/Patent/requirements-to-obtaining-a-
patent-grant-within-12-months.pdf.

Accelerated initiative for Artificial Intelligence (AI2) 
From 26 April 2019, under AI2, the IPOS started accelerating 
the granting of AI patent applications to as little as six months 
(compared to an average period of two years or more under 
the  usual  process).  The  AI2  initiative  will  run  for  a  period  of 
two years.

The FinTech Fast Track (FTFT)
The FTFT initiative is an accelerated programme to speed up 
the grant process for financial technology patent applications. 
If the requirements for the FTFT initiative are met, IP holders 
can  expect  patents  to  be  granted  in  as  little  as  six  months. 
The FTFT was launched on 26 April 2018 and extends to 25 
April 2020. 

ASEAN Patent Examination Co-operation (ASPEC)
ASPEC is a regional patent work-sharing programme involving 
9 of the 10 IP offices in the ASEAN member countries (only 
Myanmar  is  not  yet  involved).  The  objectives  of  ASPEC  are 
to reduce complexity, achieve time savings and improve the 
quality of searches and examinations. This means that the IP 
offices  can  share  the  results  of  searches  and  examinations. 
Applicants in participating countries can obtain corresponding 
patents faster and more efficiently as a result. The programme 
reduces duplication on the search and examination work done, 
thereby  saving  time  and  effort.  Additionally,  the  search  and 
examination work done on a corresponding application serves 
as a useful reference for producing quality reports. In practical 
terms,  this  means  that  a  patent  application  from  another 
ASEAN country can take advantage of expedited processes at 
the IPOS, allowing for a speedier granting of patent protection. 
ASPEC is free of charge and operates in English in all ASEAN 
IP offices (except Myanmar). 

Patent Prosecution Highway (PPH) 
PPH  is  an  agreement  that  one  IP  office  may  accelerate  the 
process of a patent application by referring to the examination 
results of another IP office, so that the applicant can obtain a 
definitive answer quickly. Currently, the IPOS has bilateral PPH 
pilot programmes with the China National Intellectual Property 
Administration  (CNIPA),  the  Mexican  Institute  of  Industrial 
Property (IMPI) and the European Patent Office (EPO), and also 
participates  in  the  Global  PPH  network,  which  comprises  25 
PPH-partner offices. To initiate the accelerating process under 
the PPH, an applicant must submit a PPH request to the IPOS.

For  more  details  on  the  accelerated  programmes,  forms 
and 
requirements,  please  check  out  https://www.ipos.
gov.sg/protecting-your-ideas/patent/application-process/
accelerated-programmes.

Patent TIPS and things to 
WATCH OUT for in Singapore

•  Following  the  National  Security  Clearances,  if  you 
are a resident of Singapore and wish to apply for a 
patent outside Singapore, you are required to obtain 
a written authorisation from the IPOS before filing an 
application.  This  request  is  free  of  charge  and  you 
can  receive  the  clearance  in  a  little  as  three  to  five 
working days.
It is recommended that inventors keep proper records 
of their research in thread-bound record books, and 
date  each  entry.  This  will  be  useful  as  evidence  of 
the development of the invention should any dispute 
arise.

• 

•  Consider  utilising  the  Accelerated  Programmes  to 

shorten the patent registration process.

For  more  information  on  patent  protection  in  Singapore,  check  out 
our South-East Asia IPR SME Helpdesk Guide to Patent Protection 
in  South-East  Asia,  which  is  available  to  download  from  our 
website,    https://www.southeastasia-iprhelpdesk.eu/sites/default/files/
publications/EN_patent.pdf.

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C. Designs

WHAT is a design?
In  a  legal  sense,  a  design  constitutes  the  ornamental  or 
aesthetic aspect of an article, or even a non-physical product. 
A design may consist of three-dimensional features, such as 
the shape of an article or an ornament applied to it, or two-
dimensional features, such as patterns, lines or colour.
In order to be registrable a design must be novel. An industrial 
design is considered to be new when it has not been registered 
in  Singapore  or  elsewhere  before,  or  published  anywhere  in 
the world before the date of the application for the first filing. 
A registered design is a right granted to the owner of a design 
to stop others from making, importing or selling, without their 
permission,  an  article  to  which  that  design,  or  a  design  not 
substantially different from it, has been applied.

Designs in Singapore: what you need to know
A  design  that  qualifies  for  registration  in  Singapore  must 
be  new.  That  is  to  say,  as  mentioned  above,  the  design 
must  not  have  been  registered  in  Singapore  or  elsewhere 
before,  or  published  anywhere  in  the  world  before  the  date 
of the application for the first filing. The following cannot be 
registered as a design:
•  Designs that are contrary to public order or morality;
•  Computer  programs  or  layout  designs  of  integrated 

circuits;

•  Designs  applied  to  certain  articles,  such  as  wall  plaques, 
medals  and  medallions,  and  printed  matter  primarily  of 
a literary or artistic character (e.g. calendars, certificates, 
coupons,  greeting  cards,  leaflets,  maps,  playing  cards, 
postcards, stamps, and similar articles);

•  Methods or principles of construction;
•  Designs that are solely functional;
•  Designs  that  are  dependent  upon  the  appearance  of 
another  article  or  non-physical  product,  of  which  it  is 
intended by the designer to form an integral part or enable 
the article or non-physical product to be connected to, or 
placed in, around or against, another article or non-physical 
product so that either article or non-physical product may 
perform its function.

