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PART-23-Simplified Process for certain Intellectual Property Claims.md

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Part 23: Simplified Process for certain Intellectual Property Claims

  • 169. Application
  • 170. Proceedings under the Simplified Process
  • 171. 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 subparagraph (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 subparagraph (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 subparagraph (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.