Singapore legislation

Section 26C

of International Arbitration Act 1994

Section 26C

Effect of award involving IPR

Amended by23/201923/201923/201923/2019

(1)

This section applies if an award deciding an IPR dispute is made in arbitral proceedings.

Amended by23/2019

(2)

The fact that a person is a third-party licensee or third‑party holder of a security interest in respect of the IPR does not of itself make the person a person claiming through or under a party to the arbitral proceedings for the purposes of section 19B(1).

Amended by23/2019

(3)

However, subsection (2) does not affect any right or liability between a third‑party licensee or third‑party holder of a security interest and a party to the arbitral proceedings whether —

(a)

arising in contract; or

(b)

arising by operation of law.

Amended by23/2019

(4)

In this section —

Amended by23/2019

Definition

“third-party holder of a security interest”, in relation to an IPR in dispute in arbitral proceedings, means a person who —

(a)

is a holder of a security interest in respect of the IPR granted by a party to the arbitral proceedings; but(b)is not a party to the arbitral proceedings;

Definition

“third-party licensee”, in relation to an IPR in dispute in arbitral proceedings, means a person who —

(a)

is a licensee (whether or not an exclusive licensee) of the IPR under a licence granted by a party to the arbitral proceedings; but(b)is not a party to the arbitral proceedings.

Amended by23/2019