Are traders allowed to turn a blind eye to counterfeits?

By Yew Kuin Cheah and Adam Giam

In a case involving counterfeit contact lenses, a trader was able to rely on the defence under Section 49(i) of the Trademarks Act as there was no reason for him to suspect that the products were counterfeit. The decision may allow traders to more easily avoid criminal liability for dealing in counterfeits

Singapore has made important strides to establish itself as a global IP hub within Asia. However, the country is a prime target for infringers, which often use Singapore as a central port through which to channel their counterfeit products for transshipment to other markets.

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Issue 73