新加坡知识产权局法
发布日期：2020-08-07
THE STATUTES OF THE REPUBLIC OF SINGAPORE
INTELLECTUAL PROPERTY OFFICE OF SINGAPORE ACT
(CHAPTER 140)
(Original Enactment: Act 3 of 2001)
REVISED EDITION 2002
(31st July 2002)
Prepared and Published by
THE LAW REVISION COMMISSION
UNDER THE AUTHORITY OF
THE REVISED EDITION OF THE LAWS ACT (CHAPTER 275)
Informal Consolidation – version in force from 2/1/2011CHAPTER 140
Intellectual Property Office of
Singapore Act
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
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
Informal Consolidation – version in force from 2/1/2011
1
2002 Ed.PART V
FINANCIAL PROVISIONS
Section
13. Funds and property of Office
14. Application of moneys
15. Bank accounts and application of revenue
16. Annual estimates
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
— Constitution and proceedings of Office
Second Schedule — Financial provisions
Intellectual Property Office of
2002 Ed.
Singapore
CAP. 140
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Informal Consolidation – version in force from 2/1/2011Section
Third Schedule
— Offences under written law
An Act to establish and incorporate the Intellectual 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 Intellectual 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 a Copyright Tribunal established
under Part VII of the Copyright Act (Cap. 63);
[23/2009 wef 31/12/2009]
“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 person 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 protection of an
intellectual property whether in Singapore or elsewhere;
Intellectual Property Office of
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CAP. 140
Singapore
2002 Ed.
Informal Consolidation – version in force from 2/1/2011“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
(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 Office 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, INCORPORATION AND CONSTITUTION
OF OFFICE
Establishment and incorporation of Intellectual Property
Office of Singapore
3. There is hereby established a body to be known as the Intellectual
Property Office of Singapore which shall be a body corporate with
perpetual succession 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
Intellectual Property Office of
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Informal Consolidation – version in force from 2/1/2011(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 the 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
(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 respect to the Office, its
members and its proceedings.
PART III
FUNCTIONS, DUTIES AND 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;
Intellectual Property Office of
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2002 Ed.
Informal Consolidation – version in force from 2/1/2011(b) to provide administrative support services to the Copyright
Tribunals in the performance of their functions under the
Copyright Act (Cap. 63);
[23/2009 wef 31/12/2009]
(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 effective use of intellectual
property rights;
(e) to represent the Government internationally 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 intellectual 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 persons desiring to be
intellectual property agents in Singapore;
(j) to manage technical co-operation and exchange in the area of
intellectual property with other persons and organisations,
including foreign intellectual 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.
Intellectual Property Office of
2002 Ed.
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Informal Consolidation – version in force from 2/1/2011(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 the 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 which 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 reasonable 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 company 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;
Intellectual Property Office of
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2002 Ed.
Informal Consolidation – version in force from 2/1/2011(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 authorities, 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, aid or assistance to
any person for all or any of the purposes of this Act;
(k) use the services, records, facilities or personnel 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;
(m) provide bursaries, scholarships and training grants in the
fields of intellectual property;
(n) receive donations, grants, gifts, subsidies 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 promote recreational
activities for, and activities conducive to, the welfare of
officers and employees of the Office and members of their
families; and
(r) do such other acts as are incidental to any of its functions and
powers.
Intellectual Property Office of
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Informal Consolidation – version in force from 2/1/2011(2) This section shall not be construed as limiting 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 fit consisting of members or other persons, or members and
other persons for purposes which, in the opinion of the Office, would
be better regulated and managed by means of such committees.
(2) The Office may, subject to such conditions or restrictions 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 Office under this Act or any other
written law, except the power of delegation conferred by this section.
(3) No delegation under this section shall prevent 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.
(2) The Chief Executive shall —
(a) be known by such designation as the Office may determine;
Intellectual Property Office of
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2002 Ed.
Informal Consolidation – version in force from 2/1/2011(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 person 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 shall 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 any loss or damage
suffered by any member of the public by reason of any error or
omission of whatever 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).
Intellectual Property Office of
2002 Ed.
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Informal Consolidation – version in force from 2/1/2011PART 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 way of grants, subsidies,
donations, gifts and contributions;
(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 derived from any such property
or money.
Application of moneys
14. The moneys of the Office shall be applied only in payment or
discharge of the expenses, obligations and liabilities of the Office 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 account or accounts
with such bank or banks as the Office thinks fit.
(2) Every such account shall be operated by such person or persons
as may from time to time be authorised in that behalf by the Office.
Intellectual Property Office of
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2002 Ed.
