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Legislative Implementation of Flexibilities - Singapore

Title:Section 66 (2) (g), (3), (4), (5), (5A) and (6) of the Patents Act No. 21 of 25/11/1994 as of 01/12/2008
Field of IP:Patents
Type of flexibility:Exhaustion of rights
Summary table:PDF

Provisions of Law

Meaning of infringement

66.(2) An act which, apart from this subsection, would constitute an infringement of a patent for an invention shall not be so if -

(g) subject to subsections (3) and (5A), it consists of the import, use or disposal of, or the offer to dispose of, any patented product or any product obtained by means of a patented process or to which a patented process has been applied, which is produced by or with the consent (conditional or otherwise) of the proprietor of the patent or any person licensed by him, and for this purpose "patent" includes a patent granted in any country outside Singapore in respect of the same or substantially the same invention as that for which a patent is granted under this Act and "patented product", "patented process" and "licensed" shall be construed accordingly;

(3) Subsection (2) (g) shall not apply to the import of any patented pharmaceutical product by any person (referred to in this subsection and subsection (4) as the importer) if -

(a) the product has not previously been sold or distributed in Singapore by or with the consent (conditional or otherwise) of the proprietor of the patent or any person licensed by the proprietor of the patent to sell or distribute the product in Singapore;

(b) the import of the product by the importer would result in the product being distributed in breach of a contract between -

(i) the proprietor of the patent; and

(ii) any person licensed by the proprietor of the patent to distribute the product outside Singapore; and

(c) the importer has actual or constructive knowledge of the matters referred to in paragraph (b).

(4) For the purposes of subsection (3), where the importer has received a written notice containing the prescribed particulars, he shall be deemed to have constructive knowledge of the matters referred to in subsection (3) (b).

(5) For the avoidance of doubt, in subsection (3), "patent" does not include a patent granted in any country outside Singapore in respect of the same or substantially the same product and

"licensed" shall be construed accordingly.

(5A) Subsection (2)(g) and (i) shall not apply to the import or sale of, or the offer to sell, any relevant health product produced for export to any country, other than Singapore, which is an eligible importing member of the World Trade Organisation

(6) In this section - "eligible importing member" , in relation to the World Trade Organisation, means a member of the World Trade Organisation which -

(a) is a least-developed country; orb) has given the Council for TRIPS the notification referred to in -

(i) paragraph 1(b) of the Doha Declaration Implementation Decision; or

(ii) paragraph 1(b) of the Annex to the TRIPS Agreement;

"exempted aircraft" means an aircraft to which section 5 of the Air Navigation Act (Cap. 6) applies;

"relevant ship" and "relevant aircraft, hovercraft or vehicle" mean, respectively, a ship and an aircraft, a hovercraft or a vehicle registered in, or belonging to, any country, other than Singapore, which is -

(a) a party to the Paris Convention; or

(b) a member of the World Trade Organisation.

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