A Quick Guide to Intellectual Property Protection Singapore
Singapore has been positioning itself as an global intellectual property (IP) hub that serves the fast-growing markets of Southeast Asia. This has been bolstered by Singapore's legal system, who has a reputation for neutrality, efficiency, and transparency when it comes to IP. The United States Chamber of Commerce's International IP Index even has ranked Singapore 11th out of 55 in 2023.
IP has become a critical resource for many businesses, investors, and artists. Protecting your IP has never been more important than ever in today’s globalized and online economy. Doing so ensures that you will be able to maintain the exclusivity of their brands and products, thereby safeguarding their market share, fostering innovation, and continuing their work uninterrupted.
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Here’s what you need to know about intellectual property and how Singapore helps protect that.
What is Intellectual Property?
Intellectual property (IP) is defined as any man-made creation for which the government recognizes exclusive rights. This can range from an inventive process or design to artistic works or trade secrets.
Businesses need to secure their IP as it sets them apart from their competitors, building trust and consumer loyalty. It also protects the business from theft, brand dilution, and misrepresentation.
The most important part of this is that intellectual property must be registered with a country's governing body.
The Intellectual Property Office of Singapore (IPOS)
In Singapore, the Intellectual Property Office of Singapore (IPOS), a statutory board under Singapore’s Ministry of Law, implements, regulates, and shapes the country’s IP policy. IP rights are territorial, which means that if IP is registered in Singapore, those rights will generally be defended there.
When filing for IP protection in Singapore, the IPOS provides an integrated e-services portal, the IPOS Digital Hub. Managing your patents and trademarks can be done through the website.
IPOS provides hearing and mediation services for disputes related to intellectual property registration. Singapore also works closely with the World Intellectual Property Organization (WIPO) to ensure swift and effective dispute-resolution mechanisms.
Singapore's IP registration includes a formal opposition process where third parties can challenge trademark applications. If an application for a patent or trademark faces objections, the processing time is extended until the objections are resolved.
The Singapore government encourages the development and registration of IP through generous financial incentives and a favorable tax regime.
Related Read: How do You Get a Business Grant in Singapore?
What are 4 types of intellectual property protection?
Intellectual property rights are essential to support an innovation-driven economy and the growth of industry and commerce in Singapore. There are four different forms of intellectual property protection: copyright, trademarks, patents, and Trade secrets.
Patent Protection
A patent is a right granted to the owner of an invention that prevents others from making, using, importing, or selling the invention without his permission.
Patents in Singapore are processed by the Registry of Patents. The Patents Act 1994 defines the criteria Singapore uses in granting a patent that the process or design must be new, involve an inventive step, and be capable of industrial application. Registered designs grant the owner exclusive rights to make or import articles embodying the designs.
Singapore patents are protected internationally under the Patent Cooperation Treaty (PCT) which also allows patents to be registered internationally through the Registry of Patents,
Starting from the filing date, a patent in Singapore is valid for 20 years, provided that the annual renewal fees are paid from year 5 onwards.
If there is any infringement of the patent, the court can order damages and an injunction on the use of the infringing product or process.
Patent owners are also allowed to bring actions against importers of grey market goods that infringe on their patent rights.
Trademark Protection
In Singapore, the Registry of Trademarks in Singapore is responsible for handling trademark filings within the country.
A trademark is a symbol, such as a brand name, logo or phrase, that a business uses to distinguish its goods or services. Registering a trademark prevents not only the unauthorized usage of it but also safeguards against similar-looking or sounding trademarks from being registered. It can be licensed or sold to others for its usage. A trademark is valid for 10 years.
If a registered trademark is infringed, the court can award civil damages and issue an injunction. It should be noted that Trademarks that are considered contrary to public policy and morality cannot be registered.
Singapore requires formalities checks and examination processes to determine if the trademark mark complies with laws. The applicant for a trademark must search for existing trademarks before filing their application. After filing, a formalities check is conducted to ensure the application meets the minimum requirements. The processing time for trademark registration is generally around 12 months.
Copyright Protection
The Copyright Act 2021 grants eligible works receive automatic intellectual property safeguards without the need for formal registration. So long the work is in a tangible form, an original property, and has a connection to Singapore it is eligible. Copyright applies immediately upon the creation of the work in a tangible form.
In general, copyright ownership belongs to the person who created the work. However, for works created during employment or freelance work, the copyright may be owned by the employer.
Singapore's Copyright Act protects all original works, including novels, computer programs, films, and artistic works. This means the copyright owner has the exclusive right to publish, perform, broadcast, or adapt the work.
To be afforded copyright protection:
The owner must be a Singaporean National.
The content was first published in Singapore
The person was a Singaporean resident when the content was created.
Generally, the copyright of identified authors lasts the life of the author plus 70 years.
Copyright infringement is when anyone — apart from the copyright owner — reproduces, publishes, performs, adapts, broadcasts, copies or shows the work.
Trade Secrets Protection
Trade secrets are valuable and confidential information that provides an enterprise with a competitive edge that is not publicly known, provides economic value, and is private to the company or individual.
In Singapore, trade secrets are protected under the common law of confidence and the Penal Code.
