Border Enforcement of Intellectual Property Rights
This page explains how IP rights holders can request seizure of suspected infringing goods at Singapore’s borders, including procedures, forms, timelines, and security requirements.
On this page
Singapore Customs can help rights holders stop suspected infringing goods at the border. This page explains how rights holders and licensees can request seizures, how ex-officio seizures work, and the required documents, fees and security.
Seizure on Request (Lodgement of Notice)
Who Can Request a Seizure?
You may request a seizure if you are:
The owner or licensee of a registered trade mark
The owner or licensee of a copyright
A producer or trader of goods identified by a registered geographical indication, or any association of such producers or traders
The owner or exclusive licensee of a registered design
What You May Request
You may give the Director-General of Customs a written notice requesting the seizure of goods that:
Are expected to be imported into or exported from Singapore; and
Are suspected to infringe the registered trade mark, copyright, geographical indication or registered design.
Information You Must Provide
Your notice must include enough information:
To identify the infringing goods
To enable the Director-General of Customs to tell when and where the goods are expected to be imported or exported
To satisfy the Director-General of Customs that the goods are infringing
Period of Validity and Timelines
The notice is valid for the day it is given plus 59 days (a total of 60 days)
During this period, Singapore Customs will seize the goods if they are imported into, or to be exported from, Singapore
Once the goods are seized, both you and the importer or exporter will be informed
After you are informed of the seizure, you must:
Commence an infringement action for the relevant trade mark, copyright, geographical indication or registered design; and
Notify the Director-General of Customs that you have done so, within 10 working days after the date specified in the notice of seizure. This may be extended by a further 10 working days, upon request
Ex-Officio Seizure
Singapore Customs may also seize, on its own initiative, copies or goods that:
Are reasonably suspected to infringe a registered trade mark, a copyright or a registered geographical indication; and
Are imported into or to be exported from Singapore
After the seizure, Singapore Customs will inform:
The owner or exclusive licensee of the copyright, or the proprietor or licensee of the registered trade mark (the “right holder”)
The registrant of the registered geographical indication; or
Any producer or trader of goods, or any association of such producers or traders (for a geographical indication)
Requesting Continued Detention of Seized Goods
The right holder, registrant, producer, trader or relevant association, may ask Singapore Customs to continue detaining the goods.
To do so, they must:
Provide written notice to Singapore Customs within 48 hours after the date of the notice of seizure from Singapore Customs. Singapore Customs will issue a notice to take action as soon as practicable; and
Commence an infringement action and notify the Director-General of Customs within 10 working days after the date specified in the notice to take action. This deadline may be extended by 10 working days, upon request
Security Requirements
The right holder, registrant, producer, trader or relevant association must provide security that is sufficient:
To reimburse the Government of Singapore for any liability or reasonable expenses likely to be incurred in relation to the seizure, storage and disposal of the goods; and
To pay any compensation ordered by the court for loss suffered by the defendant if:
The infringement action is not taken, or is dismissed or discontinued; or
The court decides that there was no infringement
Types of Security
The security may cover:
Only the current shipment; or
The current shipment and future shipments to be seized by Singapore Customs (an annual security)
An annual security can cover up to 5 outstanding shipments (shipments detained by Singapore Customs where civil proceedings have not yet been concluded).
If the Director-General of Customs finds the security insufficient, the depositor must top up the amount accordingly.
Procedure for Giving Notice
For Seizure on Request (Lodgement of Notice)
Submit a written notice using the following forms:
For Ex-Officio Seizure (Continued Detention)
Where Singapore Customs has notified the right holder or registrant of an Ex-Officio Seizure and they wish the goods to continue being detained, submit a written notice using the following forms:
Documents to Submit
Each Notice must include:
A statutory declaration that the particulars in the notice are true
A fee of S$200
Security in the form of:
A deposit of money; or
A guarantee issued by a bank, finance company or insurance company in Singapore.
Please contact Operations Management Branch, Singapore Customs for the required amount of security.
A guarantee must remain in force:
Until 31 December of the following year, for an annual security; or
For 1 year, for a one-time security
A Letter of Undertaking to bear all reasonable costs relating to the seizure, transportation, storage and disposal of the goods
Additional requirements
For trade marks:
A copy of the certificate of registration issued by the Registrar of Trade Marks for the registered trade mark specified in the notice; and
Evidence that the registration was duly renewed at all times
For geographical indications:
A copy of the certificate of registration issued by the Registrar of Geographical Indications for the registered geographical indication specified in the notice; and
Evidence that the registration was duly renewed at all times
For registered designs:
A copy of the certificate of registration issued by the Registrar of Designs for the registered design specified in the notice; and
Evidence that the period of registration was duly extended at all times
Where the notice is given by an agent:
Evidence of the authority of the person giving the notice
Templates for Guarantee and Letters of Undertaking
You may use the following templates:
This table provides a list of relevant forms and their corresponding links for guarantees and letters of undertaking under various intellectual property Acts in Singapore.
Forms | Related Links |
Guarantee to be issued by a bank, finance company or insurance company in Singapore | |
Letter of Undertaking under the Trade Marks Act | |
Letter of Undertaking under the Copyright Act | |
Letter of Undertaking under Geographical Indications Act | |
Letter of Undertaking under Registered Designs Act |
Fees, Payment and Submission
The S$200 fee and security deposit must be made via bank transfer to Singapore Customs.
All required documents must be submitted to:
Singapore Customs
Attention: Operations Management Branch
1 Bulim Drive
Singapore 648171
Relevant Legislation and Rules
For more information on the border enforcement measures, please refer to:
Trade Marks
Copyright
Geographical Indications
Registered Designs
Contact Us
For clarification, please email:
customs_operations_management@customs.gov.sg
