Court of Appeal renders decision on counterfeit goods in transit, and liability for trade mark infringement

Written By

anan sivananthan module
Anan Sivananthan

Partner
Singapore

I am an Intellectual Property litigation partner in Singapore, where my commercial insights into our clients' needs enable me to effectively manage IP litigation matters in Singapore and the ASEAN region.

The Singapore Court of Appeal has clarified that liability for trade mark infringement can be established notwithstanding the fact that the infringing goods were merely in transit and never intended for entry into the Singapore market. The Court of Appeal also clarified that freight forwarders which did not know, or had no reason to believe, that there were signs on goods which they are importing or exporting will not be held liable for trade mark infringement. 

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