Singapore border enforcement legislation bares teeth

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The Intellectual Property (Border Enforcement) Act 2018 (IPBE Act) was passed by Singapore’s parliament on 9 July 2018, and was assented to by the president on 2 August 2018. The IPBE Act implements a phased approach to fulfilling Singapore’s obligations under the EU-Singapore Free Trade Agreement (EUSFTA) and Singapore’s commitment to enhancing its border enforcement measures. It will also provide Singapore customs and intellectual property rights (IPR) holders with new and enhanced anti-counterfeiting powers.

The IPBE Act will include amendments to the Copyright Act (CA), Trade Marks Act (TMA), Registered Designs Act (RDA) and Geographical Indications Act (GIA).

The IPBE Act is being implemented in three phases. The first phase came into force on 10 October 2018, and made amendments to the powers under the CA and TMA. The second phase, which focuses on enhancing and standardizing the provisions in the CA and TMA, is scheduled to be implemented by 2019, when the EUSFTA is expected to come into force. The third phase, which focuses on changes to the RDA and GIA, is anticipated to come into effect within three years of the EUSFTA coming into force.

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