IPOS increases funding for IP dispute parties opting for mediation with REMPS

19 April 2022

IPOS increases funding for IP dispute parties opting for mediation with REMPS

The Intellectual Property Office of Singapore (IPOS) has made its Revised Enhanced Mediation Promotion Scheme (REMPS) available to business enterprises beginning on April 1, 2022.

An extension of IPOS’s Enhanced Mediation Promotion Scheme (EMPS), REMPS provides increased funding to enterprises with IP disputes over Singapore and foreign IP rights, regardless of the mediation outcome.

In particular, REMPS provides an increased funding quantum of about 17 percent or up to S$14,000 (US$10,262) for dispute cases involving Singapore and foreign IP rights. For disputes involving only Singapore IP rights, parties will receive up to S$10,000 (US$7,330). From the funding, parties can claim up to 80 percent of mediation-related lawyer/agent fees and disbursements. If only a lone party applies for funding under REMPS, said party can claim up to S$3,000 (US$2,199) per mediation case.

Under the EMPS, dispute parties are provided with quantum funding of S$10,000 where only Singapore IP rights are involved, and S$12,000 (US$8,796) where foreign IP rights are also being disputed, per mediation case subject to certain conditions. Among these conditions is that both parties should agree to named publicity, inclusive of the identity of the parties but excluding details of the settlement terms.

“The REMPS encourages parties in IPOS proceedings to choose mediation by partially funding the process, so that more can experience mediation as an attractive option to resolve their disputes amicably,” said Mark Lim, chief legal counsel/director, hearings and mediation, IPOS.

“With an increase in the uptake of mediation, and the availability of case studies on actual mediations with more details, including the names of the parties, their advisers, the mediators and the mediation institution, we hope to promote a mindset change among users and lawyers such that they recognize that mediation is a valuable service worth paying for,” he added.

Mediation in itself offers a more cost-effective and speedy alternative to hearings. REMPS becomes an even more viable option for individual IP owners, micro, small, medium enterprises and startups especially in cases of cross-jurisdictional disputes.

“Typically, litigation, requiring legal action in every jurisdiction individually, would take an average of two or more years to resolve and entails high costs to file evidence and submissions in the language of the jurisdiction. Mediation, on the other hand, can converge every jurisdiction’s dispute in a single setting and result in a win-win outcome in a matter of days,” Lim explained, “saving time and money in the process.”

IPOS established REMPS in alignment with its Singapore IP Strategy 2030 (SIPS 2030). Launched on April 26, 2021, SIPS 2030 is a 10-year blueprint anchored on innovation, intangible assets (IA) and IP. It is envisioned to further strengthen Singapore’s economic growth and bolster its reputation as a global hub for IA and IP activities and transactions.

“We want to grow international IP dispute resolution in Singapore, by encouraging more businesses and individual IP owners to use the holistic suite of IP dispute resolution services offered here,” said Lim.

IPOS is making REMPS available for three years beginning on April 1, 2022.

 

Espie Angelica A. de Leon


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