SINGAPORE
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Singapore does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, accounting separation is required in certain cases (dominant licensees and their related companies).
Coverage Telecommunications sector
SINGAPORE
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that there is no obligation for passive infrastructure sharing in Singapore to deliver telecom services to end users. However, it is practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector
SINGAPORE
Reported in 2020, last reported in 2021
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
The Common Law doctrine of breach of confidence
In Singapore, there is no express legislation for the protection of trade secrets per se. Instead, protection of trade secrets in Singapore is typically through the common law doctrine of breach of confidence, as well as (where applicable) the use of IP and contract law.
For information to be protectable as confidential information or a trade secret, it must not already be available to the public at large and it must be clearly and specifically identified (Nanofilm Technologies International Pte Ltd v Semivac International Pte Ltd and others [2018] SGHC 167).
Additionally, the Intellectual Property Office of Singapore reports: In considering whether a breach of confidence is made out, the following will be considered: 1) whether the information has the quality of confidentiality; 2) whether the information was imparted in circumstances importing an obligation of confidentiality. An obligation of confidentiality can be found even where confidential information has been accessed or acquired without the company’s knowledge or consent; 3) whether the person who came into the information is able to demonstrate that his conscience was unaffected. For instance that he was not aware that the information was confidential or he came across the information by accident.
For information to be protectable as confidential information or a trade secret, it must not already be available to the public at large and it must be clearly and specifically identified (Nanofilm Technologies International Pte Ltd v Semivac International Pte Ltd and others [2018] SGHC 167).
Additionally, the Intellectual Property Office of Singapore reports: In considering whether a breach of confidence is made out, the following will be considered: 1) whether the information has the quality of confidentiality; 2) whether the information was imparted in circumstances importing an obligation of confidentiality. An obligation of confidentiality can be found even where confidential information has been accessed or acquired without the company’s knowledge or consent; 3) whether the person who came into the information is able to demonstrate that his conscience was unaffected. For instance that he was not aware that the information was confidential or he came across the information by accident.
Coverage Horizontal
Sources
- https://www.twobirds.com/en/insights/2020/singapore/recent-developments-in-relation-to-the-protection-of-trade-secrets-in-singapore#:~:text=In%20Singapore%2C%20there%20is%20no,of%20IP%20and%20contract...
- https://cms.law/en/int/expert-guides/cms-expert-guide-to-trade-secrets/singapore
- https://www.ipos.gov.sg/about-ip/trade-secrets
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SINGAPORE
Since January 2005, entry into force in April 2005
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Singapore has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
SINGAPORE
Since January 2005, entry into force in April 2005
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Singapore has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
SINGAPORE
Since November 1994, entry into force in February 1995
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty
Singapore is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
SINGAPORE
Since September 2021
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Copyright Act 2021
The Copyright Act provides a clear regime of copyright exceptions that follows the fair use model, which enables the lawful use of copyrighted work by others without obtaining permission. Chapter 63 lists the exceptions including the use of research and study, for purpose of criticism or review, for purpose of reporting current events in relation to works and other subject-matters.
Coverage Horizontal
SINGAPORE
Since December 1967, last amended in January 2000
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Nationality/residency requirement for directors or managers
Singapore Companies Act 1967
Pursuant to the Singapore Companies Act 1967 (section 145(1)), companies incorporated in Singapore must have at least one director who is ordinarily resident in Singapore. Foreign companies seeking a listing on the Singapore Exchange Limited must have at least two directors resident in Singapore.
Coverage Horizontal
SINGAPORE
Since December 1967, last amended in January 2000
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Nationality/residency requirement for directors or managers
Singapore Companies Act 1967
Pursuant to the Singapore Companies Act 1967 (section 145), a director must be a natural person (i.e. a company or business entity cannot be a director) ordinarily resident in Singapore— ideally Singaporean citizen, but can be a Singapore Permanent Resident or a person with an Employment Pass/Dependent’s Pass. A company is required to have at least one director who is ordinarily resident in Singapore. It must also have a company secretary, who cannot be a sole director and must be resident in Singapore.
Coverage Horizontal
SINGAPORE
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of coverage of CPC 754, CPC 752, and CPC 84 in the WTO Government Procurement Agreement (GPA)
Although Singapore is a signatory to the WTO Government Procurement Agreement (GPA), its coverage schedules do not include "telecommunications related services" (CPC 754) and do not fully cover "computer related services" (CPC 84) and "telecommunications services" (CPC 752), which are important service sectors for digital trade.
Coverage Telecommunications services
SINGAPORE
Since March 1997
Since December 2015
Since December 2015
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)
ITA Expansion Agreement (ITA II)
ITA Expansion Agreement (ITA II)
Singapore is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods
SINGAPORE
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0%
Coverage rate of zero-tariffs on ICT goods (%)
100%
Coverage: Digital goods
SAUDI ARABIA
Since 2007
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
UNCITRAL Model Law on Electronic Signatures
Saudi Arabia has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
SAUDI ARABIA
Since 2007
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Saudi Arabia has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
SAUDI ARABIA
N/A
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Saudi Arabia has no unified consumer protection law in place. The principle of consumer protection relies on the interpretation of Shariah Law. Shariah law has given considerable concern to legitimate earning, mutual consent, truthfulness, fulfilling business obligations, and transparency.
Coverage E-commerce
Sources
- https://www.sama.gov.sa/en-US/Laws/Pages/ConsumerRulesAndRegulations.aspx
- http://www.aessweb.com/pdf-files/IJASS-2020-10(5)-262-272.pdf
- http://www.kadasa.com.sa/files/1/publications/files/E-Commerce%20Law%20Saudi%20Arabia.pdf
- https://mc.gov.sa/en/regulations/pages/details.aspx?lawid=aaa4d4cf-ca57-41ff-a3f9-aa8500a3512c
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