Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Interpretation of this Subdivision
156. In this Subdivision —“infringement” means an infringement of copyright for which the copyright owner and the exclusive licensee of the copyright have concurrent rights of action; “infringement action” has a corresponding meaning; “party” means the copyright owner or the exclusive licensee, as the case may be.
Application of this Subdivision
157.—(1) This Subdivision applies where an action for an infringement of copyright may be brought by the copyright owner and the exclusive licensee of the copyright. (2) This Subdivision does not apply in relation to a licence granted before 10 April 1987.
Joinder and costs
158.—(1) This section applies if the copyright owner or the exclusive licensee (but not both) brings an infringement action. (2) Unless the Court orders otherwise, the party that brought the action may proceed with the action without joining the other party as a claimant or adding the other party as a defendant. (3) If the other party is added as a defendant, that other party is not liable for any costs in the action unless that other party files and serves a notice of intention to contest or not contest the claim and takes part in the proceedings.
Same defences and same remedies available
159.—(1) This section applies if the exclusive licensee brings an infringement action. (2) A defendant in the action is entitled to the same defences under this Act that would be available to the defendant if the action had been brought by the copyright owner. (3) Subject to this Subdivision, the exclusive licensee is entitled to the same remedies that the copyright owner would be entitled to under Division 1 of Part 6 if the action had been brought by the copyright owner. (4) The remedies of the exclusive licensee are concurrent with the remedies of the copyright owner.
Assessment of damages
160.—(1) This section applies if —(a) the copyright owner or the exclusive licensee brings an infringement action for an infringement; and (b) the other party is not a claimant in that action. (2) If the Court orders the payment of damages or statutory damages for the infringement, the following matters must be considered in assessing damages or statutory damages:(a) any right of action exercisable by the other party under that section in respect of the infringement; (b) if the action is brought by the exclusive licensee — any liabilities (whether for royalties or otherwise) to which the licence is subject; (c) if a separate infringement action is brought by the other party for the infringement — any pecuniary remedy already awarded to the other party under section 305 in respect of the infringement.
Apportionment of profits
161.—(1) This section applies if the copyright owner or the exclusive licensee brings an infringement action for an infringement (whether or not the other party is also a claimant in that action). (2) If the Court orders an account of profits to be taken in respect of the infringement, the Court must —(a) apportion the profits between the copyright owner and the exclusive licensee in a way the Court considers just; and (b) give directions to give effect to that apportionment. (3) Subsection (2) is subject to any contrary agreement between the copyright owner and the exclusive licensee.
Separate actions for same infringement
162.—(1) This section applies if the copyright owner and the exclusive licensee bring separate actions for the same infringement. (2) If there is a final order in one action —(a) for damages or statutory damages to be paid in respect of the infringement; or (b) to take an account of profits in respect of the infringement, the Court may not make an order to take an account of profits in respect of that infringement in the other action. (3) If there is a final order in one action to take an account of profits in respect of the infringement, the Court may not make an order for the payment of damages or statutory damages for that infringement in the other action.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
The Singapore legislation on this platform is subject to copyright of the Singapore Government and is used/reproduced for the purposes of this platform with the permission of the Attorney-General's Chambers. Users of this platform may check Singapore Statutes Online for the latest version of the Singapore legislation.