News

For our clients and friends who wish to keep in touch with the latest on the legal scene in Singapore and the rest of Asia, find the latest changes in legislation and decisions on the various aspects of Intellectual Property here. With so many jurisdictions under our wings, it is no wonder that we are constantly in a flurry of activity.

If you would like to receive our email legal updates or newsletter, please register with us.

Newsletters and Announcements

3 GLC Legal Updates
 

31 July 2017
The Tripartite Standards on the Employment of Term Contract Employees
On 31 July 2017, the Tripartite Alliance1 finally launched the first of a series of Tripartite Standards: The Tripartite Standards on the Employment of Term Contract Employees (the “Standards”). It specifies 3 employment practices concerning fixed term employees for organisations to adopt.

Read More

3 July 2017
Employment Update
During the Committee of Supply debate on 6 March 2017, the Minister of Manpower announced that the Tripartite Alliance will be launching new “Tripartite Standards” on employment protection and progressive practices by the end of 2017. Given that Singapore already has legislations, the Tripartite Guidelines and the Tripartite Advisories to protect and enhance workers’ rights, what, why and how would this “Tripartite Standards” fit into the present regulatory ecosystem?

Read More

9 June 2017
Employment Update
In Singapore, an employee can claim for work injury compensation against his employer either through the civil courts or the statutory work injury compensation scheme pursuant to the Work Injury Compensation Act (“WICA”). As the scheme (“WICA Scheme”) provides a relatively quicker and cheaper means to have a claim decided, this is preferred, especially if higher litigation costs can be avoided. WICA sets out a clear process for how the scheme operates and it is administered by the Commissioner for Labour (“Commissioner”).

Read More

22 May 2017
Employment Update
Pursuant to Section 53(1) of the Personal Data Protection Act 2012 (“PDPA”), an employer is deemed to have committed the act, which in fact was committed by a person if that person does so in the course of his employment. This is even though that act was committed without the employer’s knowledge or approval. Therefore, an employer can be found liable for an offence under the PDPA for the actions of another person. What amounts to “in the course of employment” has previously not been elaborated upon.

Read More

4 May 2017
Employment Update
The Employment Claims Act 2016 (No. 21 of 2016) (the “Act”) has now come into effect on 1 April 2017. The Act establishes Singapore’s first Employment Claims Tribunal (the “Tribunal”) under the jurisdiction of the State Courts of Singapore. Prior to this and aside from our civil courts, an employee has recourse only to the labour court set up by the Ministry of Manpower. Even so, such employee must first be covered by the Singapore Employment Act (CAP 91, 2009 Rev Ed). Other than replacing the labour court, the Tribunal also expands an employee’s access to low cost employment dispute resolution scheme.

Read More

28 April 2017
Telecommunications, Media & Technology Update
In order to accommodate and keep up with the development of new technology such as automated vehicle technology, the Road Traffic (Amendment) Act 2017 has been passed by the Singapore Government on 7 February 2017 and assented to by the President on 13 March 2017. Indeed, the modifications to the law are to ensure that there are regulations in place to deal with the growing field of “automated vehicle technology”, which is defined as any particular technology which “relates to the design, construction or use of autonomous motor vehicles or otherwise relates to advances in the design or construction of autonomous motor vehicles”.

Read More

20 April 2017
Intellectual Property Practice Update
Under the Singapore Trade Marks Act (Cap 332), a registered trade mark may be revoked under various grounds, and one of which is because of “non-use” by the registered proprietor. In Singapore, the requisite period of “non-use” which would allow a third party to file for non-use revocation proceedings, would be 5 years from the date of completion of the registration procedure, or an uninterrupted period of 5 years.

Read More

17 April 2017
Company Law Update
The Companies (Amendment) Act 2017, through Part XA on “Transfer of Registration”, has introduced an inward re-domiciliation regime in Singapore, to allow foreign corporate entities to transfer their registration to Singapore instead of setting up subsidiaries (e.g. foreign corporate entities that may want to relocate their regional and worldwide headquarters to Singapore and still retain their corporate history and branding). The regime is expected to be implemented within the first half of 2017.

Read More

13 April 2017
Clarification Regarding The Examination Process Of Collective Marks By The Intellectual Property Office Of Singapore
The Intellectual Property Office of Singapore (“IPOS”) had on 13 April 2017 published Trade Mark Circular No. 5/2017, and announced that it has since revised and added new chapters to its Trade Marks Work Manual.