Informal Consolidation – version in force from 2/1/2011Annual 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 supplementary 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 the Office, and the Office shall be bound thereby.
Power of investment
17. The Office may invest its moneys in accordance with the
standard investment power of statutory bodies as defined in
section 33A of the Interpretation Act (Cap. 1).
[45/2004 wef 15/12/2004]
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 from
the Government or, with the approval of the Minister for Finance,
raise loans from banks or other financial institutions (whether in
Singapore or elsewhere) by —
(a) mortgage, overdraft or otherwise;
(b) a charge, whether legal or equitable, on any property vested
in the Office or on any other revenue receivable by the Office
under this Act or any other written law; or
Intellectual Property Office of
2002 Ed.
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Informal Consolidation – version in force from 2/1/2011(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 shall 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 Schedule 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 and immovable
property vested in the Government as may be determined by the
Minister for Finance 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 Government relating to that
department and the Copyright Tribunal shall be transferred 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 vested 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.
*This section was not in operation as at 30th June 2002.
Intellectual Property Office of
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2002 Ed.
Informal Consolidation – version in force from 2/1/2011(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.
(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 shall 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 service 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 accrued rights to leave, enjoyed by the persons
transferred to the service of the Office under section 22 while in the
employment of the Government.
Intellectual Property Office of
2002 Ed.
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Informal Consolidation – version in force from 2/1/2011(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 Office 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 allowance 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
such 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 1st April 2001 to which the
Government is a party 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.
Intellectual Property Office of
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Informal Consolidation – version in force from 2/1/2011Pending proceedings
25. Any proceedings or cause of action relating to the portion of the
property, assets, interests, rights, privileges, liabilities and obligations
transferred to the Office under section 21 or to any person transferred
to the service of the Office under section 22 pending or existing
immediately before 1st April 2001 by or against the Government, or
any person acting on its behalf, may be continued and shall be
enforced by or against the Office.
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 section 22, the proceedings shall be carried on and
completed by the Office.
(2) Where on 1st April 2001 any matter was in the course 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 the hearing or
investigation and shall make such order, ruling or direction as it
could have made under the authority vested in it before that date.
(3) Any order, ruling or direction made by a committee 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 vested in the Office under this Act.
Misconduct or neglect of duty by employee before transfer
27. The Office may reprimand, reduce in rank, retire, dismiss or
punish in some other manner a person transferred to the service of the
Office under 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
reprimanded, reduced in rank, retired, dismissed or punished in
some other manner if he had continued to be in the employment of the
Government and if this Act had not been enacted.
Intellectual Property Office of
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Informal Consolidation – version in force from 2/1/2011PART 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 dealing generally with the activities of the Office
during the preceding financial year and containing such 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 exhibit 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
Executive may direct to be carried by officers or employees of the
Office —
(a) require any person whom he reasonably believes to have
committed that offence to furnish evidence of the person’s
identity;
Intellectual Property Office of
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2002 Ed.
Informal Consolidation – version in force from 2/1/2011(b) require any person to furnish any information 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 attendance before the officer
or employee of any person within the limits of Singapore
who, from any information given or otherwise obtained by
the officer or employee, appears to be acquainted 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 excuse 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 has been
committed by a body corporate is proved to have been committed
with the consent or connivance of, or to be attributable to any neglect
on the part of, a director, manager, secretary or any similar officer of
the body corporate, or any person who was purporting to act in any
such capacity, he, as well as the body corporate, shall be guilty of that
offence and shall be liable to be proceeded against and punished
accordingly.
Intellectual Property Office of
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Informal Consolidation – version in force from 2/1/2011(2) Where the affairs of a body corporate are managed by its
members, subsection (1) shall apply in relation to the acts and defaults
of a member in connection with his functions of management as if he
were a director of the body corporate.
(3) Proceedings for an offence under this Act alleged 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 conviction in such
proceedings shall be paid out of the partnership assets.
(5) Where a partnership is guilty of an offence under 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 guilty of the offence and shall be liable to be proceeded against and
punished accordingly.
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 punishment 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 offence a sum of
money not exceeding $1,000.
(2) On payment of such sum of money, no further 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 under this Act or
under any written law set out in the Third Schedule may, with the
authorisation of the Public Prosecutor, be conducted by an officer of
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(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), the 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
administering 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, employee or former employee of
the Office or a member of a committee of the Office shall disclose any
information 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) shall be guilty of an
offence and shall be liable on conviction to a fine not exceeding
$2,000 or to imprisonment for a term not exceeding 12 months or to
both.
