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Singapore Enterprise Innovation Scheme (EIS): Tax Deduction for IP Registration Guide

Singapore Enterprise Innovation Scheme (EIS): Tax Deduction for IP Registration Guide

What is the Enterprise Innovation Scheme (EIS)?

What is EIS? The Enterprise Innovation Scheme (EIS) is a Singapore tax incentive scheme administered by the Inland Revenue Authority of Singapore (IRAS) to encourage businesses to invest in innovation and intellectual property (IP).

Enhanced Incentive: Save more when protecting your innovations and building your IP assets. Eligible businesses can claim enhanced tax deductions on qualifying IP registration costs incurred from Year of Assessment (YA) 2024 to YA 2028.

How Your Business Benefits

Up to 400% Tax Deduction: Claim up to 400% tax deduction on the first SGD 400,000 of qualifying IP registration expenditure incurred per Year of Assessment.

Standard 100% Tax Deduction: Qualifying expenditure exceeding the annual cap of SGD 400,000 continues to enjoy the standard 100% tax deduction.

Eligibility Requirements

Active Local Operations: The business must conduct active business operations in Singapore.

IP Ownership: The Singapore entity must hold both the legal and economic ownership of the intellectual property.

Minimum Ownership Period: Ownership of the registered IP (or pending application) should generally be retained for at least one year.

Covered IP Types & Qualifying Costs

Covered IP Types: The EIS covers official and professional fees for registering Patents, Trade Marks, Registered Designs, and Plant Varieties.

Qualifying IP Costs Covered:

  • Official Filing Fees, Search Fees, Examination Fees, and Registration & Grant Fees.
  • Professional Fees: IP Agent Fees, Specification Drafting, Application Preparation, Prior Art Searches, and Translation Costs.

Regardless of Application Outcome: Qualifying registration expenses may remain eligible for enhanced tax deductions even if the IP application is ultimately unsuccessful, subject to applicable IRAS requirements.

Summary Matrix

Category Key Details Applicability
Tax Deduction Rate Up to 400% for first SGD 400,000/YA; 100% for balance YA 2024 to YA 2028
Eligible IP Types Patents, Trade Marks, Registered Designs, Plant Varieties Global IP Registrations
Covered Expenses Official fees (Filing, Search, Grant) & Professional agent fees Qualifying Registration Costs
Core Criteria Active local operations in SG, legal & economic ownership, min 1 yr retention Singapore Entity

Note: This document is for informational purposes only and does not constitute formal legal or tax advice.

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Website Takedown & Counterfeit Evidence Preservation Guide

Website Takedown & Counterfeit Evidence Preservation Guide

Service Overview & Core Value

Core Tagline: WE TAKE DOWN. WE PRESERVE. WE PROTECT. WHAT'S YOURS.

Accolade IP assists brand owners in combating online IP infringement through strategic takedown operations, controlled test purchases, robust evidence preservation, and notarized legal documentation.

Our end-to-end enforcement process significantly strengthens your legal standing by securing reliable, court-admissible evidence and supporting decisive legal actions against infringers across multiple jurisdictions.

End-to-End Enforcement & Evidence Preservation Service

  1. DETECT: Identify infringing websites, unauthorized online sellers, social media accounts, and illicit counterfeit product listings across global digital platforms.
  2. REMOVE: Take swift and decisive takedown actions to remove infringing content from websites, e-commerce marketplaces, online trading platforms, and social media channels.
  3. PURCHASE (China / Philippines): Conduct controlled, legally sound test purchases of suspected counterfeit products to capture direct proof of transaction and physical evidence.
  4. PRESERVE: Securely preserve purchased physical counterfeit items and digital metadata/records to strictly maintain evidence integrity and an unbroken chain of custody.
  5. ENFORCE (China / Philippines): Prepare notarized records and comprehensive evidence packages suitable for civil litigation, administrative customs actions, and official legal enforcement proceedings.

Key Benefits & Advantages

Core Promise: STRONGER EVIDENCE. STRONGER CASE. STRONGER BRAND.

