Singapore legislation

Regulation 81A

of Trade Marks Rules

Regulation 81A

Case management conference

Amended byS 692/2021 wef 01/10/2021S 743/2014 wef 13/11/2014S 692/2021 wef 01/10/2021S 692/2021 wef 01/10/2021S 692/2021 wef 01/10/2021S 692/2021 wef 01/10/2021

Subregulation 1

Notwithstanding anything in these Rules, at any stage of any application to or proceedings before the Registrar, the Registrar may direct the applicant or parties to attend a case management conference in order that the Registrar may make such order or give such direction as he thinks fit for the just, expeditious and economical disposal of the matter.

Subregulation 2

At a case management conference, the Registrar may —

(a)

consider any matter, including the possibility of settlement of any or all of the issues in the application or proceedings; and

(b)

direct the parties to furnish the Registrar with such information as the Registrar may require.

Subregulation 3

If any party fails to comply with any direction or order given under paragraph (1) or (2), the Registrar may —

(a)

where that direction or order was given in relation to any application or proceedings initiated by that party, dismiss the application or proceedings, as the case may be; or

(b)

make such other order as the Registrar thinks fit.

Subregulation 4

Any direction given or order made by the Registrar under paragraph (1), (2) or (3) may be set aside or varied by the Registrar on such terms as the Registrar thinks fit.

Subregulation 5

If, during or pursuant to a case management conference, the parties are agreeable to a settlement of all or some of the matters in dispute in any application or proceedings, the Registrar may —

(a)

give the Registrar’s decision in relation to the application or proceedings; or

(b)

make such order as the Registrar thinks just to give effect to the settlement.

Subregulation 6

Amended byS 692/2021 wef 01/10/2021

If any party does not attend a case management conference, the Registrar may —

(a)

where the case management conference pertains to any application or proceedings initiated by that party, dismiss the application or proceedings, as the case may be;

(b)

make such other order as the Registrar thinks fit; or

(c)

adjourn the case management conference.

Subregulation 7

An order made by the Registrar in the absence of a party under paragraph (6) may be set aside by the Registrar, on the application of that party, on such terms as the Registrar thinks fit.

Subregulation 8

Amended byS 743/2014 wef 13/11/2014

Any application or proceedings dismissed under paragraph (3) or (6) may, on application of any party, be restored on the direction of the Registrar.

Subregulation 9

Amended byS 692/2021 wef 01/10/2021

Despite paragraphs (1) and (2) but subject to paragraphs (10), (11) and (12), the Registrar may direct that a case management conference be held in an asynchronous manner by exchange of written correspondence with the parties, and the Registrar may exercise any power conferred on the Registrar under this rule for the purpose of securing the just, expeditious and economical disposal of the matter.

Subregulation 10

Amended byS 692/2021 wef 01/10/2021

Where a case management conference is held under paragraph (9), the Registrar must —

(a)

before giving any direction or making any order on any matter, give each party an opportunity to address the Registrar on the intended direction or order; and (b)before giving any direction or making any order that affects a party’s rights or interests, give that party an opportunity to address the Registrar and respond to any submission made by the other party on the intended direction or order.

Subregulation 11

Amended byS 692/2021 wef 01/10/2021

For the purpose of exercising the Registrar’s powers under paragraph (6) or (7) in a case management conference held under paragraph (9), the references to the non-attendance of a party in paragraph (6) and the absence of a party in paragraph (7) are each to be read as a reference to the failure of a party to respond to the Registrar’s written correspondence relating to the case management conference within the time specified in the written correspondence.

Subregulation 12

Amended byS 692/2021 wef 01/10/2021

The Registrar must not hold a case management conference in an asynchronous manner under paragraph (9) if any party requests that the case management conference be held in accordance with paragraph (1) instead.

Regulation 81A — Trade Marks Rules | laws.sg