Falsification of Register, etc.
65. Any person who —(a)
makes, or causes to be made, a false entry in the Register;
(b)
makes, or causes to be made, any thing false purporting to be a copy of an entry in the Register; or
(c)
produces or tenders or causes to be produced or tendered in evidence any thing referred to in paragraph (b),
knowing or having reason to believe the entry or thing (as the case may be) is false shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 5 years or to both.
False representation that design is registered
66.—(1) Any person who falsely represents that a design applied to any article, non‑physical product or set of articles and non‑physical products disposed of by the person for value is registered in respect of that article, non‑physical product or set of articles and non‑physical products shall 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.[29/2017]
[Act 7 of 2022 wef 26/05/2022]
(2) For the purposes of subsection (1) —(a)
a person is deemed to represent that a design applied to any article is registered in respect of that article, if there is stamped, engraved or impressed on or otherwise applied to the article anything expressing or implying that the design applied to the article has been registered in respect of that article; [Act 7 of 2022 wef 26/05/2022]
(b)
a person is deemed to represent that a design applied to any non‑physical product is registered in respect of that non‑physical product, if —(i)
there is applied to the non‑physical product anything expressing or implying that the design applied to the non‑physical product has been registered in respect of that non‑physical product; or
(ii)
there is stamped, engraved or impressed on or otherwise applied to a device for projecting the non‑physical product anything expressing or implying that the design applied to the non‑physical product has been registered in respect of that non‑physical product; and[29/2017]
[Act 7 of 2022 wef 26/05/2022]
(c)
a person is deemed to represent that a design applied to a set of articles and non-physical products is registered in respect of that set, if there is stamped, engraved or impressed on or otherwise applied to that set or any part of that set (including a device for projecting a non-physical product that is part of that set) anything expressing or implying that the design applied to the set has been registered in respect of that set.[Act 7 of 2022 wef 26/05/2022]
(3) A person shall 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, if the person, after the right in a registered design has expired —(a)
marks any article to which the design has been applied with anything implying that there is a subsisting right in the design under this Act, or causes any such article to be so marked;
(b)
applies, or causes to be applied, to a non‑physical product to which the design has been applied, anything implying that there is a subsisting right in the design under this Act; or
(c)
marks any device for projecting a non‑physical product (being a non‑physical product to which the design has been applied) with anything implying that there is a subsisting right in the design under this Act, or causes any such device to be so marked.[29/2017]
Offences by partnership or body corporate
67.—(1) Proceedings for an offence under this Act alleged to have been committed by a partnership must be brought against the partnership in the name of the firm and not in that of the partners; but without affecting any liability of the partners under subsection (3).
(2) A fine imposed on a partnership on its conviction in such proceedings must be paid out of the partnership assets.
(3) 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.
(4) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of a director, manager, secretary or other similar officer of the body corporate, or a person who was purporting to act in any such capacity, he or she as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Composition of offences
68.—(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 that may be compounded.
(3) On payment of the sum of money, no further proceedings are to be taken against that 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.
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