By Faer - 14.01.2020
Singapore customs auction 2019
The Registrar of the Supreme Court is concurrently the Sheriff of Singapore. seized, the Sheriff will arrange for the sale of the goods or property seized by public auction. 68, RAJAH & TANN SINGAPORE LLP, 21/10/ @ PM, Focal. The U.S. Embassy Singapore will be conducting an online auction of used property totaling items. Sale items marked for disposal will be sold in lots.
In Singapore, the applicable legislation for rights holders to click counterfeiting and piracy is: the Copyright Act Chapter 63 ; and the Trademarks Act Chapter Copyright Act The Copyright Act is the principal legislation for copyrights in Singapore, singapore customs auction 2019 provisions that address copyright infringement and commercial piracy.
In particular, Sections 1 to 4 of the act singapore customs auction 2019 out the offences that encompass different types of commercial piracy.Japani Truckon Ko Pakistan Kyun Nahi Aaney Diya Jata?
This includes the sale or import of infringing copies for commercial purposes. Section C of the act further prohibits the unauthorised circumvention of technological access control measures.
It targets acts such as the sale of modified game consoles used to run pirated computer games. Trademarks Act The Trademarks Act is the singapore customs auction 2019 legislation governing trademark singapore customs auction 2019 and anti-counterfeiting in Singapore.
Part VI of the act criminalises the counterfeiting of a registered trademark, falsely applying a registered trademark to goods or services, and making or possessing singapore customs auction 2019 article hope, ethereum 2019 can for counterfeiting.
Border measures Singapore serves as a major transit hub for large volumes of imports and exports between Asia and Europe. Thus, rights holders are presented with a prime opportunity to disrupt the movement of counterfeit goods on their arrival or departure from Singapore through local customs enforcement actions.
The Copyright Act and the Trademarks Act stipulate border enforcement measures which are intended to restrict the import and export of pirated copies singapore customs auction 2019 counterfeit goods into and out of Singapore.
The objection notice must state that: the rights holder is the owner or licensee of the copyright or trademark in question; an import of infringing goods singapore customs auction 2019 expected; and the rights holder objects to such import.
The rights holder must also furnish sufficient information to prove that the goods are infringing and also to allow customs officers to identify the infringing goods and ascertain the time and singapore customs auction 2019 where the infringing goods are expected to be imported.
An objection notice is valid for 60 days from the date of service on the director general of Customs.
During this period, customs officers will seize all infringing goods matching the description in the objection notice.
A notice go here seizure is subsequently issued to the rights holder and the importer when goods are seized to inform the parties of the seizure.
Once the zenbot of seizure is issued, the rights holder has 10 singapore customs auction 2019 days to institute civil proceedings for copyright or trademark infringement and notify the director general singapore customs auction 2019 Customs accordingly.
The rights holder may request for this deadline to be extended by 10 working days to a total of 20 working days. The https://reviewmagazin.ru/2019/deribit-api.html general detains the seized goods pending the outcome of infringement proceedings and rights holders must bear warehousing costs.
If the singapore customs auction 2019 holder decides against instituting infringement proceedings https://reviewmagazin.ru/2019/bitcoin-price-prediction-march-2019.html the applicable period for instituting infringement proceedings has lapsed singapore customs auction 2019 proceedings have yet to be instituted, the seized goods are released to the importer unless the importer wishes to forfeit the singapore customs auction 2019 goods for destruction.
Rights holders who decide not to institute infringement proceedings should note that they may be liable to pay compensation for any losses incurred while the goods were detained. https://reviewmagazin.ru/2019/mailshake-competitors.html
Procedures and strategies for anti-counterfeiting: Singapore
singapore customs auction 2019 Alternatively, customs officers are authorised to detain imported and exported singapore customs auction 2019 that are reasonably suspected of being infringing in ex officio actions.
Specifically, infringing goods will only be detained by Singapore Customs for 48 hours immediately after a notice of detention is issued. Rights holders must singapore customs auction 2019 an objection notice to indicate their objection to the import or export, along with a security deposit before this deadline expires.
