SINGAPORE Law and Practice Contributed by: Yvonne Tang, Lim Siau Wen and Ruby Tham, Drew & Napier LLC
The remedies of damages and account of profits are mutually exclusive, with the exception that a court may award account of profits in addition to an order for damages for any amount that was considered in computing the damages. Where the infringement involves the use of a counterfeit trade mark, statutory damages are available as an alternative form of damages. In awarding statutory damages, the court has • any loss that the claimant has suffered or is likely to suffer by reason of the infringement; • any benefit shown to have accrued to the defendant because of the infringement; • whether there is a need for deterrence; and • all other relevant matters. Copyright Monetary remedies take the form of damages, additional damages or an account of profits. The claimant may elect for statutory damages, as an alternative. The remedies of damages (including additional damages), account of profits and statutory dam - ages are mutually exclusive, with the exception that a court may award account of profits in addition to an order for damages for any amount that was taken into account in computing the damages. regard to various factors such as: • the flagrancy of the infringement; Damages may not be awarded for copyright infringement if the defendant was innocent or could not have reasonably known that its act was infringing. However, the court is not pre - vented from ordering any other remedy for the infringement, including an account of profits.
As with damages under trade mark infringement, damages are compensatory in nature, intended to restore – as much as possible – the plaintiff to the position they would have been in if the infringement had not occurred. In deciding whether to award additional dam - ages, the court has regard to all relevant matters, including the flagrancy of the infringement and any benefit gained by the defendant because of the infringement. In assessing the quantum of statutory damag - es, the court will consider all relevant matters, including: • the nature and purpose of the infringing act; • any loss that the claimant has suffered or is likely to suffer by reason of the infringement; • any benefit shown to have accrued to the defendant because of the infringement; • the conduct of the parties before and during the proceedings; and • whether there is a need for deterrence. 10.3 Attorneys’ Fees and Costs • the flagrancy of the infringement; • whether bad faith was involved; In general, the court awards costs to the suc - cessful party, except where it appears to the court that, in the circumstances of the case, some other order should be made or that there are special reasons for depriving the successful party of their costs in part or in full. The quantum of costs may be fixed by the court or determined by the court in assessment of costs proceedings. Costs are typically assessed on the standard basis, which means all costs reasonably incurred would be allowed. Any doubts as to whether the costs were reason -
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