SINGAPORE Law and Practice Contributed by: Yvonne Tang, Lim Siau Wen and Ruby Tham, Drew & Napier LLC
10. Remedies 10.1 Injunctive Remedies Available injunctive remedies include: • final injunctions; • interim injunctions; • injunctions prohibiting the disposal of assets (also known as Mareva injunctions); and • search orders (also known as an Anton Piller order). The granting of injunctive relief is at the court’s discretion. As a general rule, the following applies. Interim injunctions will be granted only if the claimant can show that: • there is a serious question to be tried; and • the balance of convenience lies in favour of granting the injunction. Where damages are an adequate remedy for the plaintiff if they succeed at trial, and if the defend - ant is in a financial position to pay them, an inter - im injunction would not normally be granted. If damages would not be an adequate remedy, the court will take whichever course appears to car - ry the lower risk of injustice if it should turn out to have been wrong at trial in the sense of having granted the injunction when it should have been refused, or of an injunction having been refused when it should have been granted. Injunctions prohibiting the disposal of assets will be granted only where the claimant can establish that: • there is a valid cause of action over which the court has jurisdiction;
• there is a good arguable case on the merits of its claim; • the defendant has assets within jurisdiction; and • there is a real risk that the defendant will dis- sipate its assets to frustrate the enforcement of an anticipated judgment of the court (addi - tional considerations apply to applications for a worldwide Mareva injunction). Search orders will be granted only where: • the plaintiff has shown that it has an extreme - ly strong prima facie, case; • the damage suffered by the plaintiff would have been very serious; • there was a real possibility that the defendant(s) would destroy relevant docu - ments; and • the effect of the Anton Piller order would be out of proportion to the legitimate object of the order. 10.2 Monetary Remedies Trade Marks Monetary remedies take the form of damages or an account of profits. An account of profits is an equitable remedy which may not be awarded if the infringer can establish an equitable defence such as estoppel, laches, acquiescence or delay. Damages are compensatory in nature and are intended to restore the plaintiff to the position they would have been in if the infringement had not occurred. For damages, loss must be proved, and general rules of causation will apply. On the other hand, the remedy of an account of profits seeks to disgorge unjust gains and the maximum payment is confined to the net profits attributable to the infringement.
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