When parties are engaged in a dispute over their IP rights, the outcome of a case is determined by the facts of the dispute and the applicable law. However, mediation is an amicable way of resolving a dispute that allows parties to engage in a dialogue that is guided by their interests. Furthermore, mediation generally results in time and cost savings for parties, as parties have control and certainty over the process to discuss and formulate a win-win solution for both parties.

  1. Enhanced Mediation Promotion Scheme (“EMPS”)

To encourage parties to explore mediation, IPOS has launched the Enhanced Mediation Promotion Scheme (“EMPS”) which sets aside SGD 180,000 in funding for parties with ongoing disputes before IPOS that undergo mediation. EMPS is available from 1 April 2019 for up to 3 years to be disbursed among an estimated 15 cases, or until the amount of SGD 180,000 has been drawn down.

  • Who can apply?
  • You have an existing dispute before IPOS, and you and your counter-party agree to submit it to mediation in Singapore.
  • You agree to
  • Allow a “shadow” mediator to observe the mediation
  • Disclose your lawyer / agent fees
  • Give feedback on your mediation experience
  • Agree to named publicity, excluding details of the settlement terms
  • Co-pay at least 50% of your mediation-related lawyer / agent fees (and mediation-related disbursements charged by your lawyer / agent)
  • You and your counter-party participate in the actual mediation session on or after 1 April 2019, in any event, no later than 31 March 2022 or until the available funding is drawn down, whichever is earlier.
  • How to apply?
  • Submit an existing dispute before IPOS to mediation and inform IPOS of your intention to apply for funding under the EMPS, before mediation starts.
  • If you are not sure whether you will claim EMPS funding at the time you submit your dispute to mediation, you are encouraged to first inform IPOS in writing that you may do so; and update us later when you have come to a decision.
  • Submit the EMPS application form to IPOS within 1 month from the date of the payment receipt from the mediation service provider or your lawyer / agent, whichever is later.

If you would like to find out more about the EMPS, please do not hesitate to contact us here or you may download our Singapore IP Handbook here for free.

Sources: https://www.ipos.gov.sg/manage-ip/funding