GEOGRAPHICAL INDICATIONS BILL

Order for Second Reading read. 4.38 pm

The Minister of State for Law (Assoc. Prof. Ho Peng Kee): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

Sir, this Bill, as in the case of the Trade Marks Bill, which has just been read and put through the House, is a product of the inter-ministry Committee reviewing our legislation on intellectual protection rights. A similar consultative approach was taken.

Sir, the aim of this Bill is two-fold. Firstly, it seeks to enhance the level of protection for geographical indications. Secondly, it seeks to enable Singapore to comply with our obligations under Articles 22 to 24 of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights, or the TRIPS Agreement, in short.

Geographical Indications

Sir, geographical indications are names or signs used in trade to identify a good or product as originating from a place, where a given quality, reputation or other characteristic of that good or product is largely attributable to its geographical origin. Some well-known examples of geographical indications include "CHAMPAGNE", "SCOTCH WHISKY", "CHEDDAR CHEESE", "PARMA HAM", "BORDEAUX", "PORT" and "SHERRY", names which Singaporeans would likely have come across in any supermarket.

Compliance of the Existing Law with the TRIPS Agreement

Sir, Singapore presently does not have specific legislation governing the use of geographical indications. It is, however, possible to register them as certification trade marks, if they fulfil the requirements under the Trade Marks Act. Alternatively, owners of geographical indications or those authorised by them to use the geographical indication, may sue for passing off, if the geographical indication fails to fulfil the registrability requirements under the Trade Marks Act. Also, under the Consumer Protection Act, the use or application of a false trade description on goods, including their origin, is prohibited and constitutes an offence.

However, Sir, these laws do not meet the standard of protection required for geographical indications in general under the TRIPS Agreement. Also, international trend is to enact specific legislation to protect geographical indications, distinct from those relating to trade marks or unfair competition. Hence, we have decided to enact a separate Bill to cover this specific area. Aim of the Bill

Broadly, Sir, the Bill, in compliance with the TRIPS Agreement, prohibits the following acts:

(a) use of misleading geographical indications;

(b) registration of misleading geographical indications as trade marks; and

(c) use of geographical indications which would constitute an act of unfair competition within the meaning of the Paris Convention for the Protection of Industrial Property.

Sir, further, the Bill provides additional protection for geographical indications relating to wines and spirits by prohibiting the non-misleading use of a geographical indication in relation to wines and spirits, that is to say, the use of a geographical indication for wines and spirits not originating from the place indicated by the geographical indication, even if the true origin of the goods is indicated, or the geographical indication is used in translation or accompanied by expressions such as "kind", "type", "style", "imitation" or the like.

Main Features of the Bill

Sir, protection under the Bill is limited to geographical indications of a country or territory which is a member of the WTO, or a party to the Paris Convention for the Protection of Industrial Property, or a country designated by the Minister as a qualifying country. The last category is to give us the option of entering into a bilateral or multilateral agreement with countries that are neither members of the WTO, nor party to the Paris Convention.

There is no requirement for registration of a geographical indication as the TRIPS Agreement does not make protection contingent upon registration. Instead, the Bill allows a producer or trader of goods identified by geographical indications or an association of these persons, to institute proceedings against a person for committing an act prohibited under the Bill. In line with the TRIPS Agreement, consumers may not pursue this avenue. Consumers may, however, pursue existing remedies under the Consumer Protection Act or the Trade Marks Act.

Exceptions to Protection of Geographical Indications

Sir, protection under the Bill is subject to some exceptions, including:

First, no relief may be claimed under the Bill in relation to a geographical indication which is contrary to public order or morality, or which has fallen into disuse or has ceased to be protected in its country of origin;

Second, a person may use a geographical indication in relation to goods or services which has become a common name of those goods or services in Singapore.

Sir, businesses which produce or trade in products which rely on geographical origin to indicate their quality and for their reputation will benefit from this Bill. It will also have the general effect of facilitating trade and the flow of quality goods, and allow consumers to rely confidently on geographical indications as an indication of the quality commonly associated with the various geographical regions.

Sir, I beg to move.

Question put, and agreed to.

Bill accordingly read a Second time and committed to a Committee of the whole House.

The House immediately resolved itself into a Committee on the Bill. - [Assoc. Prof. Ho Peng Kee].

Bill considered in Committee; reported without amendment; read a Third time and passed.