SINGAPORE Law and Practice Contributed by: Azmul Haque, Ashley Chew, Hu Yutong and Aaron Leong, Collyer Law LLC
7. Intellectual Property 7.1 Patents Definition
within Section 47 where it amounts to an abuse of dominance. Exemptions Unlike the Section 34 prohibition, there is no equiva - lent system of block or individual exemptions for abuse of dominance. However, the Competition Act 2004 provides for statutory exclusions, including where conduct is: • undertaken to comply with a legal requirement; • necessary to avoid conflict with an international obligation of Singapore; and • required for exceptional and compelling reasons of public policy. Territorial Scope The regime adopts an effects-based approach. The Section 47 prohibition applies where conduct has the object or effect of restricting competition in Singapore, regardless of where it occurs. Accordingly, conduct outside Singapore may still fall within the Act if it pro - duces appreciable effects in Singapore markets. Infringement Consequences CCCS may impose directions to remedy, mitigate or eliminate the effects of the infringement, and to pre - vent recurrence. Where an infringement of the Section 47 prohibi - tion is committed intentionally or negligently, CCCS may impose a financial penalty of up to 10% of the undertaking’s turnover in Singapore for each year of infringement, subject to a maximum of three years. A party that has suffered loss or damage directly as a result of an infringement may bring a civil claim for damages against the relevant undertaking. However, such private actions may only be commenced after CCCS has made a final infringement decision and any appeal process has been exhausted.
A patent protects an invention that is new, involves an inventive step and is capable of industrial application. Duration A Singapore patent generally lasts 20 years from the filing date, subject to renewal fees. Limited extensions may be available, including in relation to pharmaceuti - cal products where statutory conditions are met. Registration Process Applications are filed with the Intellectual Property Office of Singapore (IPOS) and must include the pre - scribed request, description, claim or claims, drawings where required, and an abstract. Applicants should confirm inventorship, ownership, priority claims and whether parallel overseas or Patent Cooperation Treaty filings are required. IPOS conducts formali - ties checks, and the applicant must proceed through the relevant search and examination route before the patent is granted. Singapore operates a positive grant system, under which IPOS will not grant a pat - ent where the examination report contains outstand - ing objections, which supports the robustness of the A patent proprietor may bring infringement proceed - ings against unauthorised acts within the statutory scope, including making, disposing of, offering to dispose of, using, importing or keeping a patented product. Remedies Remedies may include an injunction, damages or an account of profits, delivery up or destruction/dis - posal of infringing articles, and declarations of validity and infringement. Defendants commonly raise non- infringement and invalidity arguments. 7.2 Trade Marks Definition A trade mark is a sign capable of distinguishing one undertaking’s goods or services from those of another. granted right. Enforcement
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