From 1 April 2022, most IP proceedings consolidated in General Division of the Singapore High Court
30 May 2022
From 1 April 2022, most intellectual property proceedings are consolidated in the General Division of the Singapore High Court. Set out below is a summary of the changes to the relevant legislation.
Patents
Pursuant to the Intellectual Property (Dispute Resolution) Act 2019 (Commencement) Notification 2022, certain provisions of the Intellectual Property (Dispute Resolution) Act 2019 came into force on 1 April 2022 to amend the Patents Act 1994 as follows:
- To remove the Registrar’s jurisdiction to (i) determine the question of whether a person has infringed a patent, as referred by that person and the proprietor of the patent by agreement and (ii) make a declaration that an act does not, or a proposed act would not, constitute an infringement of a patent.
- To give the General Division of the High Court original jurisdiction to revoke a patent, where the application for revocation does not arise in certain specified context.
The Patents (Amendment) Rules 2022 were gazetted and also came into operation on 1 April 2022.
Passing off
The Intellectual Property (Dispute Resolution) Act 2019 also came into force on 1 April 2022 to amend the State Courts Act 1970 to remove the jurisdiction of the Magistrate’s Court and the District Court to hear and try an action in passing off.
Copyright
Pursuant to the Copyright Act 2021 (Commencement) Notification 2022, sections 501(2) and (3) and 507(10) of the Copyright Act 2021 came into force on 1 April 2022. Essentially, the General Division of the High Court will have jurisdiction in matters under the Copyright Act 2021 and the Copyright Act 1987.
Rules of Court relating to IP rights consolidated and optional track for IP litigation
The Supreme Court of Judicature (Intellectual Property) Rules 2022) were gazetted on 21 March 2022 and came into force on 1 April 2022 to implement an optional track for IP litigation and consolidate the Rules of Court relating to IP rights in a single piece of legislation. For more, please read our article titled “New optional track for IP litigation from 1 April. 2022, Supreme Court of Judicature (Intellectual Property) Rules 2022 gazetted”.