Singapore’s Designs-Related Legislative Amendments entered 
into  force  on  30  October  2017.  Accordingly,  the  scope  of 
designs  that  can  be  registered  were  broadened  to  include 
virtual  designs  of  non-physical  products  and  colours  as  one 
of the features of a design. The designer is now recognised 
as  the  default  owner  of  the  commissioned  design  unless 
otherwise agreed in the contract. 

Under the amendments, the grace period for design disclosure 
prior to the filing date was broadened to 12 months, meaning 
that the applicant has up to 12 months from the disclosure 
date  of  the  design  to  submit  his  design  application  in 
Singapore.  However,  it  is  worth  noting  that  not  all  countries 
adopt this kind of exception, so a disclosure can impede the 
future registration of the design in other countries because of 
the lack of novelty. Thus, in case you wish to obtain protection 
overseas  for  the  same  design,  it  is  advisable  to  maintain 
confidentiality around the design until the first application has 
been filed.

The amendments also included changes to allow for filing a 
single application for multiple designs (up to 50 designs) of 
articles  or  non-physical  products,  provided  that  the  designs 
are classified in the same or related class(es).

Singapore  has  a  first-to-file  system.  The  first  person  to  file 
an  application  in  respect  of  a  design  will  have  priority  over 
others. In other words, regardless of the actual inventor of a 
particular design, whoever first registers it is the legal owner, 
and  any  subsequent  application  will  be  rejected  under  the 
grounds  that  it  is  not  new.  Therefore,  you  should  consider 
applying for a registered design as soon as possible.

It is possible to claim the filing date of an earlier application 
filed  in  a  country  that  is  a  member  of  the  Paris  Convention 
for the Protection of Industrial Property (https://www.wipo.int/
treaties/en/ip/paris/) or the WTO in order to protect the same 
design,  provided  that  the  Singaporean  application  is  filed 
within six months of the earlier application. 

Singapore is a member of the Hague Agreement Concerning 
the  International  Registration  of  Industrial  Designs  and  the 
Hague System for the International Registration of Industrial 
Designs  (https://www.wipo.int/hague/en/).  The  Hague  System 
makes it easier for an applicant to obtain design protection in 
many countries simultaneously by filing only one application, 
in one language and paying one set of fees to one office. 

How LONG does legal protection last?
The initial period of registration for a design is five years from 
the date of registration. The period of registration for a design 
may be extended for a second and third period of five years, by 
applying for an extension and paying the prescribed extension 
fees. The protection, therefore, could last for a maximum of 
15 years. 

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WHO can register?
The designer(s) of the design or persons entitled to the design 
(e.g.  by  virtue  of  employment  or  an  assignment)  may  apply 
to register the designs in Singapore. There are no restrictions 
regarding  nationality  or  residency.  However,  an  address  in 
Singapore must be provided.

Which LANGUAGES can I use?
Applications must be in English.

How much does it COST?
The  basic  filing  fee  (official  fee  charged  by  the  IPOS)  for 
lodging  a  design  application  is  around  SGD 250  for  each 
design contained in the application (approximately EUR 166). 
If you wish to include a request for Deferment of Publication, 
an additional fee of SGD 40 (approximately EUR 27) is required.

Registered Design TIPS and 
things to WATCH OUT for in Singapore

•  Where the design has been registered and copyright 
subsists in the corresponding design, there will only be 
protection under  the Singaporean Registered Design 
Act. This is to prevent dual protection under both the 
registered  design  and  copyright  regimes.  However 
as soon as the 15-year protection period lapses, the 
design  will  be  entitled  to  copyright  protection  under 
the Singaporean Copyright Act again. 

•  Where  the  design  is  registrable,  all  steps  should  be 
taken  to  register  it.  Otherwise,  neither  copyright 
protection  nor  registered  design  protection  are 
available when the design is industrially applied and 
exploited commercially. 

•  A grace period is applied in Singapore. If you wish to 
obtain  protection  for  your  design  in  Singapore  and 
other  countries,  it  is  advisable  to  keep  the  design 
secret until the first application has been filed. 

For  more  information  on  design  protection  in  Singapore,  check  out 
our South-East Asia IPR SME Helpdesk Guide on Industrial Designs 
Protection in South-East Asia, which is available to download from our 
website,https://www.southeastasia-iprhelpdesk.eu/sites/default/files/
publications/industrial_designs_protection_in_south-east_asia.pdf.

