Designated Representative
NSPs provide Internet access services and facilities for communication across networks, as well as for storage. As such, they are the repository and access point for a high volume of copyright content. Recognising the need to limit the liability of NSPs for infringement committed by their users, the Copyright Act 2021 provides NSPs with limited legal liability in infringement suits, subject to the NSP meeting certain conditions. Where the infringement relates to the storage of materials on an NSP’s network or linking users to materials made available on the Internet, one of these conditions is that the NSP must designate a representative to receive any notice of infringement served by rights owners.
NSPs must notify IPOS of their designated representatives and the prescribed information, which must be listed in the NSPeRegister maintained by IPOS.
To notify IPOS of the designated representative, please complete Form 1 below and submit it via our e-services portal, IPOS Digital Hub. Under the Forms tab of IPOS Digital Hub, search ‘NSP’ and submit under ‘Form 1 – Designation of representative to receive take-down notices’ an attachment of the completed form. An administrative fee of $32 will apply.
If the IPOS Digital Hub is unavailable for use or if you encounter technical difficulties in the process, please click here to submit Form 1 via FormSG and include, as an attachment, screenshot(s) proving that IPOS Digital Hub is unavailable or of the technical difficulties. We will not process any FormSG submissions that are made while IPOS Digital Hub is available or without the appropriate proof.
For any queries relating to the submission of NSP forms, you may contact us via email at ipos_enquiry@ipos.gov.sg (attention to NSP Secretariat) or contact us at our Customer Enquiry Hotline (65) 6339 8616.
Please note that Form 1 should be used only for the above-mentioned purpose. We will not process submissions that use Form 1 for any other purpose.
Take-Down Notice and Restoration Notice
If a rights owner alleges that an infringing copy of their content is available on an NSP’s network, they may serve a take-down notice on the NSP through its designated representative using Form 2. This take-down notice requires the NSP to remove or disable access to the allegedly infringing electronic copy, failing which the NSP will not be able to benefit from the limited liability for infringement.
A person who believes that an NSP has mistakenly removed or disabled access to an electronic copy that was made available by that person may serve a restoration notice on the NSP to restore access to the electronic copy using Form 3.
Applications for Access Disabling Orders
Section 325 of the Copyright Act 2021 allows a rights owner to apply for a court order for a Network Connection Provider (NCP) to take reasonable steps to disable access to a flagrantly infringing online location.
A rights owner that intends to make this application must use Form 4 to give notice to the owner of the online location that the location has been or is being used to commit or facilitate rights infringement, and the owner must stop access within a prescribed time.
Before making the application, the rights owner must also use Form 5 to give notice to the NCP of the rights owner’s intention to apply for an access disabling order.