Falsification of register, etc.
Open ↗98. If a person makes or causes to be made a false entry in any register kept under this Act, or a writing falsely purporting to be a copy or reproduction of an entry in any such register, or produces or tenders or causes to be produced or tendered in evidence any such writing, knowing the entry or writing to be false, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
Unauthorised claim of patent rights
Open ↗99.—(1) If a person falsely represents that anything disposed of by the person for value is a patented product, the person shall, subject to this section, be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
(2) For the purposes of subsection (1), a person who for value disposes of an article having stamped, engraved or impressed on it or otherwise applied to it the word “patent” or “patented” or anything expressing or implying that the article is a patented product, is taken to represent that the article is a patented product.
(3) Subsection (1) does not apply where the representation is made in respect of a product after the patent for that product or, as the case may be, the process in question has expired or been revoked and before the end of a period which is reasonably sufficient to enable the accused to take steps to ensure that the representation is not made or does not continue to be made.
(4) In proceedings for an offence under this section, it is a defence for the accused to prove that the accused used due diligence to prevent the commission of the offence.
Unauthorised claim that patent has been applied for
Open ↗100.—(1) If a person represents that a patent has been applied for in respect of any article disposed of for value by the person and —(a)
no such application has been made; or
(b)
any such application has been refused, withdrawn or treated as having been abandoned,
the person shall, subject to this section, be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
(2) Subsection (1)(b) does not apply where the representation is made or continues to be made before the expiry of a period which commences with the refusal, withdrawal or abandonment and which is reasonably sufficient to enable the accused to take steps to ensure that the representation is not made or does not continue to be made.
(3) For the purpose of subsection (1), a person who for value disposes of an article having stamped, engraved or impressed on it or otherwise applied to it the words “patent applied for” or “patent pending”, or anything expressing or implying that a patent has been applied for in respect of the article, is taken to represent that a patent has been applied for in respect of it.
(4) In any proceedings for an offence under this section, it is a defence for the accused to prove that the accused used due diligence to prevent the commission of the offence.
Misuse of title “Registry of Patents”
Open ↗101. If any person uses on the person’s place of business, or on any document issued by the person, or otherwise, the words “Registry of Patents” or any other words suggesting that the person’s place of business is, or is officially connected with, the Registry of Patents, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
Offences by bodies corporate and partnerships
Open ↗102.—(1) Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or any similar officer of the body corporate, or any person who was purporting to act in any such capacity, he or she, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.
(3) Proceedings for an offence under this Act alleged to have been committed by a partnership must be brought in the name of the partnership and not in that of the partners; but without prejudice to any liability of the partners under subsection (5).
(4) A fine imposed on a partnership on its conviction in such proceedings must be paid out of the partnership assets.
(5) Where a partnership is guilty of an offence under this Act, every partner, other than a partner who is proved to have been ignorant of or to have attempted to prevent the commission of the offence, is also guilty of the offence and liable to be proceeded against and punished accordingly.[Act 7 of 2022 wef 26/05/2022]
Composition of offences
Open ↗103.—(1) The Registrar or any person authorised in writing by the Registrar may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:(a)
one half of the amount of the maximum fine that is prescribed for the offence;
(b)
$5,000.[Act 23 of 2019 wef 10/06/2022]
(2) The Office may, with the approval of the Minister, make regulations to prescribe the offences which may be compounded.
(3) On payment of the sum of money, no further proceedings may be taken against such person in respect of the offence.
(4) All sums collected under this section must be paid into the Consolidated Fund.[Act 23 of 2019 wef 10/06/2022]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
