SINGAPORE Law and Practice Contributed by: Yvonne Tang, Lim Siau Wen and Ruby Tham, Drew & Napier LLC
Drew & Napier LLC 10 Collyer Quay #10-01 Ocean Financial Centre
Singapore 049315 Tel: +65 6535 0733 Fax: +65 6535 4906
Email: mail@drewnapier.com Web: www.drewnapier.com
• the Paris Convention for the Protection of Industrial Property; • the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks; • the WIPO Copyright Treaty; and • the WIPO Performances and Phonograms Treaty. Trade Marks The Trade Marks Act and its subsidiary legislation, particularly the Trade Marks (International Registra - tion) Rules, govern the rights of foreign trade mark holders in Singapore. Copyright The Copyright Act and its subsidiary legislation, par - ticularly the Copyright Regulations 2021, govern the rights of foreign copyright holders in Singapore. 2. Trade Mark Ownership, Protection and Rights 2.1 Types of Trade Marks Types of Trade Marks/Source Identifiers The potential types of trade marks include trade marks, service marks, collective marks, certification marks, geographical indications, signs (including a let - ter, word, foreign word, name, surname, slogan, sig - nature, numeral, device, brand, heading, label, ticket, shape, colour, aspect of packaging or any combina - tion thereof), images, shapes, get-ups (akin to trade dress), moving signs, smells, sounds, gestures, holo - grams, buildings and grilles. As with the potential types of trade marks listed above, an industrial design is entitled to trade mark
1. Trade Mark and Copyright Law 1.1 Governing Law Governing Laws Statutes and the common law govern trade marks and copyright in Singapore. The respective primary legislation is the Trade Marks Act 1998 (the “Trade Marks Act”) and the Copyright Act 2021 (the “Copy - right Act”). Common Law Trade Marks/Copyright Common law trade marks are recognised. Common law copyright is generally not recognised. 1.2 Conventions and Treaties/Rights of Foreign IP Holders Singapore is a member of the following main treaties/ conventions relating to trade mark/copyright. They are not self-executing: • the Agreement on Trade-Related Aspects of Intel - lectual Property Rights; • the Berne Convention for the Protection of Literary and Artistic Works; • the Brussels Convention Relating to the Distribu - tion of Programme-Carrying Signals Transmitted by Satellite; • the Nice Agreement Concerning the International Classification of Goods and Services for the Pur - poses of the Registration of Marks; • the Singapore Treaty on the Law of Trademarks; • the Trans-Pacific Strategic Economic Partnership Agreement;
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