Part of a comprehensive analysis of the Registered Designs Act 2000
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Offences Relating to False Entries and False Representations under the Registered Designs Act 2000
The Registered Designs Act 2000 establishes a robust legal framework to protect registered designs in Singapore. Among its key provisions are those that criminalize false entries in the Register and false representations regarding registered designs. These provisions serve to maintain the integrity of the Register and to prevent deception in the marketplace.
"Any person who — (a) makes, or causes to be made, a false entry in the Register; (b) makes, or causes to be made, any thing false purporting to be a copy of an entry in the Register; or (c) produces or tenders or causes to be produced or tendered in evidence any thing referred to in paragraph (b), knowing or having reason to believe the entry or thing (as the case may be) is false shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 5 years or to both." — Section 65, Registered Designs Act 2000
Section 65 targets fraudulent activities that undermine the reliability of the Register. By criminalizing false entries and false copies of entries, it ensures that the Register remains a trustworthy source of information for designers, businesses, and the public. The severe penalties reflect the importance of maintaining public confidence in the registered designs system.
"Any person who falsely represents that a design applied to any article, non‑physical product or set of articles and non‑physical products disposed of by the person for value is registered... 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 12 months or to both." — Section 66, Registered Designs Act 2000
Verify Section 66 in source document →
Section 66 addresses false representations made to induce commercial transactions. This provision protects consumers and competitors from misleading claims about the registration status of designs, thereby promoting fair competition and consumer protection.
"Where an offence under this Act 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, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly." — Section 67(4), Registered Designs Act 2000
Verify Section 67 in source document →
Section 67 extends liability to individuals in positions of authority within corporate entities. This ensures accountability at the managerial level and deters corporate misconduct related to registered designs.
Assistance by Border Authorities: Powers to Seize and Inspect Infringing Goods
To effectively enforce registered design rights, the Act empowers border authorities with specific powers to detect and handle infringing goods. These powers are detailed in Divisions 1 to 4 under the "Assistance by Border Authorities" sections (68A to 68X).
"‘authorised officer’ means — (a) an officer of customs as defined in section 3(1) of the Customs Act 1960; or (b) any officer or class or description of officers appointed under section 68B(2);" — Section 68A, Registered Designs Act 2000
Section 68A defines key terms to clarify the scope of authority and the nature of infringing articles. The definition of "authorised officer" ensures that only designated officials, such as customs officers, have the power to enforce the Act at Singapore’s borders.
"‘infringing article’ means an article in respect of which a design is registered and to which the design, or a design not substantially different from that design, has been applied, where — (a) the article is made in Singapore without the consent of the registered owner and in a way that infringes the design; or (b) the article is made in another country or territory without the consent of the registered owner and in a way that, had it been made in Singapore, would have infringed the design;" — Section 68A, Registered Designs Act 2000
Verify Section 68A in source document →
This definition is crucial for enforcement as it delineates the scope of infringing goods subject to seizure. It covers both domestic and imported goods, ensuring comprehensive protection of registered designs.
"Any person who fails to comply with a requirement under this Part to provide information or to produce any document or thing, or who provides information or produces a document or thing that the person knows to be false or misleading in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 6 months or to both." — Section 68H(3), Registered Designs Act 2000
Verify Section 68H in source document →
Section 68H(3) imposes penalties for non-compliance with information requests by authorised officers. This provision ensures that investigations into potential infringements are not obstructed and that accurate information is provided to facilitate enforcement.
"Any person who obstructs or impedes an authorised officer in the exercise of any power under this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both." — Section 68W, Registered Designs Act 2000
Verify Section 68W in source document →
Section 68W criminalizes obstruction of authorised officers, reinforcing the authority of enforcement personnel and deterring interference with the seizure and inspection process.
Penalties for Non-Compliance and Offences under the Registered Designs Act 2000
The Act prescribes a range of penalties to deter and punish offences related to registered designs. These penalties vary according to the severity and nature of the offence, reflecting the legislative intent to balance deterrence with fairness.
- Section 65: Fine up to $50,000 or imprisonment up to 5 years, or both, for false entries in the Register.
- Section 66(1) and (3): Fine up to $10,000 or imprisonment up to 12 months, or both, for false representation of registration.