HOW do I register?
The completed request form and the prescribed fee must be 
submitted  to  the  IPOS  either  online  via  https://www.ip2.sg/
RPS/RPSLogin/SPLogin.aspx or by hand/post to the Registry of 
Designs at the IPOS. 

The application must contain, inter alia:
•  A  Statement  of  Novelty  describing  the  features  of  the 

design which the applicant considers to be new.

•  Disclaimers  —  if  the  design  contains  generic  elements 
such  as  numerals  or  letters,  the  applicant  is  encouraged 
to disclaim these elements in the Statement of Novelty (to 
avoid the delays and costs related to possible objections).
•  Representations of the design showing the various views of 
the design. Designs can be two- or three-dimensional and 
each design should be shown graphically in representations. 
For  non-physical  products,  the  representation  of  the 
design should show the design applied to the non-physical 
product and not the device for projecting the non-physical 
product. Applicants are encouraged to prepare and submit 
as  many  views  of  the  design  as  possible,  such  as  front 
view,  back  view,  right  view,  left  view,  bottom  view,  top 
view and perspective view, with the application to enhance 
the chances of registration. Photos of the design are also 
acceptable under certain conditions.

•  The appropriate class and sub-class of the article under the 
Locarno  Classification  (i.e.  the  international  classification 
system  used  to  classify  goods  for  the  purposes  of  the 
registration  of  industrial  designs,  for  more  information:  
https://www.wipo.int/classifications/locarno/en/).

•  Details of a priority claim, if applicable.
•  The application fee.

You can file up to 50 designs within a single application if the 
designs relate to the same class or similar classes.  

The  IPOS  will  assess  the  application  to  ensure  that  all 
requirements are met. In accordance with Circular No. 1/2019 
(checks  on  Declaration  of  Novelty  in  Design  Applications), 
examiners  have  deepened  the  examination  of  the  Novelty 
Statement and are now conducting substantive examinations 
of this aspect, meaning that they will verify the novelty of the 
design before granting protection. 
It takes around four months to register a design in Singapore 
when things go smoothly (no rejections or deficiencies).

Once registered, details of the design will be published in the 
Designs  Journal  and  maintained  by  the  Registry  of  Designs. 
You  are  able  to  request  that  the  publication  of  the  design 
is  delayed  for  up  to  18  months  from  the  filing  date  of  the 
application,  provided  that  the  request  is  submitted  when 
applying for registration and an additional fee is paid. 

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D. Trade Marks

WHAT are trade marks?
A trade mark is a sign such as a letter, word, number, device, 
brand,  three-dimensional  shape,  colour,  hologram,  sound, 
scent  or  a  combination  of  these  elements,  which  is  capable 
of being graphically represented and being used in the course 
of trade to distinguish your goods or services from those of 
others. 

The law provides a number of circumstances under which a 
mark is not eligible for protection, such as when it is identical 
with  or  confusingly  similar  to  national  flags  or  emblems,  or 
when it would cause misunderstanding or confusion as to the 
origin, properties, quality, or other characteristics of the goods 
or services. It also cannot be identical or confusingly similar 
to another person’s mark that has already been registered or 
used for identical or similar goods or services.

Trade marks in Singapore: What you need to know
Registered trade marks enjoy additional statutory protection 
under  the  Trade  Marks  Act  and  the  registered  proprietor 
has  certain  remedies  available  to  them  in  the  event  of  an 
infringement.

In the absence of a registration under the Trade Marks Act, a 
mark which is used by a trader in the course of his trade may 
still be protected under the common law ‘tort of passing off’. 
The  ‘law  of  passing  off’  essentially  prevents  other  traders 
from  unfairly  riding  on  the  reputation  and  successes  that 
you have built for your trade mark. Three factors need to be 
proved before a claim of passing off can succeed: (i) that you 
have established ‘goodwill’ or a good reputation for your trade 
mark  within  Singapore;  (ii)  that  the  defendant  has  made  a 
misrepresentation to the public, suggesting that their goods 
or services are in some way associated or connected with you; 
(iii)  as  a  result,  you  have  suffered  damage  to  your  brand’s 
reputation. However, the legal remedies available to you are 
more limited than if you had registered the trade mark.

A  trade  mark  does  not  have  to  be  in  use  before  it  can  be 
applied  for  or  registered,  this  is  especially  important  to 
note, as Singapore adopts a strict first-to-file rule. However, 
all  applications  for  registration  should  be  filed  with  a  clear 
intention to use the mark in the course of trade (considering 
that registered trade marks are vulnerable to a cancellation 
action if they are not put into genuine use for five consecutive 
years).

As  provided  by  the  EUSFTA,  in  cases  where  registration  for 
a trade mark is refused, the Registry of Trade Marks at the 
IPOS shall give reasons in writing. The applicant shall have the 
opportunity to appeal before a judicial authority.

