Singapore
Singapore’s intellectual property agency disputes Aupen founder’s claims, issues correction orders
Singapore handbag brand Aupen and its founder Nicholas Tan (left) have received correction directions under the Protection from Online Falsehoods and Manipulation Act regarding claims made about the Intellectual Property Office of Singapore. — Combination picture via Aupen handout and Facebook/Aupen

SINGAPORE, Sept 22 — Singapore handbag brand Aupen and its founder Nicholas Tan have received correction directions under the Protection from Online Falsehoods and Manipulation Act (POFMA) regarding claims made about the Intellectual Property Office of Singapore (IPOS).

According to CNA, the Ministry of Law stated that Tan posted multiple false statements on Instagram between September 9 and 16, some of which were also shared on Aupen’s account.

“Tan’s posts not only have the effect of attracting publicity for himself and Aupen, but they also denigrate IPOS’s impartiality and neutrality, as well as the integrity of IPOS and its officers,” said a statement on the government’s fact-checking site, Factually.

The posts have since been removed, and Tan and Aupen are required to publish a correction with a link to the government’s clarification.

The falsehoods included claims that IPOS discouraged Tan from pursuing a trademark dispute with US retailer Target, citing a high chance of losing and alleging that Singapore’s trademark laws favour foreign businesses.

Other claims involved IPOS allegedly stating that legal reform was not possible, supporting foreign companies over local ones, and reversing its advice in a media statement dated September 11.

Factually stated that these claims could undermine public confidence in Singapore’s trademark regime and discourage local businesses from defending their intellectual property rights.

The article clarified that IPOS did not advise Tan against pursuing legal action or comment on his chances of success in any dispute.

It outlined a timeline showing that Target registered its “AUDEN” trademark in 2018, while Aupen registered “AUPEN” in Singapore in 2023, with no challenge filed against it locally.

On August 25, Aupen posted about Target’s relaunch of its “AUDEN” line and shared a letter from Target expressing concern over trademark confusion in the US.

Factually noted that trademark rights apply only within the country of registration and any dispute in the US would be handled there.

After seeing Aupen’s post, IPOS initiated a meeting on September 1 to offer support and provide general guidance.

During the meeting, Tan discussed the potential US trademark dispute and was advised that Aupen’s Singapore trademark remained valid.

Tan also asked about revoking Target’s trademarks in Singapore and was encouraged to seek independent legal advice.

IPOS did not provide legal advice or discourage Tan from taking action, maintaining its neutral role in such matters.

Tan raised concerns about foreign businesses registering trademarks in Singapore and asked about lobbying for legal reform.

IPOS responded that feedback could be submitted formally and that legislative changes take time.

Factually clarified that Singapore’s laws already prohibit bad faith trademark registrations.

IPOS is responsible for administering Singapore’s intellectual property systems and promoting their effective use.

Factually stated that IPOS operates a regime that is “robust, transparent and neutral.”

Singapore’s trademark laws do not differentiate between foreign and local businesses seeking protection.

IPOS actively supports local businesses through platforms like GoBusiness IP Grow and free consultations with IP strategists.

In trademark disputes, IPOS conducts hearings without intervening on behalf of any party.

IPOS also connects businesses with legal and IP management professionals to navigate challenges.

On September 11, IPOS issued a media statement addressing inaccuracies in Tan’s earlier posts.

The statement reiterated that IPOS did not advise against legal action or suggest Target’s registration aligned with investment policy.

Factually said Tan’s September 16 post implied IPOS had reversed its position, despite having already received legal advice.

IPOS maintains that it did not encourage or discourage any specific action regarding the potential dispute. 

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