> For the complete documentation index, see [llms.txt](https://epd2021-supremecourt.judiciary.gov.sg/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://epd2021-supremecourt.judiciary.gov.sg/part-23-simplified-process-for-certain-intellectual-property-claims.md).

# Part 23: Simplified Process for certain Intellectual Property Claims

> 169.   Application
> 170.   Proceedings under the Simplified Process
> 171.  Forms

### 169. Application <a href="#id-169-application" id="id-169-application"></a>

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 <a href="#id-170-proceedings-under-the-simplified-process" id="id-170-proceedings-under-the-simplified-process"></a>

***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 <a href="#id-171-forms" id="id-171-forms"></a>

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.