Singapore: Phase 3 of EUSFTA - IP changes expected in 2022

In brief

Amendments to Singapore's Registered Designs Act and Geographical Indications Act are anticipated to be implemented this year, following from the European Union - Singapore Free Trade Agreement (EUSFTA) that came into force on 21 November 2019.

Under the EUSFTA, Phase 3 of Singapore's obligations to enhance border enforcement measures for intellectual property rights in relation to the Registered Designs Act and Geographical Indications Act are to be implemented within three years of the entry into force of EUSFTA, or by 21 November 2022.


Contents

Key takeaways

The Intellectual Property (Border Enforcement) Act 2018 was enacted to amend the Copyright Act (CA), Trade Marks Act (TMA), Registered Designs Act (RDA), and the Geographical Indications Act (GIA) to enhance border enforcement measures for intellectual property rights, as well as to implement Singapore's obligations under the EUSFTA concerning those measures. The provisions were slated to come into force in three phases, with Phase 3 to be implemented within three years of the EUSFTA coming into force.

Under Phase 3, the provisions that are anticipated to be implemented by 21 November 2022 are as follows:

  • Enhanced border enforcement measures in the RDA
  • Implementation of new powers in the GIA and the RDA for Singapore Customs to obtain and provide information relating to the seized goods 
  • Standardised terms and provisions relating to border enforcement in the RDA and the GIA

Phase 1 came into effect on 10 Oct 2018, upon passing of the Intellectual Property (Border Enforcement) Act. Phase 2 commenced upon entry into force of EUSFTA on 21 November 2019, in which enhanced border enforcement measures and the standardised terms and provisions relating to border enforcement in the CA and the TMA were implemented.

 

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