Singapore legislation
Regulation 9
of Supreme Court of Judicature (Intellectual Property) Rules 2022
Regulation 9
Costs to be fixed and capped
Subregulation 1
Order 21 (costs) of the Rules of Court applies subject to this rule.
Subregulation 2
If the originating claim is proceeding to trial, the Court must not make any order for costs until the trial is completed.
Subregulation 3
The Court may order costs only in respect of the items specified in Table A.
Subregulation 4
The Court must fix any costs it orders.
Subregulation 5
The costs ordered in respect of an item specified in Table A must not exceed the maximum amount for that item.
Subregulation 6
The total costs ordered against a party (including any costs in respect of GST) must not exceed the following amounts after any set off:
$50,000 in relation to the trial of the originating claim;
$25,000 in relation to any bifurcated assessment as to the amount of monetary relief.
Subregulation 7
Paragraphs (2), (5) and (6) do not apply where costs are ordered against a party that has behaved unreasonably.
Subregulation 8
This rule does not affect —
the Court’s powers under the Rules of Court to make adverse cost orders against a solicitor at any time;
the Court’s powers in relation to court fees under Order 25 of the Rules of Court;
the Court’s powers under the Rules of Court in relation to the costs of enforcement; and
a party’s entitlement to costs and expenses under any of the following written laws:
section 76(2) of the Geographical Indications Act 2014;
section 72(2) of the Patents Act 1994;
section 43(2) of the Registered Designs Act 2000;
section 102(2) of the Trade Marks Act 1998.
Subregulation 9
In this rule, “GST” means goods and services tax.Table AItems relating to the trial of the originating claimMaximum amount1.Preparing or reviewing statement of claim$7,0002.Preparing or reviewing defence and counterclaim$7,0003.Preparing or reviewing reply and defence to counterclaim$7,0004.Preparing or reviewing reply to defence to counterclaim$3,5005.Attending one or more case conferences$3,0006.Making or responding to one or more applications$3,0007.Producing or inspecting documents or other material, product descriptions or process descriptions $6,0008.Performing or inspecting one or more experiments$3,0009.Preparing or reviewing one or more affidavits (including affidavits of evidence‑in‑chief)$6,00010.Preparing or reviewing one or more expert reports$8,00011.Preparing for and attending trial$16,00012.Preparing for determination on papers$5,50013.GST payable by a GST-registered law firmActual amount of GST payableItems relating to any bifurcated assessment of the amount of monetary relief Maximum amount14.Preparing or reviewing supplementary statement of claim$3,00015.Preparing or reviewing supplementary defence$3,00016.Attending one or more case conferences$3,00017.Making or responding to one or more applications$3,00018.Producing or inspecting documents or other material$3,00019.Preparing or reviewing one or more affidavits (including affidavits of evidence‑in‑chief)$6,00020.Preparing or reviewing one or more expert reports$6,00021.Preparing for and attending trial$8,00022.Preparing for determination on papers$3,00023.GST payable by a GST‑registered law firmActual amount of GST payable