The new Supreme Court of Judicature (Intellectual Property) Rules 2022 ("Rules") came into effect on 1 April 2022. The new Rules provide a new optional track for intellectual property ("IP") litigation. This new optional track is referred to as the "Simplified Process for Certain Intellectual Property Claims" ("Simplified Process"). The optional track aims to provide a quicker and more cost-effective dispute resolution system in Singapore, particularly for individuals and SMEs.
Originating claims are suitable under the Simplified Process if:
a. the dispute involves an intellectual property right;
b. the claimed monetary relief by each party does not or is not likely to exceed S$500,000, or all parties agree to the application of the Simplified Process; and
c. the case is otherwise suitable for the Simplified Process, having regard to factors that include whether a party can only afford to bring or defend the claim under the Simplified Process, the complexity of the issues, and whether the trial is likely to exceed two days.
Besides introducing the new optional track, the new Rules also consolidate the Rules of Court into a single piece of legislation. The new Rules introduce obligations to notify the Registrar of Designs, Geographical Indications, Patents and Trade Marks under the Intellectual Property Office of Singapore of certain IP proceedings in the Supreme Court. The new Rules also harmonise related provisions across the different IP rights.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
