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Singapore legislation

Regulation 18

of Supreme Court of Judicature (Intellectual Property) Rules 2022

Regulation 18

Consultation on possibility of agreement

Subregulation 1

Where an application is made under section 10(2) —

(a)

the applicant must consult with each defendant on the possibility of agreement to the practical conditions to be declared under section 10(2);

(b)

if the parties reach an agreement, the applicant must file in Court a copy of their agreement, including the details of the agreed practical conditions; and

(c)

if the parties fail to reach an agreement, each party must file with the Court a submission —

(i)

containing the party’s proposal for the practical conditions to be declared; and

(ii)

identifying the areas for which an agreement could not be reached.

Subregulation 2

For the purposes of paragraph (1), the Court must send a written notice to all the parties to the proceedings and the notice must —

(a)

direct the applicant to consult with each defendant as required by paragraph (1)(a); and

(b)

specify —

(i)

the period for consultation under paragraph (1)(a);

(ii)

the period within which the applicant must take the step in paragraph (1)(b) (if applicable); and

(iii)

the period within which each party must take the step in paragraph (1)(c) (if applicable).

Subregulation 3

An application under section 10(2) is deemed to have been discontinued if —

(a)

where paragraph (1)(b) applies — the applicant did not carry out the step in paragraph (1)(b) at the end of the period specified in paragraph (2)(b)(ii); or

(b)

where paragraph (1)(c) applies — the applicant did not carry out the step in paragraph (1)(c) as it applies to the applicant at the end of the period specified in paragraph (2)(b)(iii).