27 September 2018
The Intellectual Property Office of Singapore (“IPOS”) is conducting a public consultation on the proposed Geographical Indications Rules (“GI Rules”) from 10 September 2018 to 5 October 2018. The GI Rules will be issued under the Geographical Indications Act 2014 (“GI Act 2014”) to govern the operational aspects of a new Registry of Geographical Indications (“GI Registry”) which will be set up to receive applications for registration of geographical indications (“GI”) in Singapore.
The GI Act 2014 which will establish the GI Registry was passed by the Singapore Parliament on 14 April 2014 and has since been gazetted. As these developments relate to Singapore’s obligations under the European Union-Singapore Free Trade Agreement (“EUSFTA”), the GI Act 2014 will come into force upon Singapore ratifying the EUSFTA.
The GI Rules are anticipated to come into force together with the GI Act 2014.
Modelled after the Trade Marks Rules, the proposed draft GI Rules contain key provisions relating to the following:
- Preliminary general provisions
- Registration of GIs
- Qualification of rights
- Setting up and maintenance of a Register for GIs
- Renewal of registration of GIs
- Cancellation of GIs
- Evidence and procedure and costs
- Extension of time and continued processing
All applications for GI registration will undergo a three-stage process similar to trade mark applications:
- An application for registration must be submitted;
- The application will be examined to ascertain that it fulfils the criteria for registration; and
- Assuming that the application satisfies the registration criteria, it will be published for a period of time to give third parties an opportunity to object to the registration.
The following materials can be found on the IPOS website www.ipos.gov.sg: