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Singapore legislation

Regulation 34

of Supreme Court of Judicature (Intellectual Property) Rules 2022

Regulation 34

Production of documents

Subregulation 1

The application of Order 11 (production of documents) of the Rules of Court to an action for an infringement of a patent, or for a declaration of non‑infringement of a patent, is subject to the modifications in this rule.

Subregulation 2

A document relating to the infringement of a patent by a product or process (called in this rule an exempt document) must not be listed if, before serving a list of documents, the party against whom the allegation of infringement is made has served on the other parties full particulars of the allegedly infringing product or process, including (if necessary) drawings or other illustrations.

Subregulation 3

Despite paragraph (2), any party may apply under Order 11 of the Rules of Court for further and better production or specific production of any exempt document.

Subregulation 4

If, despite paragraphs (1) and (2), a party (X) produces an exempt document for inspection —

(a)

any other party (Y) may request X in writing to provide a supplementary list of all other exempt documents; and

(b)

unless the Court orders otherwise, X must serve the supplementary list on Y within 14 days after the request.

Subregulation 5

This rule does not affect the Court’s power to limit production on any other ground.

Subregulation 6

To avoid doubt, if the validity of a patent is put in issue in an action for an infringement of a patent, or for a declaration of non‑infringement of a patent, rule 37 applies in addition to this rule.