This section discusses the legal aspect of ICT at the country level. While Singapore has been a leader in ICT production, for many years its piracy rates were one of the highest in the world. Though pressure from the international community has forced Singapore to strengthen laws protecting intellectual property, the piracy rates are still double that of the United States . The other legal aspect examined in this section is Singapore 's somewhat strict censorship laws.
Intellectual property (IP) protection has improved significantly since the late 1990s, leading to Singapore 's removal from the U.S. Special 301 Watch List in April 2001. The U.S.-Singapore FTA ensures that government approval agencies will not grant approval to patent-violating products.[41] In line with its U.S.-Singapore FTA commitments; amendments to the Trademarks Act, the Patents Act, a new Plant Varieties Protection Act, and a new Manufacture of Optical Discs Act came into effect in July 2004. Amended Copyright and Broadcasting Acts came into effect in January 2005. After full implementation, Singapore 's new and amended IP laws have helped alleviate ongoing problems related to the availability of pirated optical discs, use of unlicensed software by businesses, and the transshipment of pirated material through Singapore . Singapore is a member of the WTO and a party to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). It is a signatory to three other international copyright agreements: the Paris Convention, the Patent Cooperation Treaty and the Budapest Treaty. In September 2002, Singapore set up a specialized court ( IP Court ), which comes under the Singapore Supreme Court, to deal with IP disputes.
Local law enforcement agencies work closely with content providers to shut down any sites advertising infringing articles for sale. Law enforcement efforts have contributed to a sharp reduction in the production of pirated material. In 2004, the Singapore Police seized nearly US$8 million worth of counterfeit and pirated goods.[42]
In accordance with the U.S.-Singapore FTA, Singapore 's amended Copyright Act provides greater protection for digital works, and outlines requirements and procedures for removing infringing material from Internet sites. Singapore 's music piracy rate averages 10 – 24%; and for movies, the piracy rate is about 15%. Despite tighter enforcement measures, pirated optical discs and counterfeit goods continue to be available from vendors in some street markets and pubic other high pedestrian areas.[43]
The software piracy rate in Singapore , while among the lowest in Asia , is almost double the level in the U.S at 42%. [44] Many businesses use unlicensed software, resulting in estimated losses by the business software industry of over $90 million in 2003.
Over the past three years, a number of local educational institutions (mostly public) have signed agreements to comply with legal obligations to pay royalty fees to publishers in exchange for the right to duplicate copyrighted printed works for use in course materials. Some commercial copy centers, however, continue to routinely take orders to copy entire textbooks. While some raids have been conducted, their effectiveness is limited.[45]
Another intersting legal aspect of ICT is censorship. The Singapore Broadcasting Authority (SBA) has regulated Internet content since July 1996. The SBA has the power to impose sanctions, including fines, on people who post prohibited material online.
"Prohibited Material" is defined in the Code of Practice to involve material deemed objectionable on the grounds of public interest, public morality, public order, public security, national harmony, or is otherwise prohibited by applicable Singapore laws. Prohibitated materials include pornography, homosexuality, descrpitions of acts of extreme violence or cruelty, and material that incites or endorses ethnic, racial or religious hatred.[46]
While the Singaporean government has passed numerous legislation to curb piracy and copyright violations, there is more work to be done. Without proper protection for intellectual property, there is no incentive for innovation. Singapore will risk jeapordizing its strong ICT policies if it does not work harder to stop piracy. It is interesting to see that while Singapore struggles with intellectual property protection, it has developed strict censorship policies. The censorship laws show the government's strong desire to uphold their idea of morality and ethics on the Internet.
[41] US Department of State: Singapore
[42] US Department of State: Singapore
[43] US Department of State: Singapore
[44] Global Software News