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37.—(1) The Office may, with the approval of the Minister, make
rules for carrying out the purposes and provisions of this Act.
(2) Without prejudice to the generality of subsection (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 and discipline and the
terms 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 anything 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 certification 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 provisions of this Act or to be inconsistent with any
provision of this Act.
FIRST SCHEDULE
Section 5(2)
CONSTITUTION AND PROCEEDINGS 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.
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(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 exercisable by the
Chairman under this Act.
Tenure of office of members of Office
3. A member shall hold office on such terms and conditions 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 absence 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.
Revocation of appointment
6. If at any time it appears to the Minister that the removal from office of all or
any of the members is necessary in the interests of the effective and economical
performance of the functions of the Office under this Act, or in the public interest,
the Minister 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 meetings of the Office without sufficient
cause (the sufficiency thereof to be decided by the Office);
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(c) if he resigns from his office; or
(d) on his death.
Filling of vacancies
10. If a vacancy occurs in the membership of the Office, the Minister may
appoint any person to fill the vacancy and the person so appointed shall hold 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 continue to hold office as a member if
he —
(a) is incapacitated by physical or mental illness;
(b) is an undischarged bankrupt or has made any arrangement or composition
with his creditors;
(c) is convicted of an offence involving dishonesty, 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 contract or other matter, and if the Chairman or the 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 general 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 may, after the date of the notice, be made with that corporation or firm shall
be deemed to be a sufficient declaration of interest in relation to any contract so
made if it specifies the nature and extent of his interest in the specified corporation
or firm and his interest is not different in nature or greater in extent than the nature
or extent so specified in the general notice at the time any contract is so made.
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(3) No notice under sub‑paragraph (2) shall be of effect 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 there is a quorum, a member shall be
treated as being present notwithstanding that, under this paragraph, he cannot vote
or has withdrawn from the meeting.
Salaries, fees and allowances payable to Chairman and members
13. There shall be paid to the members out of the funds of the Office such
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 specified 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 Office 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 custody, production and inspection of such minutes, and the opening,
keeping, closing and auditing of accounts.
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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 the 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 fairly 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;
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(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 audit 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 him is entitled at any reasonable
time to full and free access to all accounting and other records relating, directly or
indirectly, to the financial transactions of the Office.
(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 performance 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 financial statements
signed by the Chairman, together with a copy of any report made by the auditor,
shall be submitted to the Minister.
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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 shall 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]
Intellectual Property Office of
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INTELLECTUAL PROPERTY OFFICE OF SINGAPORE ACT
(CHAPTER 140)
This Legislative History is provided for the convenience of users of the
Intellectual Property Office of Singapore Act. It is not part of the Act.
1. Act 3 of 2001 — Intellectual Property Office of Singapore Act 2001
Date of First Reading : 12 January 2001
(Bill No. 1/2001 published on
13 January 2001)
Date of Second and Third Readings : 22 February 2001
Date of commencement : 1 April 2001
2. Act 26 of 2001 — Statutes (Miscellaneous Amendments and Repeal) Act
2001
Date of First Reading : 11 July 2001
(Bill No. 24/2001 published on
12 July 2001)
Date of Second and Third Readings : 25 July 2001
Date of commencement : 1 September 2001
3. Act 5 of 2002 — Statutory Corporations (Capital Contribution) Act 2002
(Consequential amendments made by)
Date of First Reading : 3 May 2002
(Bill No. 7/2002 published on
4 May 2002)
Date of Second and Third Readings : 24 May 2002
Date of commencement : 15 July 2002
4. 2002 Revised Edition — Intellectual Property Office of Singapore Act
Date of operation : 31 July 2002
5. Act 45 of 2004 — Trustees (Amendment) Act 2004
(Consequential amendments made to Act by)
Date of First Reading : 21 September 2004
(Bill No. 43/2004 published on
22 September 2004)
Date of Second and Third Readings : 19 October 2004
Date of commencement : 15 December 2004
Informal Consolidation – version in force from 2/1/2011ii
6. Act 23 of 2009 — Copyright (Amendment) Act 2009
(Consequential amendments made to Act by)
Date of First Reading : 18 August 2009
(Bill No. 16/2009 published on
18 August 2009)
Date of Second and Third Readings : 15 September 2009
Date of commencement : 31 December 2009
7. Act 15 of 2010 — Criminal Procedure Code 2010
(Consequential amendments made to Act by)
Date of First Reading : 26 April 2010
(Bill No. 11/2010 published on
26 April 2010)
Date of Second and Third Readings : 19 May 2010
Date of commencement : 2 January 2011
Informal Consolidation – version in force from 2/1/2011
