Registration of Geographical Indications in Singapore

As 2019 comes to an end and we look back on what happened this year, it appears that the introduction of a new Geographical Indications Registry is one of the major changes in the Singapore IP landscape.

Singapore’s Geographical Indications (GIs) Rules 2019 was indeed enforced on 1^st April 2019 to implement the Geographical Indications Act of 2014 and thus launch a new registry of GIs within the Intellectual Property Office of Singapore (IPOS). As of this date, producers of goods with particular characteristics attributable to their geographical origin (such as specific foodstuffs, beverages, and agricultural products), qualified producer associations and competent authorities are entitled to file applications for the registration of Geographical Indications.

Registrability Criteria

• Geographical origin

The geographical origin must be:

(a) a qualifying country or a region or locality in a qualifying country and

(b) a given quality, reputation or other characteristic of the goods is essentially attributable to that place

• Categories of goods

1. Wines
2. Spirits
3. Beers
4. Cheese
5. Meat and meat products
6. Seafood
7. Edible oils
8. Non-edible oils
9. Fruits
10. Vegetables
11. Spices and condiments
12. Confectionery and baked goods
13. Flowers and parts of flowers
14. Natural gum

• Applicant

(a) a person carrying on an activity as a producer in the geographical area specified in the application with respect to the goods specified in the application or

(b) an association of persons referred to in (a) or

(c) a competent authority having responsibility for the geographical indication for which registration is sought.

• Geographical indication

(a) must be protected in its country or territory of origin

(b) must be distinctive (namely cannot be identical to the common name of the goods it serves to identify)

(c) must not be against public order or morality

(d) must not contain the name of a plant variety or animal breed

(e) must not be confused with an existing geographical indication in the register

(f) must not be confused with an existing trademark in the register

(g) must not be identical or similar to a well-known trademark in Singapore

Once granted, the protection of the GI will be valid for 10 years from the registration date and may be renewed indefinitely, each time for a further 10-year period.

Advantages 

There are certain advantages to the registration of Geographical Indications. These include:

–          The certainty of protection: the producers are no longer required to bring an application to the court to find out whether their goods could benefit from the protection granted by a GI. Registration is more practical, less expensive and certain.

–          Enforcement: higher border enforcement measures and better protection against infringement.

–          Protection of consumers: the relevant public receives a guarantee that the products identified by GI meet the protection criteria. 

IPHUB has extensive experience in protecting geographical indications and managing both local and global IP portfolios. Please contact us for information on the registration of Geographical Indications and other strategic advice. You can also visit our website to learn about the IP services we offer.