Supreme Court Practice Directions 2021
  • Supreme Court Practice Directions 2021
  • Part 1: Introduction
  • Part 2: Registry, Administration and Finance
  • Part 3: Electronic Filing and Service
  • Part 4: Electronic Filing and Service for Criminal Proceedings
  • Part 5: Civil Proceedings that Do Not Use the Electronic Filing Service
  • Part 6: Amicable Resolution of Disputes for Civil Cases
  • Part 7: Case Conferences
  • Part 8: Originating Processes, Documents, and Service In or Out of Singapore
  • Part 9: Interlocutory Applications
  • Part 10: Evidence – Witnesses, Affidavits and Exhibits
  • Part 11: Conduct of Court Proceedings
  • Part 12: Judgments and Orders
  • Part 13: Civil Appeals before the General Division
  • Part 14: Proceedings before the Appellate Division, the Court of Appeal, the Court of 3 Supreme Court Judges under the Legal Profession Act 1966 and appeals to the General Division under the Medical Registration Act 1997
  • Part 15: Assessment of Costs Matters and Costs
  • Part 16: Enforcement of Judgments and Orders
  • Part 17: Admiralty Matters
  • Part 18: Matters Under The Legal Profession Act 1966
  • Part 19: Bankruptcy and Winding Up Matters
  • Part 20: Medical Negligence Claims
  • Part 21: Reference to Actuarial Tables in Personal Injury and Death Claims
  • Part 22: Other Matters Specific to Criminal Proceedings
  • Part 23: Simplified Process for certain Intellectual Property Claims
  • Part 24: Express Track for Actions in the General Division
  • Appendices
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  • 169. Application
  • 170. Proceedings under the Simplified Process
  • 171. Forms
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Part 23: Simplified Process for certain Intellectual Property Claims

  1. Application

  2. Proceedings under the Simplified Process

  3. Forms

169. Application

The directions contained in this Part apply to all proceedings to which the simplified process for certain intellectual property claims under Part 2 of the Supreme Court of Judicature (Intellectual Property) Rules 2022 (G.N. No. S 205/2022) (“SCJIPR”) (the “Simplified Process”) applies.

170. Proceedings under the Simplified Process

Election by Claimant for Part 2 of SCJIPR to apply

(1) A claimant who wishes to elect for Part 2 of the SCJIPR to apply to the claimant’s originating claim must, within 2 working days after the claimant’s originating claim has been filed and accepted by the Registry, comply with rule 5(1) of the SCJIPR.

(2) Where a claimant has elected for Part 2 of the SCJIPR to apply to the claimant’s originating claim, a defendant that makes a counterclaim must, within 2 working days after the filing of the defence and counterclaim:

(a) if the defendant agrees to the application of Part 2 of the SCJIPR:

(i) comply with rule 5(2)(a) of the SCJIPR; or

(ii) comply with rule 5(2)(b) of the SCJIPR without abandoning any claim for monetary relief in excess of $500,000; or

(b) if the defendant does not agree to the application of Part 2 of the SCJIPR - comply with rule 5(2)(c) of the SCJIPR.

(3) Where sub-paragraph (2)(a) applies, the Court will give directions to determine whether Part 2 of the SCJIPR should continue to apply to the case.

(4) Where sub-paragraph (2)(b) applies, the Court will give directions to the defendant to make an application under rule 5(4) of the SCJIPR for an order for Part 2 of the SCJIPR not to apply to the case.

(5) Where a claimant has elected for Part 2 of the SCJIPR to apply to the claimant’s originating claim, a defendant that does not make a counterclaim and does not agree to the application of Part 2 of the SCJIPR must, within 2 working days after the filing of the defence, make an application under rule 5(4) of the SCJIPR for an order for Part 2 of the SCJIPR not to apply to the case.

(6) A claimant who has not complied with sub-paragraph (1), and who wishes to make an application under rule 6(2) of the SCJIPR for an order for Part 2 of the SCJIPR to apply to the claimant’s originating claim, must make that application as soon as practicable. The claimant must, before making the application:

(a) comply with rule 6(3)(a) of the SCJIPR; or

(b) inform the Court by letter that rule 6(3)(c) of the SCJIPR applies, in that all parties agree to the application of Part 2 of the SCJIPR.

Application by Defendant for order for Part 2 of SCJIPR to apply to originating claim

(7) A defendant who wishes to make an application under rule 6(2) of the SCJIPR for an order for Part 2 of the SCJIPR to apply to a case must do so as soon as practicable. If the defendant is making a counterclaim, the defendant must, before making the application:

(a) comply with rule 6(3)(a) of the SCJIPR; or

(b) inform the Court by letter that rule 6(3)(c) of the SCJIPR applies, in that all parties agree to the application of Part 2 of the SCJIPR.

171. Forms

In accordance with the definition of “form” in rule 3 of the SCJIPR:

(a) for the purposes of rule 5(1)(a) of the SCJIPR, the relevant form for the form to elect for Part 2 of the SCJIPR to apply is Form I1 of Appendix I of these Practice Directions; and

(b) for the purposes of rules 4(2)(a), 5(1)(b) and (2)(a) and 6(3)(a) of the SCJIPR, the relevant form for the form to abandon any claim for monetary relief in excess of $500,000 is Form I2 of Appendix I of these Practice Directions.

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Last updated 10 months ago