(ip) hub master plan - Ministry of Law
(ip) hub master plan - Ministry of Law
(ip) hub master plan - Ministry of Law
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Singapore established a specialist IP court within the High Court, in recognition that<br />
IP cases can be highly complex and technical in nature, and that the Judges<br />
handling such cases need to be familiar with the area <strong>of</strong> IP law. There are currently<br />
four designated IP Judges, namely Justice Tan Lee Meng, Justice Tay Yong Kwang,<br />
Justice Lee Seiu Kin and Justice Chan Seng Onn, each with substantial expertise and<br />
experience in handling IP cases 38 .<br />
5.2.3. The IP Court has also adopted tailored processes to facilitate the resolution <strong>of</strong> IP<br />
cases, with the key features summarised in Table 5.1. below. A semi-docket system<br />
for IP cases was introduced in 2011 to allow for specialised management <strong>of</strong> IP<br />
cases. All IP cases are managed by a designated Senior Assistant Registrar who<br />
conducts all pre-trial conferences and hears all summonses for directions<br />
applications. A designated Assistant Registrar is also assigned to each IP case, and<br />
will hear and decide on all interlocutory applications, and conduct inquiries for<br />
post-trial assessment <strong>of</strong> damages or accounting <strong>of</strong> pr<strong>of</strong>its. Such continuity allows<br />
the Senior Assistant Registrar and Assistant Registrar to be familiar with their<br />
assigned IP cases, thus enabling significant time savings during proceedings.<br />
Table 5.1.: Key features <strong>of</strong> Singapore’s IP Court.<br />
Pre-trial case management Post-trial case management<br />
Progress <strong>of</strong> IP cases separately<br />
managed and tracked.<br />
More time allocated for pre-trial<br />
conferences <strong>of</strong> IP cases to deal with<br />
issues unique to IP cases. 39<br />
Specific Senior Assistant Registrar /<br />
Assistant Registrar with IP<br />
experience and expertise or training<br />
assigned to each case for continuity.<br />
Interlocutory appeals and trials on<br />
liability are heard before designated<br />
IP Judges (subject to availability).<br />
49<br />
IP cases managed separately with<br />
more time allocated for post-trial<br />
conferences.<br />
Limited post-trial discovery.<br />
Tailored procedure for assessment <strong>of</strong><br />
damages.<br />
Tailored procedure for accounting <strong>of</strong><br />
pr<strong>of</strong>its.<br />
5.2.4. The Committee has observed that the awareness <strong>of</strong> the establishment <strong>of</strong> the IP<br />
Court and designation <strong>of</strong> specific IP Judges is low among local and foreign<br />
38<br />
There may be IP cases, such as those involving broader commercial disputes, that are heard by other Judges.<br />
Similarly, the four IP Judges may also hear other non-IP cases.<br />
39<br />
For example: technical nature <strong>of</strong> scientific expert evidence; protection and ring-fencing <strong>of</strong> confidential<br />
information during discovery; and the specialised procedures for ascertaining the extent <strong>of</strong> infringement,<br />
particularly patent infringement.