29 April 2019
The Intellectual Property Office of Singapore (“IPOS”) has recently extended and enhanced the Intellectual Property (“IP”) Mediation Promotion Scheme for three years. When it was launched in 2016, IPOS intended for the scheme to be available from 1 April 2016 to 31 March 2019.
Effective 1 April 2019, funding under the Enhanced Mediation Promotion Scheme (“EMPS”) will increase from S$5,500 to either S$10,000 or S$12,000 for each mediation case, and parties are allowed to claim for mediation-related agent fees. Under the EMPS, up to S$180,000 will be available in funding for up to 15 cases in the mediation of IP disputes before IPOS.
Parties will be funded up to S$10,000 or S$12,000 per mediation case if there is an existing dispute before IPOS and each party agrees to (a) disclose any agent fees incurred from the start to the end of the IPOS proceedings, (b) provide feedback on the mediation experience, (c) minimally allow a “shadow” mediator to sit in and observe the mediation, (d) named publicity, excluding details of the settlement terms and (e) co-pay at least 50% of the agent fees. Where the subject-matter of the mediation concerns only Singapore IP rights (“IPRs”) funding of up to S$10,000 applies. Funding of up to S$12,000 applies where foreign IPRs are added to the subject-matter of the mediation.
The funding applies to the mediation institution’s official administration fees, the mediator’s fees and up to 50% of parties’ mediation-related agent / lawyer fees.