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1. International Intellectual Property
Protection and Commercialization
International IP Rights Enforcement –
The Case of Singapore

4. International Intellectual Property
Protection and Commercialization
International IP Rights Enforcement –
The Case of Singapore

5. Introduction
 Criminal enforcement of IPRs available only
under the copyright and trade mark legislation
 Patent infringement does not attract any
criminal liability

6. Penalties
 Trade Marks Act : Max. fine - $100,000 per
charge or 5 years imprisonment or both
 Copyright Act:
 $10,000 for each article or
 $100,000, whichever is the lower, or
 imprisonment for max. of 5 years or both

7. Basic Premise
 IPR enforcement is both a private issue as well as
being one of general public concern.
 Legislative structure addresses both aspects :
 allows the task of enforcement to be handled by
both private sector and state
 Sharing of cost and burden

8. State / Police Action
 Dedicated unit set up in Police Department -
Intellectual Property Rights Branch (IPRB)
 Independent enforcement actions taken by IPRB:
 Crippling of Piracy Syndicates
 “Piracy Icons”

9. IP Rights Owners Role
 Confirm the existence of infringement
 Needed for the police in order for them to apply for
and obtain a search warrant in order to raid the
identified premises
 Identify the infringing articles
 Articles would be seized by the Police and arrests
made of the offenders
 Conduct examination of the seized products and
provide a technical report to the Police which would
then be used when the Offenders are prosecuted in
court
 Prosecution would be undertaken by the state

10. Private Action
 Taken by the IP rights owners: attacking piracy
at the retail level, i.e. the retail shops selling
pirated products

11. Criminal Procedure Code
Section 342 (CPC)
 Whenever the Public Prosecutor is of opinion that a
criminal offence is disclosed by the record and that further
proceedings should be taken against the accused person
and that the evidence taken is sufficient to afford a
foundation for a full and proper trial, he shall, by his fiat in
writing signed by himself, designate the court, whether
High Court, District Court or Magistrate’s Court, before
which the case shall be placed for trial and shall order the
record of the case to be transmitted to the court so
designated.

12. S 336(4) Of The CPC
 The Public Prosecutor or the Solicitor-General … may
authorize any advocate to act for him as Public Prosecutor in
the conduct of any case or prosecution in court or in any part of
such conduct.
 Effect: Criminal enforcement of IP Rights offences, if initiated
by the IP rights owner will be prosecuted by way of private
prosecution and handled by attorneys acting for an behalf of IP
Rights holders themselves.
 Costs incurred will be borne by the IP rights holder.

13. Typical Procedure
 IP rights owners would engage private investigators
 Once infringing activity detected, the IP rights owner’s
solicitor would apply for a search warrant
 Contact IPRB
 Search warrant executed by police and IP rights holders

14. Typical Procedure
 IP rights owners – examine articles found to ensure they
are infringing articles; the police officers seize articles
 Prosecution of the offender thereafter is carried out by the
IP rights owner’s solicitor upon authority of a fiat issued
by the Attorney General’s Chambers.

15. Flow Chart Of Private Action

16. Factors Affecting Sentencing
 Scale (quantity of infringing items)
 Value of items
 Sophistication of operation
 Involvement of syndicate
 Major role (e.g. sole managing director/partner or main
person involved)
 Duration of operation

17. International Intellectual Property
Protection and Commercialization
International IP Rights Enforcement –
The Case of Singapore

18. www.HULSEYIPLaw.com