How LONG does legal protection last?
Once  a  trade  mark  is  registered,  it  will  be  protected  for  10 
years and the registration can last indefinitely if it is renewed 
every 10 years. 

HOW do I register?
An application for trade mark registration must be made using 
the  official  form,  which  can  be  downloaded  at  https://www.
ipos.gov.sg/resources/trade-mark and submitted to the IPOS. 
Your trade mark application must include:
•  The name and address of the applicant.
•  A clear graphical representation of your trade mark.
•  A list of goods and/or services in relation to which you wish 
to register your trade mark. The goods and services need 
to  be  listed  in  class(es),  conforming  to  the  International 
Classification  of  Goods  and  Services  as  prescribed  by  the 
Nice Agreement (https://www.wipo.int/classifications/nice/en/).
•  A declaration of your use of, or intention to use, the mark.
•  Priority claim details, if any. 
•  The application fees. 

The  application  can  be  sent  online  on  the  IPOS  website 
IP2SG (E-services portal by IPOS). Since mid 2019 it has also 
been possible to submit the application using a smartphone 
application called IPOS Go. 
Please find more information here: 
https://www.ipos.gov.sg/e-services/.

Registrations in person can also be made at this address:
Registry of Trade Marks
Intellectual Property Office of Singapore
1 Paya Lebar Link, #11-03, PLQ 1, Paya Lebar Quarter
Singapore 408533

The  IPOS  will  assess  the  application  to  ensure  that  all 
formalities are met before conducting the relevant searches 
and examinations to ensure that the mark is registrable. After 
that,  the  application  will  be  published  in  the  Trade  Marks 
Journal  for  public  inspection,  and  if  no  oppositions  are  filed 
against the application within two months, the trade mark will 
proceed  to  registration.  It  usually  takes  six  to  nine  months 
to register a trade mark in Singapore when everything goes 
smoothly. 

Please refer to the IPOS website (www.ipos.gov.sg) for further 
details  and  information  on  the  application  and  registration 
process.

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WHO can register?
Any individual, firm or company claiming to be the owner of 
a  trade  mark  may  file  for  registration.  Whilst  there  are  no 
restrictions regarding nationality or residency, an address in 
Singapore must be provided.

Which LANGUAGES can I use?
Applications for registration must be in English.

How much does it COST?
The basic filing fee (charged by the IPOS) for lodging a trade 
mark  application  in  one  class  is  SGD  341  (approximately  
EUR  226)  for  online  filing  and  SGD  374  (approximately  
EUR 248) for manual filing. Fees are discounted if the items 
are included from the pre-approved database available on the 
website.  Please  refer  to  the  IPOS  website  (www.ipos.gov.sg) 
for  further  details  and  information  on  the  application  forms 
and fees. 

Trade mark TIPS and things to 
WATCH OUT for in Singapore

E. Geographical Indications

WHAT are GIs?
A  GI  is  a  distinctive  sign  used  to  identify  a  product  as 
originating  in  the  territory  of  a  particular  country,  region  or 
locality,  where  its  quality,  reputation  or  other  characteristic 
is linked to its geographical origin. Champagne from France, 
Parmigiano  Reggiano  from  Italy,  Scotch  Whisky  from  the 
United Kingdom and Φέτα/Feta from Greece are all examples 
of European GIs. 

Singaporean law provides a number of circumstances under 
which a GI is not eligible for protection, such as when it is not 
protected in its country of origin, is identical, similar or could 
be  confused  with  earlier  trade  marks,  shares  an  identical 
common  name  with  other  goods,  contains  the  name  of  a 
plant  variety  or  animal  breed,  or  is  not  within  the  scope  of 
the 14 prescribed categories of goods below. In cases where 
there  might  be  possible  confusion  with  a  registered  trade 
mark, a letter of consent from the registered proprietor or the 
applicant of a trade mark might be requested.

1. Wines
2. Spirits
3. Beers
4. Cheese
5. Meat and meat products
6. Seafood
7. Edible oils
8. Non-edible oils
9. Fruits
10. Vegetables
11. Spices and condiments
12. Confectionery and baked goods
13. Flowers and parts of flowers
14. Natural gum

•  Before  filing  a  trade  mark  application,  conducting 
pre-filing  searches  to  ascertain  the  availability  of 
your trade mark for registration in Singapore is highly 
recommended.  You  can  run  a  trade  mark  search 
via  IPOS’s  IP  search  portal,  https://www.ip2.sg/RPS/
WP/CM/SearchSimpleP.aspx?SearchCategory=ip. 
Simultaneous searches can also be made at regional/
international  aggregate  database  portals  such  as 
ASEAN TMview (http://www.asean-tmview.org/tmview/
welcome),  TMview 
(https://www.tmdn.org/tmview/
welcome)  and  the  WIPO’s  Global  Brand  Database 
(https://www3.wipo.int/branddb/en/).
It is possible to use the IPOS Go Mobile App (https://
www.ipos.gov.sg/e-services/#mobileapp) 
to  apply, 
renew, and search for trade marks in Singapore. You 
also  can  follow  your  application  status  updates  and 
read  correspondence  from  the  IPOS,  and  view  and 
manage a portfolio of your trade mark applications.
If, following its registration, you do not use your trade 
mark for five consecutive years from the completion 
date of the registration in Singapore, you are exposed 
to  its  cancellation  for  non-use.  Any  interested  party 
can apply to the Registry of Trade Marks to have an 
inactive  registered  trade  mark  removed  by  showing 
proof of non-use.