Read More

13 April 2017
Company Law Update
This is the first part of a series of updates on the amendments to the Singapore Companies Act. Where the amendments are similarly recorded in the Limited Liability Partnership Act, this update will also make the relevant reference to the same accordingly.

Read More

7 April 2017
New Regulations on the Use of Personal Mobility Devices in Singapore
As you walk on public paths, you have probably encountered someone zipping past you on power-assisted bicycles (“PABs”), or personal mobility devices (“PMDs”) such as e-scooters and hoverboards. With their speed and convenience, such modes of transport have become an increasingly common sight in Singapore. Given the rise in accidents involving PMDs however, the Singapore Government has seen fit to pass legislation to regulate the use of PMDs in Singapore. Such efforts have thus culminated in the Active Mobility Bill (Bill No. 40/2016) (the “AMB”), which was recently debated and passed in Parliament on 10 January 2017.

Read More

4 April 2017
Implementation of GST by the Intellectual Property Office of Singapore
The Intellectual Property Office of Singapore (the “IPOS”) has recently announced that it will be introducing fee revisions, amongst other matters.

In the same Circular (i.e. Circular No. 1/2017, of 3 February 2017), the IPOS also announced that with effect from 1 April 2017 it will be GST-registered, in accordance with Singapore’s Goods & Services Tax Act (Cap. 117A).


Read More

9 March 2017
IE Singapore’s Market Readiness Assistance Grant
The Market Readiness Assistance (“MRA”) Programme was first introduced by International Enterprise (“IE”) Singapore in 2013 to help local firms establish an international presence and seek business partners overseas. The MRA Programme offers assistance to Singapore-based businesses looking to venture overseas for business expansion or to export to a new market abroad, by providing “Knowledge Resources”, “Learning and Networking” opportunities, and “Financial Assistance”. In particular, it is aimed at encouraging Small and Medium-sized Enterprises (“SMEs”) to prepare for the future and to support them in bringing their businesses overseas for the first time.

Read More

21 February 2017
Singapore adjusts its Patents and Trade Mark fees
The Intellectual Property Office of Singapore (IPOS) has recently announced that it will lower its fees for trade mark applications and patent search and examination application with effect from 1 April 2017.

However and although there will be a decrease in the application fees, there will be an increase in the official fees in respect of the renewal and maintenance of granted patents and registered trade marks. This will also take effect from 1 April 2017. The reason provided for this increase, is that it will serve as a means of discouraging the “hoarding” of registered IP rights.


Read More

30 November 2016
Mandatory Retrenchment Notification
The Ministry of Manpower (the “MOM”) has recently announced that it is making it mandatory for employers who retrenched employees to notify the Ministry. Previously, it was merely highly encouraged that employers sought to notify MOM, and there were no corresponding sanctions imposed for non-compliance.

Read More

23 November 2016
Latest Amendments to Parental Leave Entitlements for Employees
After much talk in the street of dangling more carrots to encourage Singaporeans to have children, the Singapore Parliament has finally passed the Child Development Co-Savings (Amendment No 2) Bill on 10 November 2016. This amendment bill increases certain type of parental leave benefits, which we set out below in this Update. There is at present no definitive date(s) on which the changes take effect as the commencement date(s) has not been gazetted into law. Nevertheless, the Ministry of Manpower has provided some indications of the estimated commencement dates of the various provisions as follows.

Read More

10 October 2016
Recent updates on Singapore’s Productivity and Innovation Credit(“PIC”)
The Productivity and Innovation Credit (“PIC”) scheme was introduced in the Singapore Budget 2010, and subsequently enhanced in the Singapore Budget 2011, 2012, 2013 and recently in 2014. The above was introduced to provide enhanced tax deductions for investments in innovation and productivity. The scheme, which is due to expire this year, will be extended for a further three years until 2018.

Read More

5 October 2016
Upcoming Reform: Registered Designs Regime in Singapore
In light of the recent technological advances and evolving business practices in the designs industry, the Ministry of Law (the “MinLaw”) and the Intellectual Property Office of Singapore (the “IPOS”) commenced their review of the registered designs regime in Singapore in 2014, conducting 2 rounds of public consultations, and numerous focus group talks and one-to-one consultations with design associations, business, IP practitioners and academics. They have completed their joint review and released a “Final Report on the Review of Singapore’s Registered Designs Regime”, which sets out their recommendations to amend the Registered Designs Act (the “RDA”) to keep abreast of the changes in the industry.

