SINGAPORE Law and Practice Contributed by: Azmul Haque, Ashley Chew, Hu Yutong and Aaron Leong, Collyer Law LLC
Registrable signs may include words, names, logos, letters, numerals, shapes and colours. Duration A Singapore registration lasts ten years and may be renewed for further ten-year periods. Registration Process Applications are filed with IPOS for specified goods and services under the applicable classification. IPOS examines the application for absolute and relative grounds. If the application is accepted, it is published for opposition. If no opposition is filed, or if oppo - sition is resolved in the applicant’s favour, the mark proceeds to registration. Enforcement A registered proprietor may sue for infringement where an identical or similar sign is used without consent in relation to goods or services in circumstances cov - ered by the Trade Marks Act. Remedies Remedies may include injunctions, damages or an account of profits, and delivery or disposal of infring - ing goods, materials or articles. Certain counterfeiting conduct and the false application of trade marks may also be criminal offences. Unregistered marks may be protected by passing off, but registration usually pro - vides clearer and more efficient enforcement rights. 7.3 Industrial Designs Definition A registered design protects the appearance of a product or non-physical product, not its underlying technical function. Protection may cover features such as shape, configuration, colours, pattern or ornamen - tation, including qualifying graphical user interfaces and other non-physical products. Duration Registration initially lasts five years and may be extended in five-year periods up to a maximum of 15 years. Registration Process Applications are filed with IPOS, and should identify the applicant, the design, the article or non-physical
product to which it is applied, and the required rep - resentations. IPOS conducts formalities checks and may register the design if statutory requirements are met. Enforcement The registered owner may sue for infringement where a person performs acts reserved to the owner without consent, such as making, importing, selling, hiring or exposing for sale or hire an article or non-physical product to which the registered design, or a substan - tially similar design, has been applied. Remedies Remedies include injunctions, damages or an account of profits, and orders relating to infringing articles. 7.4 Copyright Definition Copyright protects qualifying original works and other protected subject matter, including literary, dramatic, musical and artistic works, films, sound recordings, broadcasts and published editions. Computer pro - grams are protected as literary works. Duration For most authorial works, copyright generally lasts for the life of the author plus 70 years, although different terms apply to other subject matter. Registration Process There is no general copyright registration system in Singapore; protection arises automatically when the statutory requirements are met. Businesses should therefore focus on documenting authorship, owner - ship, assignments, licences and creation dates, espe - cially for commissioned works, software, marketing materials and employee-created works. Enforcement Copyright owners may sue for unauthorised acts such as copying, communication to the public, distribution or other restricted acts. Remedies Remedies include injunctions, damages or an account of profits, statutory damages where available, and delivery up or disposal of infringing copies. Certain
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