New Singapore Court Processes for Intellectual Property Disputes
On April 1, 2022, the new Supreme Court of Judicature (Intellectual Property) Rules 2022 (“Rules”) went into force. The amended Rules provide a new track for intellectual property (“IP”) disputes. The “Simplified Process for Certain Intellectual Property Claims” is the name of this new optional track (“Simplified Process”). The optional track plans to create a more efficient and cost-effective dispute settlement system in Singapore, particularly for individuals and small and medium-sized enterprises (SMEs).
New Intellectual Property Disputes Court Procedures Legislation
Originating claims are appropriate for the Simplified Process if and only if the following requirements are fulfilled:
1. there is a dispute over an intellectual property right;
2. each party’s claimed monetary relief does not exceed or is unlikely to exceed S$500,000, or all parties agree to use the Simplified Process; and
3. the case is otherwise appropriate for the Simplified Process, taking into account criteria such as whether a party can only afford to initiate or defend the claim through the Simplified Process, the complexity of the issues, and the likelihood that the trial will last more than two days.
According to Section 4 of the draft revised Rules, claims are appropriate for the fast track where the monetary remedy does not exceed or is unlikely to exceed $500,000, or when all parties agree to go through the fast track. Alternatively, the claimant may choose to proceed through the fast track under Section 5. The court will consider these factors in Section 4(c) to assess whether the case is appropriate for the fast track: whether a party can only afford to bring or defend a claim under the fast track, the complexity of the issues, and whether the approximate length of trial is likely to exceed two days.
The trial is limited to two hearing days under the fast-track option. According to Section 8(6), the court may order that the matter be taken from the fast track if it believes that it is not conceivable or practical to conduct the trial within two days.
The new Rules, in addition to creating the new optional track, condense the Rules of Court into a single piece of law. The new Rules impose requirements on the Registrar of Designs, Geographical Indications, Patents, and Trade Marks of the Intellectual Property Office of Singapore to inform the Registrar of Designs, Geographical Indications, Patents, and Trade Marks of certain IP actions before the Supreme Court. The revised Rules also unify related requirements across other intellectual property rights.
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