• 

• 

For  more  information  on  trade  mark  protection  in  Singapore,  check 
out  our  South-East  Asia  IPR  SME  Helpdesk  Guide  to  Trade  Mark 
Protection  in  South-East  Asia,  which  is  available  to  download  from 
our  website,  https://www.southeastasia-iprhelpdesk.eu/sites/default/
files/publications/sea-trademarks-ea-02-20-035-en.pdf.pdf

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Singapore 

GIs in Singapore: what you need to know
Singapore  recently  strengthened  its  existing  GI  protection 
regime by setting up a system (effective from 1 April 2019) that 
allowed GIs to be registered. Originally, the EUSFTA included 
a  list  of  196  European  GIs  that  could  apply  for  registration 
in 
(http://trade.ec.europa.eu/doclib/docs/2013/
september/tradoc_151762.pdf) mainly covering wines, spirits, 
foodstuffs and agriculture products. As of 1 February 2020, a 
total of 139 European GIs have been registered in Singapore.
In  Singapore,  GIs  may  be  protected  in  various  ways,  as 
unregistered  GIs,  registered  sui  generis  GIs,  collective 
marks,  and  certification  marks.  Singapore  committed  to 
protect  GIs  under  the  WTO  TRIPS  Agreement,  which  allows 
unregistered  GIs  to  enjoy  prescribed  protection.  However, 
when a GI is registered with the IPOS, it can enjoy a higher 
level of protection than unregistered GIs, e.g. the producers, 
traders,  or  associations  of  such  producers  and/or  traders 
of  any  registered  GI  may  request  Singapore  Customs  to 
detain  goods  suspected  of  infringements  that  are  expected 
to be imported into or exported out of Singapore. Enhanced 
border  enforcement  measures  for  counterfeited  GIs  will  be 
implemented within three years of the entry into force of the 
EUSFTA, in accordance with EUSFTA obligations.

GIs  may  be  registrable  as  collective  marks  where,  for 
example, the applicant is the association of producers of the 
goods protected by the GI. In addition, GIs can be registered 
under the Trade Marks Act in the form of certification marks. 
This sends the message to the consumer that the goods are 
certified as being the produce of a particular location.

HOW do I register?
Currently, there is no online system for filing GI applications. A 
GI application must be made using the official form, which can 
be downloaded from the IPOS website at https://www.ipos.gov.
sg/resources/geographical-indication and filed in hard copy to:

Registry of Geographical Indications
Intellectual Property Office of Singapore
1 Paya Lebar Link, #11-03, PLQ 1, Paya Lebar Quarter
Singapore 408533

The following information must be provided in an application 
for the registration of a GI (Form GI1):
•  The name, address, address for service in Singapore, and 

nationality of the applicant;

•  The capacity in which the applicant is applying for 

registration;

•  The representation of the GI for which registration is 

sought; 

•  The geographical area to which the GI applies;
•  The goods to which the GI applies;
•  The quality, reputation or other characteristic of the goods 
and how that quality, reputation or other characteristic is 
essentially attributable to the place from which the goods 
originate;

•  Evidence that the GI has obtained recognition or 

registration as a GI in the qualifying country of origin (for 
countries other than Singapore);

•  The application fees. 

How LONG does legal protection last?
A registered GI will be protected for 10 years. The registration 
can be renewed every 10 years, subject to the payment of a 
renewal fee. 

The address for service in Singapore is the address to which 
correspondences relating to the application will be sent to the 
applicant.

After the filing, the GI Registry will conduct a formality check 
and,  if  all  the  requirements  are  met,  the  application  will 
proceed to the examination stage. When the conditions for the 
registration of the GI have been satisfied, it will be published in 
the Geographical Indications Journal for opposition purposes 
for six weeks. If no opposition is raised during this period, a 
certificate  of  registration  will  be  issued  to  the  applicant.  It 
usually takes about two months for a GI to be registered in 
Singapore, if the application does not contain any deficiencies 
or  face  any  objection.  Otherwise,  the  total  processing  time 
may be longer.