  • Court-admissible evidence:
  • Supports full-scale litigation, administrative enforcement, customs border protection, and UDRP domain name dispute proceedings.
  • Preserves both physical product sample and digital electronic evidence.
  • Maintains an unbroken and fully documented legal chain of custody.

Global Reach & Local Expertise: Combining seamless international protection capabilities with localized legal enforcement expertise across key Asian markets.

Summary Matrix

Stage Action Description Target Area
01. Detect Identify infringing sites, sellers & counterfeit listings Global Digital Platforms
02. Remove Takedown requests across e-commerce & social media Websites & Social Media
03. Purchase Controlled test purchases for physical/digital evidence China & Philippines
04. Preserve Secure physical items & metadata, maintain chain of custody Secure Evidence Storage
05. Enforce Notarized record preparation for litigation & customs China & Philippines

 

Note: This article is for informational purposes only and does not constitute formal legal advice.

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Guide to Understanding Certification Marks in Hong Kong SAR

Guide to Understanding Certification Marks in Hong Kong SAR

What is a Certification Mark?

A certification mark is a specialized category of trademark used to guarantee that a product or service meets specific defined standards.

It certifies key attributes including:

  • Origin: e.g., made in Scotland.
  • Materials or Ingredients: e.g., whisky made exclusively from malted barley.
  • Manufacturing Process: e.g., distilled and matured strictly according to legal regulations.
  • Quality or Performance: e.g., meeting minimum aging and maturation standards.
  • Other Characteristics: Any other quality standards approved by the certifying authority.

Who Can Apply?

Only qualified entities that meet strict regulatory requirements can apply for a certification mark:

  • Do not trade in or supply the goods or services they are certifying.
  • Possess adequate expertise and resources to certify products consistently.
  • Have established reputation or standing in the relevant industry.

Example Candidate: Scotch Whisky Association (SWA) — An industry association representing Scotch whisky producers worldwide.

Non-candidates (Ineligible Entities): Entities that trade in or profit directly from the certified goods cannot apply, including individual producers/distilleries, brand owners certifying only their own products, distributors, importers, retailers, or companies with a direct commercial interest.

Core Principle: Certification marks must remain strictly independent and free from any conflicts of interest.

How to Register a Certification Mark in Hong Kong SAR

  1. Prepare Regulations for Use: Define detailed standards, conditions, and rules for using the mark. These regulations must be filed with the Trade Mark Registry within 9 months of application.
  2. Submit a Declaration of Competency: Provide verifiable evidence that the applicant can reliably certify the goods/services, showing technical expertise, resources, and oversight mechanisms.
  3. Application Review: The Registry examines both the regulations and competency declaration. This process may take 20+ months due to legal examination requirements.
  4. Supervision and Control: The applicant must actively monitor the mark's use to ensure all certified products strictly comply with rules (e.g., SWA ensures only whisky distilled in Scotland under strict laws bears the 'SCOTCH WHISKY' mark).

Benefits of a Certification Mark

  • For Consumers: Gives immediate confidence in product authenticity, geographic origin, and quality.
  • For Brand Owners & Associations: Provides robust legal grounds to take direct enforcement action against unauthorized or counterfeit use.

Case Example: Before registration, SWA had to rely on 'passing off' common law actions, which were costly, complex, and slow. After registration, SWA can enforce rights directly using the registered certification mark.

Official Registration Costs

Item Official Fee (HKD)
First Class HKD 8,800
Per Additional Class HKD 1,800
Note: This article is for informational purposes only and does not constitute legal advice.

 

Trademark Ownership After Company Dissolution – Hong Kong vs Singapore

Safeguarding Intellectual Property: Trademark Ownership After Company Dissolution in Hong Kong vs. Singapore

When a business winds down or is struck off the registry, intellectual property (IP) is frequently overlooked. While physical inventory, bank accounts, and real estate are carefully liquidated or distributed, valuable intangible assets like registered trademarks are often forgotten. Under the corporate laws of both Hong Kong and Singapore, once a company is formally dissolved, any remaining undistributed assets—including trademark rights—may become unclaimed property, legally termed bona vacantia, and automatically vest in the government. This means your brand, logo, and the goodwill attached to them could suddenly belong to the state, frozen from commercial use.

