SINGAPORE: An Introduction to Intellectual Property: Domestic: Litigation
Overview
Singapore is well positioned as a global intellectual property (IP) hub. In 2013, the Singapore government announced the IP Hub Master Plan, which aimed to capture opportunities presented by increasing international IP activities to drive business and economic growth in Singapore. In April 2021, the IP Hub Master Plan was renewed as the Singapore IP Strategy 2030, a ten-year blueprint to strengthen Singapore’s position as a global IP hub as well as maintain Singapore’s position as a top-ranked IP regime.
These concerted efforts have paid dividends. Over the past decade, Singapore has grown from strength to strength on the IP front, and the volume of IP filings and registrations handled by the Intellectual Property Office of Singapore has increased steadily. With increased IP filings and registrations in Singapore, the amount of IP litigation conducted in Singapore has naturally also begun to climb.
This overview highlights a number of key trends in Singapore IP litigation that are likely to play out over the course of 2024 and beyond.
Market Outlook
There have recently been signs of an expected downturn in economies around the world. Based on past experience, an economic slump is often accompanied by an increase in the amount of litigation being commenced and pursued in Singapore, as corporations jostle to survive by protecting their rights and seeking recovery.
IP litigation is no exception. There is likely to be an increase in parties seeking to protect their markets via robust IP filing and enforcement. Similarly, parties are more likely to commence litigation to seek compensation for infringement of IP rights.
Since late 2023, we have already observed a marked rise in the amount of patent litigation being commenced in Singapore. Recently, Drew & Napier LLC has been handling a wide range of new patent litigation matters, ranging from disputes involving local businesses to multi-jurisdictional disputes that are part of broader global patent litigation between MNCs.
Apart from patent litigation matters, a similar upward trend in litigation is also to be expected for other forms of IP. This is expected to continue well into 2024, especially given Singapore’s position as a hub for IP registration and the high level of trust in Singapore’s first-rate judicial system and IP enforcement regime.
Simplified Process for Certain IP Claims
As part of the process to make Singapore more IP friendly and allow IP enforcement to be more accessible, in April 2022, the Supreme Court of Judicature (Intellectual Property) Rules 2022 introduced a simplified optional track for IP litigation known as the Simplified Process for Certain Intellectual Property Claims (the “Simplified Process”). The aim of the Simplified Process is to resolve IP disputes in a swifter and more cost-efficient manner and provide increased access to justice.
The Simplified Process is only available for certain types of IP claims, where (i) the monetary relief claimed by each party in the action does not or is not likely to exceed SGD500,000; (ii) where all the parties agree to the application of the Simplified Process; or (iii) where the case is otherwise suitable for the Simplified Process, having regard to various matters such as whether a party can only afford to bring or defend the claim under the Simplified Process, the complexity of the issues raised, whether the estimated length of trial is likely to exceed two days, and any other relevant matters.
Over the past year and a half, the IP community in Singapore has been gradually warming to the Simplified Process. In May 2023, the General Division of the High Court issued its judgment in Tiger Pictures Entertainment Ltd v Encore Films Pte Ltd [2023] SGHC 138 (“Tiger v Encore”), which was the first case to use the Simplified Process. After considering the relevant factors, the Court found that this was a suitable case for the Simplified Process. In so finding, the Court in Tiger v Encore took the view that it should play an active role in identifying and moving suitable cases under the Simplified Process, and warned that “parties should not be allowed to hold the courts hostage by insisting on dragging a relatively simple matter through the normal route”.
In view of the above, it is expected that there will be an increase in the volume of IP litigation conducted under the Simplified Process in 2024. An additional option for increasing the efficiency of IP litigation in Singapore is always a welcome development, and parties involved in IP litigation in Singapore should carefully consider whether their matters are suitable for the Simplified Process.
New Frontiers
As technology continues to advance at lightning pace, IP law (and IP practitioners) must similarly evolve and keep pace. As it takes time for the law to adapt to never-before-seen technologies, grey areas will inevitably form, which will in turn likely result in increased litigation.
Recent developments in technology have raised (and will continue to raise) fascinating questions relating to IP law worldwide. For example, artificial intelligence is challenging traditional notions of authorship in copyright law and “inventorship” in patent law, while machine learning is testing the legal principles governing fair use and infringement. Similarly, the increasing prevalence of virtual reality raises a range of legal issues regarding the ownership of virtual assets, infringement of virtual rights, and jurisdiction.
These novel issues have already arisen for consideration in a number of foreign jurisdictions. Given Singapore’s position as a global IP hub, similar issues will likely be raised sooner rather than later in litigation before the Singapore Court. This is an exciting opportunity for the IP community in Singapore to shape new law for years to come, and it is crucial for IP practitioners in Singapore to stay abreast of the latest technological developments.