South-East Asia IPR SME Helpdesk - IP Factsheet: SINGAPORESouth-East Asia IPR SME Helpdesk - IP Factsheet: SINGAPOREWHO can register?
An application for the registration of a GI can only be filed by 
the following people:
a.  Someone  carrying  out  an  activity  as  a  producer  of  the 
goods  specified  in  the  application  and  working  in  the 
geographical area specified in the application;

b.  An association of people referred to in (a); 
c.  A competent authority bearing responsibility for the GI for 

which registration is sought.

Which LANGUAGES can I use?
Applications for registration must be in English.

How much does it COST?
The  application  fee  for  registering  a  GI  for  sui  generis 
protection in Singapore is SGD  1 000 (approximately EUR  663). 
As  of  18  November  2019,  IPOS  launched  a  new  online 
payment platform on IP²SG for GI applications.

GI TIPS and things to WATCH OUT  
for in Singapore

•  Before  you  apply  to  register  a  GI,  it  is  advisable  to 
conduct a search to ascertain the availability of your 
GI  for  registration  in  Singapore.  You  might  need  a 
consent letter for the registration of a GI if it conflicts 
with an earlier GI or trade mark.

•  After the GI is registered in Singapore, it should be put 
into use in commercial activities to avoid the risk of 
cancellation by the registrant or any third parties who 
may  allege  a  failure  to  maintain  commercialisation, 
promotion or market monitoring in relation to the GI.

11

F. Trade secrets

WHAT are trade secrets?
Trade secrets are defined by Singaporean law as confidential 
business  information  by  which  an  enterprise  can  obtain  an 
economic  advantage  over  its  competitors,  for  example,  a 
secret  manufacturing  process,  customer  information,  trade 
volumes,  a  secret  recipe,  etc.  Arguably  the  most  famous 
example of a trade secret is the Coca Cola™ recipe, which has 
been closely guarded by the company for over one hundred 
years.

Trade secrets in Singapore: What you need to know
Trade secrets are protected under Singaporean law, however, 
the  trade  secret  must  be  ‘confidential’,  meaning  that  the 
information is not freely available in the public domain. SMEs 
must also be able to prove that an obligation of confidence 
was clearly stated during dealings with third parties, such as by 
signing non-disclosure agreements or having a confidentiality 
clause  within  signed  agreements.  This  is  common  practice 
and,  unlike  the  EC,  there  is  no  specific  legislation  for  the 
protection of trade secrets. 

How LONG does legal protection last?
Trade secrets can be protected for an unlimited period of time 
as long as they do not become common knowledge or become 
generally available to the public.

Trade secret TIPS and things to 
WATCH OUT for in Singapore

•  Exercise  caution  when  sharing  your  trade  secrets 
with potential trading partners or investors. Any trade 
secret should only be shared with a recipient after he 
has  signed  a  non-disclosure  agreement.  In  addition, 
it  is  always  advisable  to  sign  a  non-disclosure 
agreement with your employees.
It is good practice to mark all documents containing 
trade  secrets  as  ‘Confidential’  or  ‘Trade  Secret’  in 
order  to  prove,  if  needs  be,  that  it  was  made  clear 
to all parties that the piece of information you were 
seeking to protect was secret.

• 

For  more  information  on  trade  secret  protection  in  Singapore,  check 
out our South-East Asia IPR SME Helpdesk Guide to Protecting Your 
Trade Secrets in South-East Asia, which is available to download from 
our  website,  https://www.southeastasia-iprhelpdesk.eu/sites/default/
files/publications/Trade-Secrets-English.pdf.

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4) Using CUSTOMS to Block Counterfeits 

HOW can customs help in protecting IP?
Singapore  Customs  is  a  governmental  agency  run  by  the 
Ministry  of  Finance.  Their  objective  is  the  implementation 
of  customs  and  trade  enforcement  measures,  including  the 
checking  and  detainment  of  suspected  infringing  goods 
crossing the border.

Singapore’s  port  is  a  major  transit  point  for  imports  and 
exports travelling between Europe and East Asia. EU exporters 
in  a  number  of  sectors  have  set  up  distribution  centres  in 
Singapore’s  harbour  to  serve  the  wider  region.  To  promote 
vigilance  and  bolster  the  safety  and  security  of  legitimate 
trade, 
to  strengthen 
cooperation in the field of customs. In particular, the EUSFTA 
will facilitate the granting of assistance based on reasonable 
suspicions  about  any  operation  being  in  breach  of  customs’ 
legislation and will promote a greater exchange of information 
between authorities. 

the  EUSFTA  contains  provisions 

Customs in Singapore: what you need to know
There  is  no  official  recordal  system  in  Singapore  via  which 
SMEs can request that customs monitor suspected infringing 
goods  being  imported  into  Singapore  and  notify  interested 
parties. 