Read More

20 June 2016
Tripartite Advisory For Term Contract Employees- Leave Benefits And Non-Renewal Notice
On 20 June 2016, the Tripartite Advisory on the Employment of Term Contract Employees (“Advisory”) was jointly released by the tripartite alliance of the Ministry of Manpower, National Trades Union Congress and the Singapore National Employers Federation (“Tripartite Alliance”).
According to the Ministry of Manpower, these advisories were jointly developed to give greater clarity on paid leave benefits and notice period for Term Contract Employees who have a long-term working relationship with a particular employer.


Read More

9 October 2015
New Developments to Singapore’s Patents Regime
New developments are underway in Singapore’s patents regime. This article will discuss these developments and how they are anticipated to improve the existing patents regime.

Read More

29 September 2015
Amendments to the Singapore Companies Act: Companies Act (Amendment) Bill 2014
Much has been said about the need for better corporate regulation and improved liberalisation of the commercial sector in Singapore. This eventually culminated in an extensive review of the Companies Act (Cap 50, 2006 Rev Ed) (“CA”). The product, i.e. the Companies (Amendment) Bill 2014 (“Amendment Bill”), was passed on 8 October 2014 by the Singapore Parliament.

Read More

8 July 2015
(A) Introduction to “Offer to Settle”
An offer to settle (OTS), as the name implies, is an offer by one party to settle any ongoing lawsuit it may have with another party. When accepted by the other party, the ongoing suit is to be discontinued, and parties need not incur further legal costs. Parties can thus save on potentially substantial litigation costs.

Read More

29 May 2015
Personal Data Protection Act 2012 (PDPA) – Advisory Guidelines on requiring consent for marketing purposes (8 May 2015)
Coming into force on 2 January 2013, Personal Data Protection Act 2012 (“PDPA”) has established a data protection law that comprises various rules governing the collection, disclosure and care of personal data. It recognises both the rights of individuals to protect their personal data, including rights of access and correction, and the needs of organisations to collect, use or disclose personal data for legitimate and reasonable purposes.

Read More

28 January 2015
Intel Corporation v Intelsteer Pte Ltd [2015] SGIPOS 2 – A Case Note)
A recent case decided by the Registrar of Trade Marks in Singapore concerns an invalidation action under Sections 8 and 23 of the Trade Marks Act (Cap 332, Rev Ed 2005) (“the Act”).

Read More

28 January 2015
Introduction of the new Singapore International Commercial Court (SICC)
At the opening of Legal Year 2013, Chief Justice Sundaresh Menon (“Menon CJ”) broached the idea for the creation of the Singapore International Commercial Court (“SICC”). Almost 2 years later, at the commencement of Legal Year 2015, Menon CJ officially inaugurated the launch of the SICC.

Read More


28 January 2015
Brief Updates in the Singapore Intellectual Property Landscape
Commencing from 1 November 2014, IPOS joins the GPPH network and is a participating office of the GPPH pilot programme. Under the GPPH pilot, a request for accelerated examination of a patent application in Singapore can be made by relying on the national search and examination results of another GPPH participating office or international search and/or examination results under the Patent Cooperation Treaty (PCT) established by any of the other GPPH participating offices.

Read More


28 January 2015
Amendments to Singapore’s Employment Act- A Key Summary
Introduction Singapore’s main source of labour law, the Employment Act (CAP 91) (“EA”), was recently amended with a view to extend protection to a larger pool of employees. Naturally, employers are concerned if these amendments will result in, either greater cost to their businesses, or inflexibility in managing employment relationships, or worse, both. At first blush, that may be so. However as typical of the even-handedness nature of the Singapore Government, these revisions are accompanied by flexibility boosting and cost capping measures which benefit employers likewise. Most of the revisions have taken effect since 1 April 2014, unless otherwise stated.

Read More

14 February 2014
•Patents Amendment Act 2012
The Patents (Amendment) Act 2012 was passed by the legislature on 10 July 2012 and is expected to be in force from 14 February 2014 onwards. The amendment to the Act is effected to place Singapore as an Asian Intellectual Property hub to service the growth in the demand for IP services.

Read More

2 January 2013
•Personal Data Protection Act (2012)
The PDPA is a general data protection law governing the collection, use and disclosure of individual’s personal data by organis ations. Under PDPA , the Personal Data Protection Commission (the “ PDPC ”) was set up to administer and enforce the Act. Essentially, the Act aims to safeguard individuals’ personal data against misuse, by regulating the proper management of personal data.

