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Andy Leck

Andy Leck is the head of the Intellectual Property and Technology (IPTech) Practice Group and a member of the Dispute Resolution Practice Group in Singapore. He is a core member of Baker McKenzie's regional IP practice and also leads the Myanmar IP Practice Group. Andy is recognised by reputable global industry and legal publications as a leader in his field. He was named on "The A-List: Singapore's Top 100 lawyers" by Asia Business Law Journal 2018. In addition, Chambers Asia Pacific notes that Andy is "a well-known IP practitioner who is highlighted for his record of handling major trade mark litigation, as well as commercial exploitation of IP rights in the media and technology sectors. He's been in the industry for a long time and has always been held in high regard. He is known to be very fair and is someone you would like to be in the trenches with you during negotiations." Furthermore, Asian Legal Business acknowledges Andy as a leading practitioner in his field and notes that he “always gives good, quick advice, [is] client-focused and has strong technical knowledge for his areas of practice.” Andy was appointed by the Intellectual Property Office of Singapore (IPOS) as an IP Adjudicator to hear disputes at IPOS for a two-year term from April 2021. He has been an appointed member of the Singapore Copyright Tribunal since May 2010 and a mediator with the WIPO Arbitration and Mediation Center. He is also appointed as a Notary Public & Commissioner for Oaths in Singapore. He previously served on the International Trademark Association’s Board of Directors and was a member of the executive committee.

The Singapore Parliament has passed the Cybersecurity (Amendment) Bill (“Bill”) amending the Cybersecurity Act 2018 (“Act”). The Act, which formerly only regulated Critical Information Infrastructure (CII), has been expanded significantly to cover a wider range of entities. Reporting obligations have been expanded. Finally, the penalty regime has also been revised, and the Cybersecurity Agency of Singapore may now issue civil penalties in place of criminal penalties, with the maximum quantum of penalties significantly increased to up to 10% of the annual turnover of the entity in Singapore.

The Health Sciences Authority (HSA) adopts different forensic classifications, with varying degrees of access controls, for therapeutic products in Singapore. In May 2024, the HSA issued an update on the reclassification of certain medicines, which would consequently affect the level of access controls that are required. Companies engaging in the distribution or sale of such reclassified medicines in Singapore should ensure that their distribution and sale processes account for the different levels of restrictions that would apply following this reclassification of medicines.

On 2 April 2024, the Cyber Security Agency of Singapore issued its closing note to the Public Consultation on the Cybersecurity (Amendment) Bill (“Bill”). The Public Consultation on the draft Bill was held from 15 December 2023 to 15 January 2024. The CSA First Reading of the Bill took place on 3 April 2024. The Second Reading of the Bill is slated to take place on 7 May 2024.

The Personal Data Protection Commission (PDPC) has issued the finalized Advisory Guidelines on the Use of Personal Data in AI Recommendation and Decision Systems (“Guidelines”). These Guidelines provide guidance on the use of personal data during three stages of AI system implementation: development, deployment (business-to-consumers) and procurement (business-to-business). In particular, the Guidelines clarify and elaborate on the application of the Consent Obligation and Notification Obligation, and their exceptions, under the Personal Data Protection Act (PDPA) to the use of personal data in AI systems.

The Competition and Consumer Commission of Singapore commenced an investigation under the Consumer Protection (Fair Trading) Act 2003 (CPFTA) against a water filtration system supplier (“Supplier”) for unfair practices between September 2021 and November 2023.
The Supplier was found to be making false claims about its sales kit, misleading promotion listings, and misleading claims on the health benefits of alkaline or filtered water, from its website and social media pages.

The Ministry of Communications and Information has announced that the inter-agency Taskforce on the Resilience and Security of Digital Infrastructure and Services is studying the introduction of a Digital Infrastructure Act (DIA). The DIA builds on the Cybersecurity Act and aims to enhance the resilience and security of the digital infrastructure in Singapore. The scope of the DIA goes beyond cybersecurity and touches on other risks that may affect resilience.

The Health Sciences Authority is conducting a public consultation from 1 to 31 March 2024 on the proposed amendments to the Health Products (Therapeutic Products) Regulations 2016 on patent declaration.
The proposed amendments are intended to provide clarity to stakeholders on the types of patents that must be considered when making an application for registration of a therapeutic product, and for which the patent declaration regulations apply; and to minimize potential indiscriminate use of the patent declaration mechanism.