 

LEGAL FRAMEWORK & OWNERSHIP TRANSITION

In both jurisdictions, intellectual property is strictly classified as property that forms part of an insolvency or dissolution estate. In Hong Kong, registered trademarks are recognized as intangible property under the Trade Marks Ordinance (Cap. 559). Upon dissolution, these assets vest in the HKSAR Government as bona vacantia, managed by the Government Property Agency (GPA). Similarly, Singapore treats trademarks as personal property under the Trade Marks Act 1998. Upon a company's dissolution, these assets vest in the Singapore Government as bona vacantia, with the Ministry of Finance (MOF) – Insolvency Office acting as the relevant authority. Under either government's ownership, the trademark becomes commercialized deadwood—frozen and legally unusable by the original founders, affiliates, or third parties unless recovered through formal, complex channels.

 

COMPARATIVE ANALYSIS: HONG KONG VS. SINGAPORE

While both regions follow a similar common-law approach to unclaimed property, the exact pathways to recovery, statutory provisions, and administrative bodies differ. The table below outlines these crucial operational and legal distinctions:

 

STRATEGIC RECOMMENDATIONS

Relying on post-dissolution recovery is a high-risk strategy. Government bodies exercise strict, discretionary oversight over bona vacantia claims. The process is lengthy, expensive, and legally uncertain. To avoid losing your hard-earned brand equity, Accolade IP recommends taking proactive measures before any dissolution procedures begin:

 

Essential Checklist Before Dissolution

Conduct a Comprehensive IP Audit: Identify all registered trademarks, patents, designs, and pending applications owned by the company slated for dissolution. Execute Trademark Assignments: Draft and legally execute assignment documents transferring ownership to a parent company, sister company, individual founder, or a trust.

Record the Transfer: Promptly file the appropriate recorded forms with the respective IP registries—Form T6 with the Hong Kong IPD, or Form CM6 with IPOS in Singapore.

AIP_ SEA Countries First-to-File Rule

Protect Your Brand in Southeast Asia: First-to-File Determines Who Owns the Rights

Protect Your Brand in Southeast Asia: First-to-File Determines Who Owns the Rights

What is the First-to-File Rule?

In many Southeast Asian countries, trademark rights go to the first person to register, even if someone else has been using the brand longer.

Act early—protect what’s yours!

Early registration safeguards your brand against copycats, legal disputes, and missed business opportunities.

Why First-to-File Matters:

  • Protects your brand before competitors
  • Stops unauthorized use by copycats
  • Strengthens your legal enforcement rights
  • Increases the value of your business
  • Makes international expansion smoother
First-to-File Countries in South East Asia (SEA): Country First-to-File? Key Notes
Brunei Yes First-to-file principle enforced strictly
Cambodia Yes Registration secures exclusive rights
Indonesia Yes Limited protection for unregistered marks
Laos Yes Legal rights granted mainly to registrant
Malaysia Yes Registration required for full protection
Myanmar Yes Registration is key for protection
Philippines Yes Rights mainly from registration, not prior use
Singapore Yes Fast processing, strong legal enforcement
Thailand Yes Registration dominates disputes
Vietnam Yes Early registration essential for enforcement

 Benefits of Registering Your Brand First:

  • Exclusive Ownership – Only you can use your trademark legally.
  • Business Asset – Trademark registration increases your brand’s value.
  • Legal Advantage – Easier to stop infringement and copycats.
  • Peace of Mind – Avoid disputes over who used it first.
  • Regional Expansion – Registration makes entering SEA markets smoother.

 

Take Action Today! Secure your brand before someone else does.

Register across Southeast Asia and safeguard your business, your reputation, and your future growth.

Note: This leaflet is for informational purposes only and does not constitute legal advice