SINGAPORE Law and Practice Contributed by: Yvonne Tang, Lim Siau Wen and Ruby Tham, Drew & Napier LLC
• their name or the name of their place of busi - ness (ie, the “own name” defence); • a sign to indicate the characteristics of goods/services (ie, the “descriptive use” defence); or • a mark to indicate the intended purpose of goods/services (in particular as accessories or spare parts). There is also no infringement where a person uses: • an unregistered mark from a time before the registered proprietor’s first use or registration of the registered mark, whichever is earlier (ie, the “prior user” defence); • another registered mark in relation to the goods/services thereunder; • the registered mark and such use is fair use in comparative commercial advertising or promotion; or • the registered mark for a non-commercial purpose, or for the purpose of news reporting or news commentary. See also 9.3 Exhaustion on exhaustion of rights. 9.2 Defences to Copyright Infringement (Fair Use/Fair Dealing) Fair Use Defence in Copyright Law It is a permitted use of a work to make fair use of that work. This inquiry into fairness is based on the following non-exhaustive factors: • the purpose and character of the use, includ - ing whether the use is of a commercial nature or is for non‑profit educational purposes; • the nature of the work or performance; • the amount and substantiality of the portion used in relation to the whole work or perfor - mance; and
• the effect of the use on the potential market for, or value of, the work or performance. The fair use defence is an open-ended one. The Copyright Act additionally identifies three spe - cific categories of permitted use: fair use for the purposes of reporting news, criticism or review, and research or study. Fair Use Defence in Trade Mark Law A person who uses a registered trade mark does not infringe it if that use: • constitutes fair use in comparative commer - cial advertising or promotion; • is for a non-commercial purpose; or • is for the purpose of news reporting or news commentary. 9.3 Exhaustion Singapore adopts a principle of international exhaustion of rights. Once a proprietor’s goods bearing their regis - tered trade mark are put on the market anywhere in the world by them or with their consent, their rights in those goods are exhausted. There is no infringement where third parties trade in those goods. An exception applies where the condition of those goods has been changed or impaired and the offending use of the mark has caused dilution in an unfair manner of its distinctive character. As regards copyright law, the copyright owner’s rights in relation to importing and dealing com - mercially in a genuine article are exhausted once that article has been put on the market by them or with their consent.
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