SINGAPORE Law and Practice Contributed by: Yvonne Tang, Lim Siau Wen and Ruby Tham, Drew & Napier LLC
Under both the Trade Marks Act and the Copy - right Act, parallel imports of genuine goods are not classified as infringing goods, except in very limited circumstances, meaning that such goods are generally not subject to custom seizures.
contingent upon the appeal raising a point of law of public importance. A party who intends to appeal to the Court of Appeal must first apply for permission to appeal from the Court of Appeal, and must file and serve the application on all parties who have an inter - est in the appeal within 14 days of the deci - sion of the Appellate Division of the High Court. However, where further arguments have been requested in compliance with Section 29B(2) of the Supreme Court of Judicature Act 1969, the time for the permission application does not start running until the judge has either: • heard the further arguments and affirms, var - ies or sets aside the decision after hearing further arguments; or • certified or been deemed to have certified that no further arguments are required. Where permission to appeal is granted, the appellant must file and serve a notice of appeal on all parties who have an interest in the appeal, within 14 days of the date of the decision grant - ing permission to appeal. 11.2 Timeframes for Appealing Trial Court Decisions Regarding timelines to file an appeal, see 11.1 Appellate Procedure . The duration for settling an appeal is contingent upon the complexity of the issues and the case - load of the appellate court. In general, an appeal from the trial court may take around one to two years from the date of filing to be decided.
11. Appeal 11.1 Appellate Procedure
Trade mark and copyright infringement actions are commenced in the General Division of the High Court. Decisions of the General Division of the High Court may be appealed to the Appellate Division of the High Court. A party who intends to appeal to the Appellate Division of the High Court must file and serve a notice of appeal on all parties with an interest in the appeal, within 28 days of the decision of the General Division of the High Court. However, where further argu - ments have been requested in compliance with Section 29B(2) of the Supreme Court of Judi - cature Act 1969, the time for filing the notice of appeal does not start running until the judge has either: • heard the further arguments and affirms, var - ies or sets aside the decision after hearing further arguments; or • certified or been deemed to have certified that no further arguments are required. The appellant must provide security for the respondent’s costs of the appeal and file a certificate for security for costs at the time the appellant files the notice of appeal. The decision from the Appellate Division of the High Court may be further appealed to the Court of Appeal, provided permission is received from the Court of Appeal. The granting of this permis - sion is at the Court of Appeal’s discretion and is
530 CHAMBERS.COM
Powered by FlippingBook