WHAT can be registered?
There is no official IP recordal system for Singapore Customs. 
However,  border  enforcement  can  be  activated  by  giving 
written notice to customs about the suspected importation of 
IPR-infringing goods. 
This  protection  can  only  be  activated  for  registered  trade 
marks and copyrighted materials. Singapore Customs do not 
have  the  power  to  search  for  and  detain  goods  thought  to 
be  infringing  a  patent.  Occasionally  customs  may  also  act 
ex  officio  and  detain  goods  imported  into  or  exported  from 
Singapore,  and  goods  which  are  in  transit  in  Singapore  and 
consigned to a local person. 

How LONG does legal protection last?
The IP owner must file a written notice to customs to inform 
them  of  each  suspected  shipment.  For  seizure  requests, 
the  notice  granted  by  the  Director  General  is  valid  for  60 
days,  during  which  the  infringing  items  will  be  seized.  The 
claimant must institute an action for copyright or trade mark 
infringement within 10 days of the date specified in the notice 
of seizure as issued by the Director General (extendible once 
for 10 more working days). 

As with ex-officio seizures, customs will inform the right holder 
shortly afterwards. The said right holder must give notice of 
their intentions in writing within 48 hours if the seized items 
are to remain in detention. 

HOW do I register?
If  you  have  details  about  a  suspected  illegal  shipment  in 
advance,  you  can  activate  border  enforcement  by  giving 
written  notice  (the  official  form  can  be  found  here  https://
www.customs.gov.sg/businesses/border-enforcement-of-
intellectual-property-rights/quick-guide-for-copyright-and-
trade-mark-owners-and-licensees) to customs of a suspected 
importation of IPR-infringing goods. 

The notice must be accompanied by:
•  A  statutory  declaration  that  the  particulars  in  the  notice 

are true.

•  A prescribed fee. 
•  Evidence of the authority of the person giving the notice 

(when the notice is given by an agent).

•  A  copy  of  the  certificate  of  registration  in  relation  to  the 
Singapore-registered trade mark (in the case of goods that 
are suspected of infringing on a trade mark).

•  Security, in the form of a deposit of money or a guarantee 
issued by a bank, finance company or insurance company 
in  Singapore.  Please  contact  Operations  Management 
Branch,  Singapore  Customs,  on  the  specifics.  Guarantees 
remain in force (a) until 31 December of the following year 
in  the  case  of  annual  security,  or  (b)  for  one  year  in  the 
case of one-time security.

•  A  Letter  of  Undertaking  to  bear  all  costs  relating  to  the 
seizure,  transportation,  storage  and  disposal  of  the 
infringing copies or goods.

•  A copy of the registration certificate and evidence that the 
registration  has  been  duly  renewed  (for  trade  marks,  if 
applicable). 

The notice may be sent via email:   
customs_intelligence@customs.gov.sg, 
or delivered by hand/post to:
Singapore Customs, 
(attention: Operations Management Branch)
55 Newton Road #10-01, 
Revenue House,
Singapore 307987

Notice  given  to  the  Director  General  is  valid  for  60  days. 
Within this period, Singapore Customs will seize the infringing 
copies  or  goods  if  they  are  being  imported  into  Singapore. 
The objector and the importer or consignee will be informed 
of the seizure.

The objector has to institute an action for copyright or trade 
mark infringement and notify the Director General accordingly 
within 10 working days of the issue of the notice of seizure by 
the Director General. The time limit for initiating infringement 
action may be extended by a further 10 working days at the 
request of the objector.

South-East Asia IPR SME Helpdesk - IP Factsheet: SINGAPORESouth-East Asia IPR SME Helpdesk - IP Factsheet: SINGAPOREWHO can register?
The  IPR  owner,  its  licensee,  or  their  agents  can  give  written 
notice to customs of a suspected importation of IPR-infringing 
goods.

Which LANGUAGES can I use?
The written notice must be lodged in English.

How much does it COST?
The official fee for lodging each written notice is around 
SGD  200 (approximately EUR  133).

13

Customs TIPS and things to 
WATCH OUT for in Singapore

•  Customs  protection  can  only  be  activated  for 

registered trade marks and copyright. 

•  SMEs  should  not  rely  on  customs  to  discover  or 
monitor the shipments in question on their behalf, and 
instead  will  need  to  be  proactive  about  monitoring 
this  by  themselves.  However,  should  the  SMEs  have 
details about a suspected illegal shipment in advance, 
it is possible to activate border enforcement by giving 
written notice to customs of a suspected importation 
of  IPR-infringing  goods.  Border  enforcement  can  be 
only  activated  for  IP  that  is  registered  in  Singapore. 
You must institute legal proceedings for trade mark or 
copyright infringement within 10 working days of the 
date of detention.

South-East Asia IPR SME Helpdesk - IP Factsheet: SINGAPORESouth-East Asia IPR SME Helpdesk - IP Factsheet: SINGAPOREEnforcement TIPS and things to 
WATCH OUT for in Singapore

•  As  you  will  not  receive  any  compensation  from  the 
infringer  through  the  criminal  process,  you  may 
simultaneously commence civil litigation proceedings 
to claim monetary compensation.