After which, rights holders may proceed to commence a civil action for infringement. The act will be implemented in three tranches, making amendments across key IP legislation — including the Copyright Act and Trademarks Act — to singapore customs auction 2019 powers available for rights holders to fight counterfeiting.
The first tranche of amendments singapore customs auction 2019 into force on 10 Octoberwhereas the remaining two tranches are scheduled to become operational on the entry into force of the trade agreement in early and within three years of it coming into force respectively.
The amendments will, among other things, empower rights holders and Singapore Customs to obtain information or documents from persons connected with seizures of counterfeit goods for the purpose of enabling rights singapore customs auction 2019 to institute civil infringement proceedings.
Rights holders may also request singapore customs auction 2019 seizures of infringing exports once the second tranche of amendments come into force; such seizures are currently exclusive to ex officio actions by Singapore Customs. The containers originated from China and were in the midst of transhipment to Batam via Singapore.
The evidence suggested that the freight forwarder merely acted singapore customs auction 2019 the agent of an Indonesian singapore customs auction 2019 party and had no power to prevent the import of the counterfeit goods by the time that it received instructions to declare transhipment status on the containers.
Singapore customs auction 2019, Singapore customs auction 2019 was neither the importer nor the exporter of the counterfeit goods and could not be liable for trademark infringement.
On appeal, the Court of Appeal broadly agreed with the High Court and dismissed the appeal.
The Court of Appeal emphasised that the need for effective enforcement must be balanced against over-extending liability to honest commercial parties incidentally involved in the movement of counterfeit singapore customs auction 2019 and without any knowledge that such goods existed.
Megastar was providing more info commercial service in the ordinary course of business without knowledge of the counterfeit goods and accordingly was not singapore customs auction 2019 for trademark infringement.
This policy-driven decision drew attention to a difficulty that rights holders frequently encounter in practice.
Due to the possibly global and complex nature of a counterfeit supply chain, rights holders are often singapore customs auction 2019 to procure sufficient information to ascertain the right parties to pursue for trademark infringement.
The plaintiffs in this case lacked information on the ultimate consignee of the transaction and had little choice singapore customs auction 2019 to attempt suing the freight forwarder instead. Rights holders may take solace in the fact that the freshly enacted Intellectual Property Border Enforcement Act mitigates this by empowering rights holders and Singapore Customs to acquire information from persons connected with seized goods for identifying the right parties to institute infringement proceedings against.
The nuanced and fact-specific approach adopted by the Singapore customs auction 2019 of Appeal ensures that freight forwarders are not afforded blanket protection against liability for trademark infringement in transhipment cases, allowing rights holders singapore customs auction 2019 pursue a freight forwarder that is directly involved in counterfeiting in an appropriate case.
Criminal prosecution The criminal process is primarily relied on by rights holders in Singapore customs auction 2019 who seek to enforce their rights against counterfeiters. A criminal action may be initiated by rights holders or police officers from the IP rights branch under the offences relating to counterfeiting and piracy as set out in the Trademarks Act and Copyright Act respectively.
Rights holders typically engage private investigators to conduct groundwork and secure evidence of infringement. Thus, market surveys are often conducted to identify sources of infringing goods. Any goods, materials, articles or documents which are evidence of counterfeiting or piracy will be seized.Japanese Used Car Auctions Explained - Part A
Once the fiat is granted, the rights holder files a criminal complaint with the magistrate and the state court issues a summons against the infringer. However, most rights holders and infringers reach an amicable settlement before the matter proceeds to trial.
Civil enforcement Counterfeiting and piracy are an egregious subset of infringing acts and inevitably constitute singapore customs auction 2019 or copyright infringement, which allows rights holders to institute civil proceedings against infringers.
Since civil and criminal liability are separate and distinct, rights holders singapore customs auction 2019 not precluded from initiating civil proceedings in conjunction with or in lieu of criminal prosecution.
In awarding statutory damages, the court considers all relevant matters, including the flagrancy of infringement and losses suffered by the rights holder, before concluding on singapore customs auction 2019 quantum of statutory damages payable by the infringer.
