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Singapore – Intellectual Property Court Guide Issued By The Supreme Court.

31 October, 2013

 

Legal News & Analysis – Asia Pacific – Singapore – Intellectual Property

 

The Singapore Supreme Court issued the Intellectual Property Court Guide (“IP Court Guide”) on 6 September 2013.


The IP Court Guide serves to encapsulate the IP Court’s case management features and specialist practices. It supplements the Rules of Court (Cap. 322, R 5, 2006 Rev Ed) and the Supreme Court Practice Directions, and it applies to all cases coming under the IP Court with effect from 6 September 2013.


The following are interesting IP case management features set out within the IP Court Guide.


Hearings by an IP Judge:

 

  • An IP Judge will be assigned to hear all interlocutory appeals, Milestone Pre-Trial Conference (“PTCs“) and the trial on liability.
  • Parties may by consent request for an IP Judge to hear specific interlocutory matters.
  • Where parties indicate that they are very likely to appeal any order made by the assistant registrar, the interlocutory application may be fixed before the IP Judge.
  • Interlocutory applications which concern issues relating to the conduct of the trial, including an application for the bifurcation of the trial on liability from the assessment of damages or accounting of profits inquiry, will be determined by the IP Judge.

 

Inquiry For Assessment Of Damages Or Account Of Profits:

 

  • Parties may be directed to file pleadings for the assessment of damages or accounting of profits inquiry after an election has been made subsequent to a finding of liability at trial.
  • Where the claim is S$500,000 or above, the assessment of damages or accounting of profits inquiry will be heard by the IP Judge unless otherwise directed by the IP Judge.
 

Milestone PTCs:

 

  • Milestone PTCs (also referred to as “JPTCs”) will be conducted by the IP Judge assigned to the case. Lead counsels must personally attend all Milestone PTCs.
  • The First Milestone PTC will be scheduled after the completion of discovery and before the exchange of AEICs. At the First Milestone PTC, the lead counsel will have to be ready to address the IP Judge on issues such as: the preparation of agreed bundle of documents before the exchange of Affidavits-of-Evidence-in-Chief (“AEICs”), time lines for exchange of AEICs, treatment of confidential documents, available dates of factual and expert witnesses to attend at trial; necessity for and appointment of assessors and/or amici curiae to assist the IP Judge.
  • The Second Milestone PTC will be scheduled after exchange of AEICs, and before set down. Two weeks before the Second Milestone PTC, the lead counsel has to file a list of issues for trial. Where there is expert evidence, a separate list of expert issues has to be prepared and filed. At the Second Milestone PTC, the lead counsel will have to be ready to address the IP Judge on issues such as the appropriateness of taking of concurrent evidence of expert witnesses and the necessary courtroom facilities required for trial.

 

ATMD Bird & Bird

 

For further information, please contact:

 

Joyce Ang, Partner, Bird & Bird
[email protected]

 

ATMD Bird & Bird Intellectual Property Practice Profile

 

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