Singapore
The Trade Marks Bill of 1998 (the "Bill") is to replace the existing Trade Marks Act soon. The Bill is based substantially on the UK Trade Marks Act of 1994 and to a lesser extent on the Australian Trade Marks Act of 1995. Besides enabling Singapore to meet its obligations under the TRIPs Agreement and the Paris Convention, it also paves the way for Singapore's accession to other international agreements (eg, the Madrid Protocol) at a later date.
Major Changes:
-Trademarks defined as visually perceptible signs capable of graphical representation. Signs include shape, color and aspects of packaging.
-Retail services will be registrable.
-Potential for multi-class applications.
-Part A & B divisions abolished and registrability criteria lowered.
-Protection of well-known marks.
-Association and conditions of registration abolished.
-Registration of transactions (e.g. sub-licenses, charges) crucial.
-Special enforcement rights given to exclusive licensees.
-Collective marks introduced.
-Infringement test widened.
-Relief from groundless threats of infringement.
-Border enforcement measures by customs officers.
-Legislation implementing Paris Convention and TRIPs Agreement.
Uruguay
A new trademark act was published in the Official Gazette of October 7, 1998. The law which came into force on October 17th, 1998 does not require that a mark be used. Accordingly, it will still not be possible to cancel marks for non-use, and the registered owners rights in a mark are not affected by lack of use.
The law will shortly be the subject of a regulating Decree, which should help to clarify some of the points which are unclear in the law.
Tonga
A new industrial property law will come into force on January 1, 1999. The main features of the new law are as follows: Trademarks:
-Existing registrations must be re-registered under the new law within a period of 12 months from the law coming into force, to maintain their validity.
-Introduction of substantive registration system which provides for:
a) Multi (international) class applications, covering goods and/or services,
b) Convention priority claims,
c) Local examination procedure,
d) Opposition procedure
e) Ten year term, renewable for like periods.
Patents
-Introduction of a substantive registration system -Patents will be granted for a term of 20 years, subject to payment of annuities,
-Conventions priority may be claimed,
-Applications will be subjected to a formal examination only.