EU–Singapore FTA: Highlight of improvements on intellectual property

WRITTEN BY XUAN NGUYEN

Singapore and the EU are key trading partners. The EU is Singapore’s third-largest trading partner in goods, accounting for 10 % of its total trade with the world. Singapore is the EU’s largest trading partner in ASEAN, representing close to a quarter of the total EU–ASEAN trade in goods and over half of the EU–ASEAN trade in services. Over 10 ,000 EU companies are established in Singapore, and use it as a hub to serve the whole South Pacific.

The EU–Singapore trade and investment protection agreements were signed on 19 October 2018. The trade agreement entered into force on 21 November 2019, while the investment protection agreement will enter into force after it has been ratified by all EU Member States according to their own national procedures.

The trade agreement is expected to increase opportunities for cooperation, and foster future growth and progress for all the parties involved. In the immediate future, the companies will benefit from the removal of tariffs and non-tariff barriers to trade in goods and services, the liberalisation of investments and public procurement, and a boost in competition and sustainable development. In addition, the agreement contains important improvements on intellectual property (IP) protection that will contribute to strengthening the position of Singapore as one of the most profitable and secure destinations in Asia for business investment and the expansion of EU companies.

Following a commitment in the agreement, Singapore has strengthened its existing Geographical Indication (GI) protection regime by setting up a system that allows GIs to be registered. The agreement contains one annex with a list of 196 European GIs that will be applying for protection in Singapore. Champagne from France, Parmigiano Reggiano from Italy, and Scotch Whisky from Scotland are some examples of iconic EU GIs to be protected in Singapore. EU GIs will enjoy the same level of protection as in the European Union. In the long run, better protection by Singapore’s authorities will also raise local consumer awareness around authentic, top quality GI products from the EU. As of 1 February 2020, a total of 139 European GIs (mainly covering wines, spirits, foodstuffs, and agricultural products) have been registered in Singapore.

Regarding copyright, the agreement provides for equitable payment for both performers and producers of recorded music played on the radio, TV or in places open to the public (such as shops, restaurants, bars). This will be implemented within two years of the trade agreement entering into force.

The enforcement chapter sets out detailed provisions on civil enforcement measures, including general obligations related to the availability and the application of these measures, provisions on preserving evidence in disputes, injunctions, damages and on the liability of intermediary service providers.

With regard to border enforcement, EU companies can now request that Singapore’s customs seize counterfeit trade mark goods and pirated copyright goods. Within three years from the entry into force of the trade agreement, holders will also be able to request that Singapore’s customs seize counterfeit GI goods and goods with pirated designs when they are being imported or exported.

Singapore and the EU also committed to putting ex officio procedures by the authorities into action. This means that the authorities may act on their own initiative to suspend the release of counterfeit trade mark goods, pirated copyright goods and counterfeit GI goods. With regard to counterfeit GI goods, Singapore will implement this commitment within three years of entry into force of the trade agreement.

The agreement aims at creating favourable conditions and a sustainable environment for EU companies to take full advantage of the opportunity Singapore provides as a business and transport hub in South-East Asia.

Singapore has a very comprehensive and robust IP framework, which is considered to be one of the best in Asia, and the best in South-East Asia. The supplementary commitments on IP protection and enforcement in the agreement will further reinforce Singapore’s competitive position, attracting more investment for innovation and start-up activities from EU companies.

Reference: https://ec.europa.eu/trade/policy/in-focus/eu-singapore-agreement/