•  The Patents Act, Copyright Act, Trade Marks Act and 
GI Act contain provisions against groundless threats 
of  infringement.  Therefore,  any  proposed  demand 
letter should be carefully drafted to clarify the legal 
basis  upon  which  your  potential  infringement  claim 
is  premised.  A  statement  which  merely  notifies  the 
other  party  of  the  existence  of  a  patent,  copyright, 
trade  mark  or  GI  does  not  constitute  a  threat  of 
proceedings.

14

5) ENFORCING your IP 

In the case of IP assets being infringed in Singapore, besides 
using  customs  to  block  counterfeits  (customs  are  described 
separately, in Part 4 above), there are two other main avenues 
of  enforcement:  civil  litigation  and  criminal  prosecution.  In 
many cases however private mediation via legal professionals 
is more effective. This should be considered as a viable option, 
particularly  for  SMEs  that  are  often  faced  with  budgetary 
constraints.  Unlike  most  ASEAN  countries,  there  are  no 
administrative actions available in Singapore.

Civil litigation
In  general,  civil  litigation  proceedings  may  be  instituted  for 
patent, copyright, trade mark or GI infringements, and breach 
of  contract  cases  involving  trade  secrets  and  confidential 
information.  The  remedies  the  courts  may  award  in  such 
proceedings  include  damages  (or  an  account  of  profits), 
statutory  damages,  an  injunction,  and  the  disposal  of 
infringing goods.

Criminal prosecution
This applies mainly to the Copyright Act and the Trade Marks 
Act, which provide criminal penalties for infringers. As an IPR 
owner, you may initiate a private criminal prosecution against 
an  infringer  for  such  offences.  Alternatively,  the  Intellectual 
Investigation 
Property  Rights  Branch  of 
Department may prosecute the infringer on its own initiative. 
At  the  end  of  a  successful  criminal  prosecution  case,  the 
infringer  will  be  ordered  by  the  courts  to  pay  a  fine  and/or 
serve an imprisonment term.

the  Criminal 

South-East Asia IPR SME Helpdesk - IP Factsheet: SINGAPORESouth-East Asia IPR SME Helpdesk - IP Factsheet: SINGAPORE15

6) RELATED LINKS and Additional Information 

• 

IPOS - http://www.ipos.gov.sg/

• 

IPOS e-search filing and registration services -  
https://www.ip2.sg/RPS/RPSLogin/SPLogin.aspx

•  Singapore Customs - https://www.customs.gov.sg/

•  South-East Asia IPR SME Helpdesk website -  
http://www.southeastasia-iprhelpdesk.eu

• 

IPR Helpdesk Blog - for all the latest news and informa-
tion on IP in South-East Asia and China -  
http://www.youripinsider.eu

•  EU Delegation to Singapore -  

https://eeas.europa.eu/delegations/singapore_en http://
eeas.europa.eu/delegations/singapore/index_en.htm

•  WIPO - http://www.wipo.int/

•  The WIPO Arbitration and Mediation Center Singapore 
Office - https://www.wipo.int/amc/en/center/singapore/

•  The Singapore International Arbitration Centre - 

http://www.siac.org.sg/

•  ASEAN IP Portal - http://www.aseanip.org

South-East Asia IPR SME Helpdesk - IP Factsheet: SINGAPORESouth-East Asia IPR SME Helpdesk - IP Factsheet: SINGAPOREFree South-East Asia IP advice for European SMEs

>  For more information and to discuss how we can work together, 

please contact us:

  Tel: +84 28 3825 8116 | Tel: +32 2 663 30 51  
Email: question@southeastasia-iprhelpdesk.eu  
Online: www.ipr-hub.eu

>  If you have a question about protecting intellectual property 

in any South-East Asia country, please contact our free 
conﬁdential helpline at:  

  question@southeastasia-iprhelpdesk.eu 

An initiative of the  
European Commission   

Project implemented by:

PRACSIS

© European Union, 2020. 
Reuse is authorised provided the source is acknowledged. 
The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39.

Guide developed in 2014 in collaboration with: ATMD Bird & Bird 
Guide last updated in: February 2020, in collaboration with IPHub Asia Pte Ltd and Taylor Vinters Via LLC
The contents of this publication do not necessarily reflect the position or opinion of the European Commission. The services of the South-
East Asia IPR SME Helpdesk are not of a legal or advisory nature and no responsibility is accepted for the results of any actions made 
on the basis of its services. Before taking speciﬁc actions in relation to IPR protection or enforcement all customers are advised to seek 
independent advice. 

The paper used in this product is manufactured  
from managed forests and is FSC certiﬁed.

Luxembourg: Publications Office of the European Union, 2020
Print   ISBN 978-92-9202-896-1  doi:10.2826/723186  EA-04-20-200-EN-C
ISBN 978-92-9202-897-8  doi:10.2826/92493  EA-04-20-200-EN-N
PDF 

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