Law Ministry seeks public feedback on reforms to intellectual property dispute resolution system

The Law Ministry said the Fast Track option is meant for disputes which involve a lower value or where parties prefer to further speed up the conduct of their cases.
The Law Ministry said the Fast Track option is meant for disputes which involve a lower value or where parties prefer to further speed up the conduct of their cases.PHOTO: SCREENGRAB FROM MLAW.GOV.SG

SINGAPORE - Civil intellectual property (IP) disputes could be consolidated in the High Court under new proposals by the Law Ministry, which is also calling for a Fast Track regime for IP litigation.

IP disputes are currently heard in the High Court, State Courts and the Intellectual Property Office of Singapore (IPOS), depending on the nature of the IP right, the type of proceeding and the value of the claim.

"Placing most of the IP cases in the High Court simplifies and makes clearer to users what the appropriate forum is," said MinLaw in launching a public consultation on Friday (Oct 26) for the proposed reforms to the intellectual property dispute resolution system.

The public consultation will run from Oct 26 to Nov 30 this year.

MinLaw said the Fast Track option is meant for disputes which involve a lower value or where parties prefer to further speed up the conduct of their cases.

It may be suitable for less well-resourced parties, such as individuals and small and medium-sized enterprises (SMEs), that may otherwise be unable to enforce their IP rights or defend themselves in litigation.

Fast Track trials will involve a two-day hearing cap, a $500,000 ceiling on the claim value, and discretion for the court in key matters in relation to the conduct of the case.

 

Parties can also opt to have their case heard in the same manner as other types of civil disputes instead of the Fast Track .

The proposed reforms are based on the recommendations of the IP Dispute Resolution Committee, which was formed in 2015 to review the IP dispute resolution system in Singapore.

The review is aimed at enhancing access to the Republic's IP dispute resolution system, particularly for individuals and SMEs, and to position Singapore as a choice venue for IP dispute resolution in Asia.

The proposals also take into account the recommendations of the Civil Justice Commission and Civil Justice Review Committee on the civil justice system.

The recommendations include implementing a default case management track with streamlined procedures and enhancing judicial control over certain matters, such as the number of factual witnesses.

MinLaw said: "A time- and cost-effective system of IP dispute resolution is important for rights holders to effectively safeguard their intellectual creations, ensuring that incentives to innovate and create new works for the benefit of society remain.

"It also assures potential defendants that they can effectively and efficiently resolve disputes.

"This supports Singapore's aim of being a knowledge- and innovation-driven economy."

The public consultation paper, together with the report of the IPDR Committee, can be found at www.mlaw.gov.sg/content/minlaw/en/news/public-consultations.html

All comments and feedback should be titled "IPDR public consultation comments" and submitted by Nov 30, 2018, via post.

They can also be sent in by e-mail.

The addresses are:

Intellectual Property Policy Division

Ministry of Law

100 High Street

#08-02 The Treasury

Singapore 179434

E-mail: MLAW_Consultation@mlaw.gov.sg