The beginning of 1998 saw an increase in action against copyright pirates. In May 1998, over 40,000 pirated music, software and video compact discs were destroyed at a public ceremony. At the ceremony, the Minister of State for Law announced that 380 copyright-related raids were conducted in 1997 by the police's Intellectual Property Rights Warrant Unit. This figure is an increase from the 184 raids conducted in 1996. The Minister also revealed that in the first quarter of 1998, an average of 15 raids a day were conducted, resulting in the seizure of more than 100,000 items.
The courts had been strict too. On 30 April 1998, a software retailer was fined more than S$1.5 million after he had pleaded guilty to 314 charges based on illegal copies of software. He would face a 21-month jail term in default of the fine. This sentence was in addition to a jail sentence and fine which the offender had already received upon his earlier conviction for various copyright offences and possession of obscene materials.
NEW LEGISLATION
New legislation was also introduced in April 1998 to combat the manufacture of pirated optical discs (CDs, CD-ROMs, VCDs, DVDs and DVD-ROMs). A permit from the Trade Development Board would now be required for the importation of equipment used for replicating and mastering optical discs. Further, all manufacturers of optical discs would have to be registered under the Control of Manufacture Act. The Registrar of Manufacturers is empowered to impose conditions on such registrations. One condition would be that a manufacturer must undertake not to infringe intellectual property rights.
US ANNUAL REVIEW OF INTELLECTUAL PROPERTY RIGHTS: SINGAPORE
It would appear that the dramatic increase in police-led raids and the sudden introduction of new legislation might have arisen from special interest group representations in the United States of America. It was reported that in the US Trade Representative's annual review of Intellectual Property Rights, US companies in the film, music, software and book publishing industries lobbied to move Singapore from the Special 301 "watch list" to the "priority watch list". However, Singapore managed to remain on the "watch list". The recent flurry of police-led raids and the new legislation might have helped Singapore avert the re-classification. In the review, it was noted that Singapore's policy of having copyright owners "self-police" their copyright was outdated and ineffective. However, the review stated that as the Singapore government had shown a willingness to enforce copyright laws itself, developments would be monitored.
This article is intended to provide a general guide to the subject matter and should NOT be treated as legal advice. Specific legal advice should be sought by you about your particular case and special circumstances.
For further information/enquiries, please contact:
Mr TAN Bok Hoay / Mr Simon SEOW Donaldson & Burkinshaw 24 Raffles Place #15-00 Clifford Centre SINGAPORE 048621 Tel: (65) 533 9422 Fax: (65) 533 7806