The owner of a trade secret has the right to prevent others from using or disclosing the information without their consent. This is usually done with Non-Disclosure Agreements (NDAs).
A breach of confidence requires the following three elements:
The information is confidential
The information was shared in circumstances that created an obligation of confidence
The information was used without the original owner's consent.
Enforcement and Dispute Resolution
Singapore's enforcement of intellectual property rights includes both civil and criminal liability for infringement. The available legal remedies for copyright infringement in Singapore include damages, injunctions, and statutory damages. The court can order damages, injunctions, or delivery up and disposal of infringing articles in patent infringement cases.
Singapore is a party to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The TRIPS Agreement requires member countries to set out the minimum standards of protection, enforcement procedures, and World Trade Organization dispute resolutions.
WIPO established an Arbitration and Mediation Centre in Singapore, its only center outside Geneva. The WIPO Arbitration and Mediation Center in Singapore is there to promote alternative dispute resolution procedures (ADR), such as mediation and arbitration, and facilitate the settlement of IP disputes in the region.
International IP Protection
Singapore is a signatory to the Paris Convention, the Berne Convention, the Patent Cooperation Treaty, the Madrid Protocol, and the Budapest Treaty. Therefore, it abides by many international laws and regulations when it comes to IP protection. The IPOS collaborates with international IP agencies to facilitate and strengthen IP rights and enforcement.
The Madrid Protocol, which facilitates international trademark registration, allows for the registration of a trademark in multiple countries through a single application. If a business intends to register the trademark outside of Singapore as well, the application may be filed via the Madrid Protocol form.
The Paris Convention includes patents, trademarks, industrial designs, utility models, service marks, trade names, geographical indications and the repression of unfair competition. A person who has earlier filed a patent application in a Paris Convention/WTO country can claim a right of priority when filing in Singapore.
The Patent Cooperation Treaty allows for the filing of a single patent application that can be used to seek protection in multiple countries.
The Budapest Treaty allows for the deposit of microorganisms with an international depositary authority.
The Berne Convention allows all works except photographic and cinematographic works to be protected for at least 50 years after the author's death.
As a member of the Association of South East Asian Nations (ASEAN), Singapore participates in regional cooperation initiatives in regard to IP.
IP Protection for Startups and SMEs
For Startups and Small-and-Medium Enterprises (SMEs) owner's rights are one of the most important assets. A registered IP allows for greater revenue-generating ventures such as licensing, franchising and overseas expansion. Monetization is an important part of their business model as it will enable them to enter a constant cycle of product discovery, development and commercialization
The Singaporean government provides several ways for Startups and SMEs to protect their IPs such as government grants. SG IP FAST Track, a program that enables businesses to obtain granted patents within 6-9 months, or programs such as IP Management Clinic (IPMC), a four-month program that supports innovative companies by providing expert guidance and professional advice in formulating their IP strategies.
Challenges in IP Protection
There have been concerns about the enforcement of intellectual property rights persist in Singapore.
One of the main IP challenges for businesses is a lack of awareness of IP protection. According to the Singapore IP Survey 2023 conducted by the Intellectual Property Office of Singapore, 92% of companies did not make use of any form of government subsidies or grants for their IP activities, with more than half citing a lack of awareness as the key factor.
Singapore also faces challenges related to software piracy and online piracy. Piracy levels in Singapore remain high despite a decrease from 35 percent in 2009 to 27 percent in 2021.
Conclusion
Singapore's robust legal frameworks for IP protection with the IPOS overseeing makes it an ideal place to protect your IP. IPOS provides comprehensive patent search and examination services, making it a gateway to the region and beyond.
The country is a party to various international intellectual property rights agreements and has a reputation for transparency, efficiency, and neutrality in IP dispute resolution.
Singapore is expected to become a leading hub for IP transactions and management, quality IP filings, and IP dispute resolution. Making it an ideal place to set up, develop, and expand your business.
Read Next: Guide to Singapore Citizenship and Permanent Residence
FAQs
Where again can I register my patents, trade marks, and copyright in Singapore?
You can register online through the IPOS Digital Hub. You may also file it directly at the IPOS office in Singapore.
Are there any forms I need to know?
When registering a trade mark, you'll be filling up the TM4 form: Application to Register a Trade Mark,. Collective Mark or Certification Mark. The form will require your name and address, a clear graphical representation of your trade mark, a list of goods and services being sought for registration, and your declaration of intent to use the trademark.
When filing a patent, you'll main need: Patents Form 1: Request for Grant of Patent, and Patents Form 11 Request for Search and Examination Report.
How much will filing a trademark or patent cost me?
The costs may vary according to the complexity of the invention, but the total official fees for a patent application in Singapore starts from 2,100 SGD. Patent Form 1 itself costs 170 SGD. Once granted, renewal fees have to be paid annually to maintain the validity of your patent, which generally starts at 165 SGD. The IPOS has an official flowchart that can help you plan your process.
For trademark registration, it would cost per mark and per class 240-341 SGD, with an examination fee of 40 SGD.
How much does applying for the SG Patent Fast Track Program cost?
The SG Patent Fast Track Program does not require additional fees to participate in the program. It currently can only process five applications per month on a first-come, first-served basis with a limit of 10 requests per year for each entity, regardless if they are corporates or individuals.