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 1/4/2019
CHAPTER 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. Chief Executive, officers and employees, etc. 11. Protection from liability 12. [Repealed]
Informal Consolidation – version in force from 1/4/2019
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. Minister’s approval of estimates 17. Power of investment 18. Grants 19. Power to borrow 19A. Issue of shares, etc. 20. Financial year
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. [Repealed] 29.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First Schedule — Constitution and proceedings of Office Second Schedule — [Repealed]
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Section
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, and includes any individual acting in that capacity;
[Act 5 of 2018 wef 01/04/2018]
“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;
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“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);
[Act 19 of 2014 wef 01/04/2019]
(c) in connection with the registration of a design or any procedure relating to a registered design under the Registered Designs Act (Cap. 266); or
[Act 19 of 2014 wef 01/04/2019]
(d) in connection with the registration of a geographical indication or any procedure relating to a registered geographical indication under the Geographical Indications Act 2014;
[Act 19 of 2014 wef 01/04/2019]
“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
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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
(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.
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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;
(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
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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.
(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, designs and geographical indications;
[Act 19 of 2014 wef 01/04/2019]
(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
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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;
(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;
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(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.
(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 any direction under section 5 of the Public Sector (Governance) Act 2018.
[Act 5 of 2018 wef 01/04/2018]
(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.
[Act 5 of 2018 wef 01/04/2018]
(3) [Deleted by Act 5 of 2018 wef 01/04/2018]
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PART IV
PROVISIONS RELATING TO STAFF
Chief Executive, officers and employees, etc.
10.—(1) There must be a Chief Executive of the Office, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.
(2) The Office may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive —
(a) is absent from duty or Singapore; or
(b) is, for any reason, unable to perform the duties of the office.
(3) The Office may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.
[Act 5 of 2018 wef 01/04/2018]
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.
12. [Repealed by Act 5 of 2018 wef 01/04/2018]
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PART V
FINANCIAL PROVISIONS
Funds and property of Office
13. The funds and property of the Office shall consist of —
(a) grants made under section 18;
(b) all fees, fines and composition fines paid into the funds of the Office under any written law;
(c) all moneys paid to the Office for the purposes of the Office;
(d) all moneys paid to the Office by 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.
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(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.
Minister’s approval of estimates
16.—(1) A copy of all annual estimates of revenue and expenditure and supplementary estimates must, upon their adoption by the Office, be sent without delay to the Minister.
(2) The Minister may approve or disallow any item or portion of any item shown in the annual estimates or supplementary estimates.
(3) The Minister must return the annual estimates or supplementary estimates as amended under subsection (2) to the Office, and the Office is bound by the Minister’s decision.
[Act 5 of 2018 wef 01/04/2018]
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
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(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]
Financial year
20. The financial year of the Office begins on 1 April of each year and ends on 31 March of the succeeding year.
[Act 5 of 2018 wef 01/04/2018]
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.
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(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.
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(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.
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Pending 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.
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PART VII
MISCELLANEOUS
28. [Repealed by Act 5 of 2018 wef 01/04/2018]
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;
(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
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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.
(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).
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(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 himmay, 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 the Office who is authorised in writing in that behalf by the Chief Executive.
[15/2010 wef 02/01/2011]
(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 —
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(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 Geographical Indications referred to in section 17 of the Geographical Indications Act 2014, 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.
[Act 19 of 2014 wef 01/04/2019]
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 where required or allowed by 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.
[Act 5 of 2018 wef 01/04/2018]
(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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Rules
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;
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(b) if he fails to attend 3 consecutive meetings of the Office without sufficient cause (the sufficiency thereof to be decided by the Office);
(c) if he resigns from his office; or
(d) on his death.
Filling of vacancies
10. If a vacancy occurs in the 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.
12. [Deleted by Act 5 of 2018 wef 01/04/2018]
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.
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(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 and the Public Sector (Governance) Act 2018, 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.
[Act 5 of 2018 wef 01/04/2018]
SECOND SCHEDULE
[Deleted by Act 5 of 2018 wef 01/04/2018]
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]
4. Sections 25, 29 and 30 of the Geographical Indications Act 2014. [Act 19 of 2014 wef 01/04/2019]
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LEGISLATIVE HISTORY
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
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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
8. Act 5 of 2018 — Public Sector (Governance) Act 2018
Date of First Reading : 6 November 2017 (Bill No. 45/2017 published on 6 November 2017)
Date of Second and Third Readings : 8 January 2018
Date of commencement : 1 April 2018
9. Act 19 of 2014 — Geographical Indications Act 2014
Date of First Reading : 5 March 2014 (Bill No. 13/2014 published on 5 March 2014)
Date of Second and Third Readings : 14 April 2014
Date of commencement : 1 April 2019
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