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Knowledge Highlights 26 November 2024
Tiger Pictures Entertainment Ltd v Encore Films Pte Ltd [2023] SGHC 138
In Tiger Pictures Entertainment Ltd v Encore Films Pte Ltd, the Singapore High Court explained the factors in determining the suitability of the recently introduced “Simplified Process for Certain Intellectual Property Claims” (“Simplified Process”) to a claim, and ultimately dismissed the defendant’s application for an order that the Simplified Process did not apply. This is the first case in Singapore invoking the Simplified Process.
The Simplified Process was introduced in Singapore with effect from 1 April 2022. The Simplified Process is an optional “fast track” for intellectual property (“IP”) litigation to provide parties with a more affordable and expedited route to enforce their IP rights in Singapore. More information on the Simplified Process can be found in our article titled “New optional track for IP litigation from 1 April 2022, Supreme Court of Judicature (Intellectual Property) Rules 2022 gazetted”.
Allen & Gledhill Partner Toh Jia Yi acted for the successful party in the case.
Background
The claimant was the exclusive licensee of a top-grossing Chinese film. The claimant entered into negotiations with the defendant via text messages and email regarding a possible agreement for the defendant to distribute the film in Singapore.
Ultimately, the parties were unable to agree on key terms and did not execute any written distribution agreement. Despite this, the defendant proceeded to release the film for screening in Singapore on the basis that an alleged agreement had been reached through the parties’ text messages and emails.
The claimant then brought a claim against the defendant for copyright infringement of the film. The defendant denied liability and raised two counterclaims against the claimant, namely for: (a) alleged groundless threats of copyright infringement, and (b) alleged infringement of the defendant’s copyright in an entirely separate film.
The claimant elected for the Simplified Process to apply to the claim. The defendant, however, disagreed with the application of the Simplified Process, and made an application for an order that the Simplified Process did not apply.
Court’s decision
In its decision, the High Court noted that this was the first case in Singapore invoking the Simplified Process under Part 2 of the Supreme Court of Judicature (Intellectual Property) Rules 2022 (“IP Rules”). The court dismissed the defendant’s application and allowed the claimant’s claim to proceed under the Simplified Process.
How the Simplified Process is triggered
The court recounted that the Simplified Process may be triggered in two ways:
In the present case, the claimant triggered the Simplified Process by filing a form electing for the Simplified Process to apply, as well as the form to abandon any claim for monetary relief in excess of S$500,000.
Suitability of Simplified Process
A claim is suitable for the Simplified Process if it fulfils the three conditions in rule 4(1) the IP Rules. The court considered these three conditions in totality and found that the case was an appropriate one for the Simplified Process:
Comment
The Simplified Process increases access to justice in IP litigation by ensuring that costs and time spent are kept proportionate to the complexity and value of a claim.
IP rights holders are strongly encouraged to consider how the Simplified Process can be utilised as a part of their IP enforcement strategy in Singapore and overseas. For example, in the case of multi-jurisdictional IP disputes, the Simplified Process can be invoked to obtain a favourable judgment in Singapore quickly and affordably, and such judgment can then be used as the basis for negotiation of a global settlement of the dispute.
Given the court’s greater control over the conduct of proceedings and restrictions on the relief and costs granted in cases subject to the Simplified Process, potential litigants should always seek legal advice before deciding whether to invoke the Simplified Process for their dispute.
Reference materials
The judgment is available on the Singapore Courts website www.judiciary.gov.sg.