SINGAPORE

• LAW PROTECTION GEOGRAPHICAL INDICATION SINGAPORE
  • • the Trade Marks Act 1995 which allows for the registration of a GI term, provided that certain criteria are met, and
    • the Geographical Indications Act provides specific protection.
• ROLE PLAYED BY GEOGRAPHICAL INDICATION SINGAPORE:
  • • GI is a source indicator informing consumers about a product’s origin from a certain place.
    • GI confirms certain special characteristics  inherent to the product.
• PROTECTION ACCORDED TO GEOGRAPHICAL INDICATION IN SINGAPORE

  • Protection to GIs are automatically accorded in Singapore, hence there is no need to file specific applications for protection.

    However, protection is accorded to the following categories:

    • GIs of countries which are members of the World Trade Organisation.
    • GIs of such countries as designated by the Singaporean Government as a qualifying country.
    • Producers and Traders, associations of such Producers and Traders of such GIs.
• KIND OF GEOGRAPHICAL INDICATION NOT PROTECTABLE SINGAPORE

  • 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 GI is protected in its country of origin; or
    • They are names of  persons or their predecessor in business.
• REQUISITES TO BE GEOGRAPHICAL INDICATION SINGAPORE
• WHO CAN FILE GEOGRAPHICAL INDICATION SINGAPORE

  • Applications for registration are to be filed with IPOS Applications for registration of GIs can be filed by:

    1. Producers
    2. Traders
    3. Association of such producers and traders
• EXAMINATION OF GEOGRAPHICAL INDICATION SINGAPORE

  • Objections to applications may be filed by trademark owners or by applicants whose trademark applications are pending registration.

• PUBLICATION & REGISTRATION OF GEOGRAPHICAL INDICATION SINGAPORE

  • If there is no opposition to the application, or the opposition is unsuccessful, the applicant’s GI is registered.

• USAGE OF GEOGRAPHICAL INDICATION SINGAPORE

  • GI is open to usage by all producers or traders whose products:

    • Originate from that place
    • Share typical characteristics
• Cost of Registration of Trademarks