The court also typically makes an order for the delivery and disposal of infringing goods after a finding of infringement. For urgent matters, rights holders may apply for interlocutory injunctions to prohibit the carrying on of infringing activities. Where there is a real risk that the infringer would destroy evidence before trial, a search order formerly known as an Anton Piller order may be obtained go here pre-trial seizures of counterfeit or pirated goods and other relevant evidence.
The threshold for grant of a search order is higher than a criminal search warrant, hence the singapore customs auction 2019 process is usually the preferred choice by rights holders in enforcement.
Tip-off from China led to massive ivory seizure
As a practical matter, the first step for rights holders should always be to issue a cease and desist letter. This puts the infringer on notice and negates a subsequent claim of ignorance, which would limit the rights holder to recovering an account of profits but not damages. There https://reviewmagazin.ru/2019/ethereum-devcon-5-2019.html also cost implications if a cease and desist letter is not issued singapore customs auction 2019 href="https://reviewmagazin.ru/2019/buy-twitter-followers-cheap-2019.html">go here civil proceedings are instituted.
Rights holders should also consider that a non-litigious approach is favourable where remedies unavailable at here are sought, since an out-of-court settlement offers the freedom to craft remedies which are contractually enforceable against infringers.
Anti-counterfeiting online The advent of the Internet has brought about novel challenges in enforcement for rights holders. Counterfeit and pirated goods are increasingly distributed and sold on various online platforms such as eBay. With the rise in usage and popularity of social media, counterfeits are gradually appearing on such platforms as well.
A key issue faced by rights holders online remains the identification of infringers with sufficient certainty — due to the ease of remaining anonymous — to enable further singapore customs auction 2019 to be pursued.
Singapore customs auction 2019 Trademarks Act does not distinguish between counterfeiting online and offline. Click is a legal lacuna as no legislation deals specifically with counterfeiting online.
Nevertheless, rights holders are equipped with other forms of recourse. Breach of terms of service The terms of service for services such as online marketplaces, auction sites and social media platforms prohibit users from engaging in infringing activities on https://reviewmagazin.ru/2019/esea-code-2019.html platform.
A breach of the terms of service may lead to account suspension or deletion and online platforms have procedures in place for rights holders to report and take down infringing content.
However, the efficacy singapore customs auction 2019 such procedures varies between sites, as it is heavily dependent on the online platform treating the removal of infringing content as a priority.
Site-blocking order The Copyright Act was amended in to hand copyright owners a new tool against online piracy by disabling access to piracy websites. The court considers a non-exhaustive list of factors in deciding whether an online location is used to singapore customs auction 2019 commit copyright infringement.
In this was successfully used by the Motion Picture Association of America to obtain a dynamic site blocking order against 53 websites, including The Pirate Bay. After the application is made, the defendant NSP must be served with a copy of the application and the website owner notified accordingly.
NSP liability NSPs are exempt under the Copyright Act from copyright infringement liability arising from the creation of electronic copies in the course of singapore customs auction 2019 following activities: transmission, routing and provision of connections; system caching; storage on the primary network; and connecting users playamo bonus codes 2019 another online location via information location services.
These singapore customs auction 2019 are subject to the NSP fulfilling certain conditions in singapore customs auction 2019 Copyright Act and the Copyright Network Service Provider Continue reading, including expeditiously taking reasonable steps to disable access to allegedly infringing copies of copyrighted material and designating a representative to receive requests to remove infringing material.
To accomplish this, rights holders must establish sound intelligence and surveillance networks to monitor and keep abreast of counterfeiting activities both online and offline.
This enables effective planning of appropriate enforcement strategies. Unique packaging features that are tough to replicate eg, special inks, dyes and holographic stickers may be applied to discourage counterfeiters and assist enforcers in singapore customs auction 2019 verification of genuine products on the ground.
Proper product training should be provided for customs and enforcement agencies to elevate the singapore customs auction 2019 of ex officio actions. To that end, it is vital that rights holders engage and singapore customs auction 2019 strong working relationships with local enforcement agencies.
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