Intellectual Property Office of Singapore Act

• Jurisdiction: Singapore
• Coming into Force: 31 July 2002
• copyrightNote: © Singapore legislation sourced from Singapore Statutes Online. It is subject to copyright of the Singapore Government and is reproduced with the permission of the Attorney-General’s Chambers of Singapore.
• Enactment Date: 01 April 2001
• Published date: 31 July 2002
• Record Number: Cap. 140
• Act Number: (Original Enactment: Act 3 of 2001)

Intellectual Property Office of Singapore Act

(CHAPTER 140)

(Original Enactment: Act 3 of 2001)

REVISED EDITION 2002

(31st July 2002)

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; “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 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.

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 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 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; (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 ...