Any entity seeking to do business in Singapore, be it Domestic or International needs to apply for license and permits. The type of license depends on the nature of business and the industry in which the business entity seeks to commence operation.
The ACRA (Accounting and Corporate Regulatory Authority) controls the registration of business firms and incorporation of companies. But still, the nature of the actual business activity could be subjected to control and regulation by other Government authorities. Even after the business has been registered, it cannot begin operation until the necessary license has been received.
License And Permits For Starting A Business In Singapore
Types Of License
Compulsory Licenses
A compulsory copyright license is an exception to copyright law that is usually philosophically justified as an attempt by the government to correct a market failure. As an exception to copyright, another party can exercise one or more of the copyright's exclusive rights without having to obtain the copyright holder's permission (hence "compulsory") but will have to pay a licensing fee.
Some compulsory licenses protect those who wish to use a work for educational or non-commercial purposes. In cases when it is judged too burdensome for scattered or small-scale buyers and sellers to find one another and negotiate a price, governments sometimes issue a compulsory license for the use so that the relative difficulty of obtaining permission for it does not extinguish it. Intellectual Property legislation in Singapore is pepped with regimes for compulsory licensing.
Compulsory Licensing In Singapore Under The Patents Act
Under the pre-2004 provisions of the Patents Act, section 55 of the Patents Act provided that an application may be made to court for the grant of a license after 3 years from the date of the grant of a patent, or 4 years from the date of filing of the patent application, whichever is the later on the grounds that a market for the patented invention is not being supplied, or is not being supplied on reasonable terms, in Singapore.
As per the Amendments to the Patents Bill in 2004, the amendments to the compulsory licensing provisions of the Patents Act were:
At present in Singapore, there are several grounds which a party can rely on to apply to the courts for a compulsory license. To give patent owners greater control over their rights, they have narrowed grounds for granting a compulsory license to one specific situation, i.e. to solve an anti competitive practice.
As per Section 55(1), an application could be made on the ground that such as grant is necessary to remedy an anti competitive practice. According to section 55(2) a court may decide the grant of a license where:
There is a market for the patented invention in Singapore and that market Is not being supplied or Is not being supplied on reasonable terms and the court is of the view that the proprietor of the patent has no valid reason for failing to supply the market with the patented invention.
Business Activity License And Permits
A business license is a permit or registration required by the federal, state, county, or local government to conduct business. Besides the basic operating permits, business owners should investigate other possible licensing requirements based on their location and industry. Conducting business without the proper licenses and permits may result in penalties, notices, and the inability to operate.
