COUNTRY : REPUBLIC OF SINGAPORE
CAPITAL : SINGAPORE
LANGUAGES : ENGLISH, MALYA AND CHINESE
MEMBER : PARIS CONVENTION, WTO-TRIPS, BERNE CONVENTION, MADRID PROTOCOL, WIPO.
The IP affairs in Singapore are looked after by IPOS.
The Geographical Indications Act determines GIs in Singapore.
Laws protecting GIs:
i) The Trade Marks Act 1995 which allows for the registration of a GI term, provided that certain criteria are met, and
ii) The Geographical Indications Act provides specific protection.
· Geographical Indication is a source indicator informing consumers about a product’s origin from a certain place.
· Geographical Indication confirms certain special characteristics inherent to the product.
Protection to Geographical Indications are automatically accorded in Singapore, hence there is no need to file specific applications for protection.
However, protection is accorded to the following categories:
· Geographical Indications of countries which are members of the World Trade Organisation.
· Geographical Indications of such countries as designated by the Singaporean Government as a qualifying country.
· Producers and Traders, associations of such Producers and Traders of such Geographical Indications.
Geographical Indications are not protectable if:
· they are immoral or against public order;
· they are no longer in use, or no longer protected, in its country of origin;
· they have become the common name in Singapore for the goods or services which it identifies;
· [for wines and spirits] if they have been used continuously for at least 10 years preceding 15 April 1994 or in good faith preceding that date;
· They are confusingly similar to a trade mark for which rights had been acquired before the Geographical Indication is protected in its country of origin; or
· They are names of persons or their predecessor in business.
Applications for registration are to be filed with IPOS
Applications for registration of Geographical Indications can be filed by:
(iii). Association of such producers and traders
If there is no opposition to the application, or the opposition is unsuccessful, the applicant’s
Geographical Indication is registered.
Geographical Indication is open to usage by all producers or traders whose products:
· Originate from that place
· Share typical characteristics