知识产权控股公司: 如何在新加坡设立知识产权控股公司 /How to set up a Singapore intellectual property holding company

Singapore is a member of the Berne Convention which protects Copyright across member countries that are signatories to such treaty.  It is also a major hub for multi-national companies and as a national policy is focused on the protection of intellectual property rights for intellectual property rights owners.  Singapore is also a member of the World Intellectual Property Organisation and works with global IP academics to develop policies to protect the development/protection of intellectual property.

新加坡是Berne Convention (国际知识产权协议) 的签署国家而对于版权有相当的保护。新加坡也是国际的知识产权中心而国策利于保护知识产权。新加坡也是世界知识产权组织的成员之一而会跟国际研究人员设立保护知识产权的政策。

Before we explain how to set up a Singapore property holding company, it would be opportune to do a brief overview of the various intellectual property rights available for protection under in Singapore.


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知识产权控股公司 : A Brief Overview of Intellectual Property Law in Singapore: 新加坡知识产权法律的叙述

Copyright protects original creations which have been reduced to tangible form, such as writing, drawing or recording under the Copyright Act (Cap. 63).  This protection is automatic so a copyright owner does not need to apply for any registration or go through any special process.  But you should always keep detailed reports of the date that you created such works.

新加坡版权法律 (版权条规 63号)能保护创造者所做的写作,画图和记录。这种保护是制动的而创造者不需要登记或做特别的披露。但是,创造者必须收集创造作品的详细披露。

Trademark Law started from the days of business merchants in England which had a trademark outside their shop.  Then in Singapore, the system was improved to allow for registration of trademarks by category.  Thus, if you operate a business in Singapore, you can register your trademark for a few related categories.


A Patent is a right granted to an inventor to have the right to commercialise or exploit your invention.  Under the Patents Act (Cap. 221), patent registration can only be applied for patentable inventions so do check with your patent attorney whether you can make any application for registration.

专利权能让创造者有权利收到发明的金融利益。在新加坡权专利法律条规 (Cap 221), 创造者必须向Intellectual Property Office of Singapore (新加坡知识产权注测局)  注册相关的发明。

Trade secrets and other confidential information are not protected by any particular statute or by registration in Singapore but is protected under common law.  To prove that something is trade secret in court, you should mark such documents as confidential or secret, restrict access to the information in your company, include confidentiality obligations in your employee employment contracts. 

商业机密和其他营私的文件和质询通常不受条规保护但是收到新加坡法律的保护。若要在新加坡法庭打官司,您必须在任何有隐私的文件在文件上明确的写“隐私和保密”, 限制收到隐私文件接触的员工和在员工的雇用合同里写保密条款。

知识产权控股公司: Why setup a Singapore Company for Intellectual Property protection ?


Recognised Onshore tax jurisdiction: Unlike tax islands like the British Virgin Islands, Cayman Islands, Singapore is an onshore tax jurisdiction and signs many tax treaties with many of the global trading nations in the world so the large countries will not contest Singapore’s tax rates in respect of revenue taxed (arising from such intellectual property) in Singapore.  As a result, parking intellectual property in your Singapore entity is a wise choice for global intellectual property protection.

在岸税务管辖区: 新加坡跟英属维尔京群岛和开曼群岛不一样应为西家坡是个在岸税务国家。新加坡也跟许多国家签署国际税务协议所以很多国家会认同新加坡的税务政策。

Well known Legal System: Singapore has a well-developed legal system that protects intellectual property rights.  Its courts and arbitration centres have global reputations and are well known for being efficient in the hearing of cases.


Booking of offshore revenue: One common method that is used by global multinational companies is to park royalty profits in the Singapore company.  This is done by signing a licencing agreement between your Singapore Company and your main manufacturing company (which may be in a higher tax jurisdiction as compared to Singapore).  As part of a non-listed group, some owners may house this SG Company under a Singapore holding company which is owned by a Singapore trust so they are parking profits into this structure out of the hands of creditors of your onshore group.


How to set up a Singapore Company to hold your group’s intellectual property assets?


When registering patents, a Singapore company will need key employees that can be registered as the inventors of the relevant patents.  You should therefore house your research and development arm in Singapore and develop your intellectual property and registered design in Singapore. 


If your research and development team in Singapore is large enough, you can consider applying to the Economic Development Board and Enterprise Singapore to get necessary tax breaks/incentives and other benefits for your group.  Do speak to a corporate lawyer to see what tax breaks are applicable for you group.


In conclusion, setting up a Singapore company to hold your group’s intellectual property assets in an onshore jurisdiction like Singapore is a good idea both from an offshore global perspective and also from a protection of intellectual property rights point of view.  Singapore is the best place for you to site your global intellectual property holding company.


If you have any comments on our article, please leave a comment below.

https://www.SingaporeLegalPractice.com is a corporate law and commercial law education website headquartered in Singapore which aims to demystify business law and 新加坡商业法 for SME Company Owners, Startup Founders and 新加坡新移民老板。The information provided on this website does not constitute legal advice. Please go to our contact us page and contact us and we will arrange for a lawyer to speak to you.  Please obtain specific legal advice from a lawyer before taking any legal action.  Although we try our best to ensure the accuracy of the information on this website, you rely on it at your own risk.

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