Amendments to the Singapore Arbitration Act And International Arbitration Act to Clarify the Arbitrability of IP Disputes in Singapore
Written By
Partner
Singapore
As a partner in our Intellectual Property Group in Singapore and part of the Media, Entertainment & Sports team, I focus on contentious IP matters including IP infringement litigation, patent revocation actions and trade mark oppositions, but also advise clients extensively on non-contentious matters including IP commercialisation, patent and trade mark freedom-to-operate issues and brand protection.
Amendments to the Singapore Arbitration Act ("AA") and the International Arbitration Act ("IAA") which clarify that disputes in relation to IP rights ("IPR disputes") are capable of being settled by arbitration in Singapore and that an arbitral award concerning IPR shall not be considered contrary to public policy have come into effect on 21 November 2019.
Notably, IPR disputes were arbitrable in Singapore even before the amendments came into effect. Therefore, the amendments introduced to the AA and IAA do not change the position in Singapore, but are by way of clarification only.
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