Read More

27 May 2011

•Shadrake Alan v Attorney-General [2011] SGCA 26 - Restating the Test for Contempt of Court
On 27 May 2011, the Court of Appeal rejected the ap peal by British writer, Alan Shadrake, against his conviction and sentence for contempt of court. This brought to an end a trial that had generated a fair amount of media interest, at home and abroad, due to its facts. The case of Shadrake Alan v Attorney-General [2011] SGCA 26(“ Alan Shadrake ”) concerned statements in the book Once A Jolly Hangman: Singapore Justice in the Dock , written by Shadrake, which claims to expose secre ts of how the death penalty is administered by the Singapore legal system.

Read More

1 December 2010
•RecordTV Pte Ltd v MediaCorp TV Singapore Pte Ltd[2010] SGCA 43
In the recent Court of Appeal decision in RecordTV Pte Ltd v MediaCorp TV Singapore Pte Ltd [2010] SGCA 43, the Court held that unless the statutory words of the Copyright Act clearly reflect the legislative policy on the extent of the rights to be conferred on the copyright owner, such statutory words should not be interpreted expansively if doing so may stifle technological advances which are in the public’s interest.

Read More

4 December 2006

•Performance share plans
During the budget speech on 17 February 2006, Prime Minister and Finance Minister Lee Hsien Loong announced that since share-based compensation schemes form a part of staff costs, a tax deduction will be granted to companies that have incurred actual outlay for the employee stock options and other share-based compensations.

Read More

 
19 March 2010
•The Copyright Tribunal in Singapore: A New Lease of Life?
Despite turning 23 in 2010, the Copyright Tribunal has heard only three cases since its inception. The dismal average of processing about one case every seven years is certainly far from the goals its creators had originally intended it to accomplish, and has lead to accusations of it being a lame duck.

Read More
   
2

News Updates

 
6 February 2010
•Asian Pioneer in Intellectual Property Makes $1m Donation
She hails from Hong Kong and is a pioneer in intellectual property in Asia, but on Friday, Ms Ella Cheong chose to donate $1 million to the National University of Singapore (NUS)'s Law Faculty.

Read More

   
1 Articles
 

12 Apil 2016
Indonesia IP Regime Update: Recordal Of IP License Agreement
Under the prevailing intellectual property (“IP”) laws in Indonesia, it is mandatory to record an IP licence agreement with the Directorate General of IP (“DGIP”). In the absence of recordal, such licence shall not have any legal consequences on any third parties. For the last 20 years, however, there was no implementing regulation for the above-mentioned requirement. Therefore, most licences could not be filed.

Read More

18 June 2014
Doing Business in Singapore
Entrepreneurs intending to do business in Singapore would have to set up business entities, registered inter alia with the Accounting and Corporate Regulatory Authority (“ACRA”), for that purpose. There are several business vehicles available in Singapore, the more popular forms being sole proprietorships, partnerships, companies, and more recently – the limited liability partnerships and limited partnerships.

Read More


27 March 2014

•Innovation Capability Voucher Scheme
The Singapore Government undertakes various initiatives to support small and medium enterprises (“ SMEs ”) in Singapore. In recent times, these have focused on raising the productivity and capability of SMEs. One of the current initiatives comes in the form of the Innovation Capability Voucher (“ ICV ”) , administered by SPRING Singapore.

Read More

21 January 2011
•Info-Telecommunications Watch: The revised Telecom Competition Code
The Infocomm Development Authority (IDA) of Singapo re has amended the Telecom Competition Code after taking into account market developments as we ll as feedback from consumers and the industry. The amendments aim to increase consumer protection and promote competition in telecom markets in Singapore.

Read More

2009
• Getting the Deal Through - Franchise 2009 - Singapore
The typical franchisor may choose to operate its business as a sole proprietorship,partnership, limited liability partnership or a company.

Read More

27 September 2007
•To reveal or not to reveal: that is the Odex question
Judge Ernest Lau has thrown out a request by Odex Pte Ltd, a local anime distributor, to order internet service provider (ISP) Pacific Internet to identify some allegedly infringing subscribers. The ruling comes as a surprise as Odex has already succeeded in obtaining court orders to have two other ISPs – SingNet and Starhub – disclose the identities of more than 1,000 subscribers who allegedly downloaded illegal content.

Read More

1 June 2006
•Plagiarism: Beware of copyrights before you become a copycat
Copyright, like patents and trade marks. is a form of intellectual property. In most cases, it belongs to the creator of an original work. These include literary works (books, novels, plays, poems, articles), musical and video works, artistic works (paintings, designs, sculpture, photographs), computer programs, and other tangible expressions of original creativity.

Read More

   
Copyright ©2008 - 2016 Gateway Law Corporation, All Rights Reserved