- Section 67(4): Liability extends to officers of corporate bodies for offences committed with their consent or neglect.
- Section 68H(3): Fine up to $6,000 or imprisonment up to 6 months, or both, for failure to provide information or providing false information.
- Section 68H(7): Fine up to $6,000 or imprisonment up to 12 months, or both, for unlawful disclosure of information.
- Section 68R(4): Fine up to $6,000 or imprisonment up to 12 months, or both, for failure to comply with vehicle inspection directions.
- Section 68S(4): Fine up to $6,000 or imprisonment up to 6 months, or both, for tampering with secured goods.
- Section 68T(2): Fine up to $6,000 for failure to comply with removal requirements.
- Section 68U(3): Fine up to $6,000 or imprisonment up to 3 months, or both, for refusal to comply with inspection demands.
- Section 68W: Fine up to $15,000 or imprisonment up to 12 months, or both, for obstruction of authorised officers.
These penalties exist to ensure compliance with the Act’s provisions, to protect the rights of registered design owners, and to maintain the integrity of the enforcement process.
Cross-References to Other Legislation Enhancing Enforcement
The Registered Designs Act 2000 incorporates definitions and enforcement mechanisms that cross-reference other Singapore statutes, thereby integrating the enforcement of design rights within the broader legal and regulatory framework.
"‘authorised officer’ means — (a) an officer of customs as defined in section 3(1) of the Customs Act 1960;" — Section 68A, Registered Designs Act 2000
This cross-reference to the Customs Act 1960 empowers customs officers to act as authorised officers under the Registered Designs Act, enabling them to seize infringing goods at the border.
"‘aircraft’ has the same meaning as in section 2(1) of the Regulation of Imports and Exports Act 1995;" — Section 68A, Registered Designs Act 2000
Verify Section 68A in source document →
By adopting definitions from the Regulation of Imports and Exports Act 1995, the Act ensures consistency in terminology related to conveyances such as aircraft, vehicles, and vessels, which are relevant for border enforcement.
"any premises of a provider of port services or facilities licensed or exempted under the Maritime and Port Authority of Singapore Act 1996;" — Section 68V, Registered Designs Act 2000
Verify Section 68V in source document →
This provision allows enforcement actions to extend to premises regulated under the Maritime and Port Authority of Singapore Act 1996, facilitating the inspection and seizure of infringing goods at ports.
"any premises of any airport operated under a licence or exemption under the Civil Aviation Authority of Singapore Act 2009;" — Section 68V, Registered Designs Act 2000
Verify Section 68V in source document →
Similarly, this cross-reference enables enforcement at airports, ensuring comprehensive coverage of all points of entry and exit for goods.
"‘railway’ has the meaning given by the Railways Act 1905." — Section 68V, Registered Designs Act 2000
Verify Section 68V in source document →
Incorporating the Railways Act 1905 definition allows the Act to apply enforcement powers to railway premises, further broadening the scope of border and transit enforcement.
Conclusion
The Registered Designs Act 2000 provides a detailed and comprehensive legal framework to protect registered designs in Singapore. Key provisions criminalize false entries and false representations to safeguard the integrity of the Register and prevent market deception. The Act empowers authorised officers, particularly customs officials, with extensive powers to seize and inspect infringing goods at borders and transit points, supported by clear definitions and cross-references to other legislation. The prescribed penalties for non-compliance and obstruction reinforce the seriousness of these offences and promote adherence to the law. Together, these provisions ensure effective protection and enforcement of registered design rights, fostering innovation and fair competition in Singapore’s marketplace.
Sections Covered in This Analysis
- Section 65 – Offences relating to false entries in the Register
- Section 66 – False representation of registration
- Section 67 – Offences by partnerships or body corporate and liability of officers
- Section 68 – Composition of offences and powers of Registrar
- Sections 68A to 68X – Assistance by Border Authorities
- Section 68H – Offences relating to information provision and disclosure
- Section 68R – Compliance with vehicle inspection directions
- Section 68S – Tampering with secured goods
- Section 68T – Compliance with removal requirements
- Section 68U – Compliance with inspection demands
- Section 68W – Obstruction of authorised officers
Source Documents
For the authoritative text, consult SSO.