Under the Copyright Act:
A person who at a time when copyright subsists in a work
- makes for sale or hire;
- sells or lets for hire, or by way of trade offers or exposes for sale or hire; or
- by way of trade exhibits in public,
any article which he knows, or ought reasonably to know, to be an infringing copy of the work shall be guilty of an offence and shall be liable on conviction to a fine not exceeding S$10,000 for the article or for each article in respect of which the offence was committed or S$100,000, whichever is the lower, or to imprisonment for a term not exceeding 5 years, or to both.
A person who at a time when copyright subsists in a work has in his possession or imports into Singapore any article which he knows, or ought reasonably to know, to be an infringing copy of the work for the purpose of:
- selling, letting for hire, or by way of trade offering or exposing for sale or hire, the article;
- distributing the article for the purpose of trade, or for any other purpose to an extent that will affect prejudicially the owner of the copyright in the work; or
- by way of trade exhibiting the article in public,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding S$10,000 for the article or for each article in respect of which the offence was committed or S$100,000, whichever is the lower, or to imprisonment for a term not exceeding 5 years, or to both.
Any person who, at a time when copyright subsists in a work, distributes, either:
- for purposes of trade; or
- for other purposes, but to such an extent as to affect prejudicially the owner of the copyright,
articles which he knows, or ought reasonably to know, to be infringing copies of the work, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding S$50,000 or to imprisonment for a term not exceeding 3 years, or to both.
A person who, at a time when copyright subsists in a work, makes or has in his possession an article specifically designed or adapted for making copies of the work that the person knows, or ought reasonably to know, is to be used for making infringing copies of the work, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding S$20,000 for each such article in respect of which the offence is committed or to imprisonment for a term not exceeding 2 years, or to both.
Any person who for his private profit causes a literary, dramatic or musical work to be performed in public, or causes a cinematograph film to be seen or heard or seen and heard in public, other than by the reception of a television broadcast or cable programme, where he knows, or ought reasonably to know, that copyright subsists in the work or cinematograph film and that the performance constitutes an infringement of the copyright, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding S$20,000 or to imprisonment for a term not exceeding 2 years, or to both.
Any person who, by any means, publishes, or causes to be published, in Singapore an advertisement for the supply in Singapore (whether from within or outside Singapore) of a copy of a computer program which is an infringing copy shall, unless he proves that he acted in good faith and had no reasonable grounds for supposing that copyright would or might thereby be infringed, be guilty of an offence and shall be liable on conviction to a fine not exceeding S$20,000, or to imprisonment for a term not exceeding 2 years, or to both.
Under the Trade Marks Act:
Any person who counterfeits a registered trade mark shall be guilty of an offence and shall be liable on conviction to a fine not exceeding S$100,000 or to imprisonment for a term not exceeding 5 years, or to both.
A person who
- makes a sign identical to or so nearly resembling a registered trade mark as to be calculated to deceive; or
- falsifies a genuine registered trade mark, whether by alteration, addition, effacement, partial removal or otherwise,
without the consent of the proprietor of the registered trade mark shall be deemed to counterfeit a registered trade mark.
In a prosecution under this section, the burden of proving the consent of the proprietor lies on the accused.
Any person who falsely applies a registered trade mark to goods or services shall, unless he proves that he acted innocently, be guilty of an offence and shall be liable on conviction to a fine not exceeding S$100,000 or to imprisonment for a term not exceeding 5 years or to both.
Any person who
- makes an article specifically designed or adapted for making copies of a registered trade mark or a sign likely to be mistaken for that trade mark; or
- has such an article in his possession, custody or control,
knowing or having reason to believe that it has been, or is to be, used for, or in the course of, committing an offence against section 46 or 47, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding S$100,000 or to imprisonment for a term not exceeding 5 years, or to both.
Any person who
- imports into Singapore for the purpose of trade or manufacture;
- sells or exposes for sale; or
- has in his possession for the purpose of trade or manufacture,
any goods to which a registered trade mark is falsely applied shall, unless he proves that
- having taken all reasonable precautions against committing an offence under this section, he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the mark and on demand made by or on behalf of the prosecution, he gave all the information in his power with respect to the persons from whom he obtained the goods; or
- he had acted innocently,
be guilty of an offence and shall be liable on conviction to a fine not exceeding S$10,000 for each goods or thing to which the trade mark is falsely applied (but not exceeding in the aggregate S$100,000) or to imprisonment for a term not exceeding 5 years, or to both.
Any person who
- makes, or causes to be made, a false entry in the register;
- makes, or causes to be made, any thing false purporting to be a copy of an entry in the register; or
- produces or tenders or causes to be produced or tendered in evidence any thing referred to in the above paragraph,
knowing or having reason to believe that 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 S$50,000 or to imprisonment for a term not exceeding 5 years, or to both.
Any person who
- falsely represents that a mark is a registered trade mark; or
- makes a false representation as to the goods or services for which a trade mark is registered,
knowing or having reason to believe that the representation is false shall be guilty of an offence and shall be liable on conviction to a fine not exceeding S$10,000.