SINGAPORE
Since January 2005, entry into force in April 2005
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Singapore has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
SINGAPORE
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
The Common Law doctrine of breach of confidence
In Singapore, there is no specific legislation dedicated to the protection of trade secrets. Instead, trade secrets are typically safeguarded through the common law doctrine of breach of confidence, alongside intellectual property and contract law, where applicable. For information to qualify as a trade secret or confidential information, it must not be publicly accessible and must be clearly and specifically identified, as demonstrated in Nanofilm Technologies International Pte Ltd v Semivac International Pte Ltd and others [2018] SGHC 167.
Additionally, the Intellectual Property Office of Singapore outlines three key considerations for determining whether a breach of confidence has occurred: (1) whether the information has the quality of confidentiality; (2) whether it was communicated under circumstances that impose an obligation of confidentiality—this obligation can exist even if the information was accessed or acquired without the company’s consent; and (3) whether the person who obtained the information can prove that they were unaware of its confidential nature or acquired it unintentionally.
Additionally, the Intellectual Property Office of Singapore outlines three key considerations for determining whether a breach of confidence has occurred: (1) whether the information has the quality of confidentiality; (2) whether it was communicated under circumstances that impose an obligation of confidentiality—this obligation can exist even if the information was accessed or acquired without the company’s consent; and (3) whether the person who obtained the information can prove that they were unaware of its confidential nature or acquired it unintentionally.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230205212300/https://www.twobirds.com/en/insights/2020/singapore/recent-developments-in-relation-to-the-protection-of-trade-secrets-in-singapore
- https://cms.law/en/int/expert-guides/cms-expert-guide-to-trade-secrets/singapore
- https://web.archive.org/web/20231205015419/https://www.ipos.gov.sg/about-ip/trade-secrets
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SINGAPORE
N/A
Pillar Telecom infrastructure & competition |
Indicator 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 practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
SINGAPORE
Since October 1993
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Singapore Telecommunications (SingTel), the incumbent telecommunication operator, is currently 52% government-owned.
Coverage Telecommunications sector
SINGAPORE
N/A
Pillar Telecom infrastructure & competition |
Indicator 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 some instances (dominant licensees and their related companies).
Coverage Telecommunications sector
SINGAPORE
Since June 2022
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Guidelines for Submission of Application for Services-based Operations Licence
The "Guidelines for Submission of Application for Services-Based Operations Licence" outline the procedures for obtaining the Services-Based Operations (SBO) Licence, which authorises an operator to provide services-based telecommunications services in Singapore. Generally, operators that lease international transmission capacity to deliver their services are required to obtain an SBO (Individual) Licence. According to Section 2.4 of the Guidelines, applicants seeking an SBO (Individual) Licence for prepaid services must ensure that their company possesses a minimum paid-up capital of SGD 100,000 (approx. USD 74,000).
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20250129223931/https://www.imda.gov.sg/-/media/imda/files/regulations-and-licensing/licensing/telecommunication/services-based-operations/sboguidelines.pdf
- https://web.archive.org/web/20250129223959/https://www.mondaq.com/media-telecoms-it-entertainment/1330912/tmt-comparative-guide
- https://web.archive.org/web/20250129224039/https://www.imda.gov.sg/regulations-and-licensing-listing/services-based-operations--sbo--licence
- https://web.archive.org/web/20250129224241/https://datahub.itu.int/data/?i=100051&s=19296&e=SGP
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SINGAPORE
Since April 1994
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Singapore has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20220119045544/https://www.wto.org/english/tratop_e/serv_e/telecom_e/sc76.pdf
- https://web.archive.org/web/20220307092617/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm
- https://web.archive.org/web/20220119043046/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_highlights_commit_exempt_e.htm#country
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SINGAPORE
Since March 1997
Since December 2015
Since December 2015
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator 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
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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SINGAPORE
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
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 December 1967, last amended in July 2023
Since December 1999, last amended in November 2022
Since April 2012
Since December 1999, last amended in November 2022
Since April 2012
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Companies Act 1967
Telecommunications Act
Telecom Competition Code 2012
Telecommunications Act
Telecom Competition Code 2012
There are no ownership restrictions for telecommunications, manufacturing of information and communication technology goods and products, computer and related services, and online broadcasting. A foreign entity may wholly own telecommunications licensees that are Singapore-incorporated companies. Licensees must be either incorporated under or, if a foreign company, registered under the Singapore Companies Act (Cap 50).
Coverage Horizontal
Sources
- https://web.archive.org/web/20231010045448/https://sso.agc.gov.sg/act/coa1967
- https://web.archive.org/web/20231227043935/https://sso.agc.gov.sg/Act/TA1999
- https://web.archive.org/web/20240217232451/https://www.imda.gov.sg/-/media/Imda/Files/Regulation-Licensing-and-Consultations/Frameworks-and-Policies/Competition-Management/Telecom-Competition-Code/02-...
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SINGAPORE
Since December 1967, last amended in July 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Companies Act 1967
Pursuant to Section 145.1 of the Companies Act, it is a legal requirement for every company to appoint at least one director who is ordinarily resident in Singapore.
Coverage Horizontal
SINGAPORE
Since December 1999, last amended in November 2022
Since April 2012
Since April 2012
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Telecommunications Act
Telecom Competition Code 2012
Telecom Competition Code 2012
According to Art. 10 of the Telecommunications Competition Code and pursuant to Art. 26 of the Telecommunications Act, acquisitions higher than 12% of a controller of a designated telecommunications licensee must seek prior approval from the Infocomm Development Authority of Singapore (IDA). Likewise, in the case of acquisitions higher than 30% of the total voting shares or voting power, which results in a 30% or higher controlling stake of the designated telecommunication licensee, prior approval of the IDA is required.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20231227043935/https://sso.agc.gov.sg/Act/TA1999
- https://web.archive.org/web/20240217232451/https://www.imda.gov.sg/-/media/Imda/Files/Regulation-Licensing-and-Consultations/Frameworks-and-Policies/Competition-Management/Telecom-Competition-Code/02-...
- https://web.archive.org/web/20230606104942/https://www.imda.gov.sg/-/media/Imda/Files/Inner/PCDG/Practice-Guidelines/TCC/TelecomCon_TenderOffer.pdf
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SINGAPORE
Since November 1994, entry into force in February 1995
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty
Singapore is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
SINGAPORE
Since September 2021
Pillar Intellectual Property Rights (IPRs) |
Indicator 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 outlines the exceptions, which include the use of works for research and study, criticism or review, and reporting current events in relation to various works and subject matters.
Coverage Horizontal
SINGAPORE
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on 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: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
