Part 23: Simplified Process for certain Intellectual Property Claims

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Part 23: Simplified Process for certain Intellectual Property Claims For the complete documentation index, see llms.txt. Markdown versions of documentation pages are available by appending .md to page URLs; this page is available as Markdown.

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Part 23: Simplified Process for certain Intellectual Property Claims 169. &x20; Application 170. &x20; Proceedings under the Simplified Process 171. &x20;Forms

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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.

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170. Proceedings under the Simplified Process Election by Claimant for Part 2 of SCJIPR to apply

(1)

170. Proceedings under the Simplified Process 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)

170. Proceedings under the Simplified Process 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)

170. Proceedings under the Simplified Process 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)

170. Proceedings under the Simplified Process Where sub-paragraph (2)(a) applies, the Court will give directions to determine whether Part 2 of the SCJIPR should continue to apply to the case.

(4)

170. Proceedings under the Simplified Process Where sub-paragraph (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.

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170. Proceedings under the Simplified Process 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.

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170. Proceedings under the Simplified Process A claimant who has not complied with sub-paragraph (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)

170. Proceedings under the Simplified Process 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.

170. Proceedings under the Simplified Process Application by Defendant for order for Part 2 of SCJIPR to apply to originating claim

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170. Proceedings under the Simplified Process 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)

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171. Forms In accordance with the definition of “form” in rule 3 of the SCJIPR:

(a)

171. Forms 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.