Other disputes

Nature of dispute

With more people engaged in the creative industries, whether as a writer, painter, musician, app creator or video games developer, disputes over intellectual property such as copyrights, patents, trademarks and trade secrets are bound to arise.

There may be instances where third party individuals use or exploit your intellectual property without your permission or claim ownership of intellectual property rights that belong to you.

Or you could simply be embroiled in a dispute with someone who believes his product or work is protected under intellectual property laws, when it is not the case.

How we can help

Mediation

Mediation is a voluntary process where a neutral third-party, the mediator, facilitates the disputants’ negotiation process for a private and amicable settlement.

The Intellectual Property Office of Singapore (IPOS) offers the Enhanced Mediation Promotion Scheme (EMPS) to provide subsidies for mediation for disputes arising from intellectual property claims. SMC is one of the designated mediation service providers under the Scheme.

Under EMPS, parties will be subsidised up to $10,000 or up to $12,000 if their dispute includes issues on foreign IP rights. Approval of the subsidies is at the sole discretion of IPOS.

The Scheme is available until 31 March 2022 or until the fund of $180,000, which has been set aside for this Scheme, is drawn down.

Fees

Parties pay the filing and mediation fees below for the IPOS Enhanced Mediation Promotion Scheme.

COMMERCIAL MEDIATION SCHEME FEE
(FOR DISPUTES ABOVE $60,000)

A non-refundable filing fee of $267.50 is to be borne by each party, applicable to all mediations administered by the Singapore Mediation Centre.

Sum in dispute

Mediation fee

Above $60,000 to up to $100,000

$963 per party per day

Above $100,000 up to $250,000

$1,284 per party per day

Above $250,000 up to $500,000

$2,942.50 per party per day

Above $500,000 up to $1,000,000

$3,477.50 per party per day

Above $1,000,000 up to $2,500,000

$4,547.50 per party per day

Above $2,500,000 up to $5,000,000

$5,617.50 per party per day

Above $5,000,000 and up to $10,000,000

$6,901.50 per party per day

Above $10,000,000 and up to $20,000,000

$8,292.50 per party per day

Above $20,000,000 and up to $50,000,000

$9,897.50 per party per day

Above $50,000,000

$12,037.50 per party per day

* The figures above are in Singapore dollars and inclusive of GST.

INTELLECTUAL PROPERTY OFFICE OF SINGAPORE
ENHANCED 
MEDIATION PROMOTION SCHEME
(NON-MONETARILY QUANTIFIABLE)

Sum in dispute

Mediation fee

Filing fee

Non-quantifiable

$2,942.50 per party per day

$267.50 per party

* The figures above are in Singapore dollars and inclusive of GST.

For more information, please refer to the fees on the Documents & Forms page:

For more information on the IPOS Enhanced Mediation Promotion Scheme, please click here.

Commercial Mediation Scheme

For cases that are not eligible under the IPOS Enhanced Mediation Promotion Scheme, parties can mediate under SMC’s Commercial Mediation Scheme (for claims above $60,000) or the Small Case Commercial Mediation Scheme (for claims less than or equal to $60,000).

COMMERCIAL MEDIATION SCHEME FEE
(For disputes above $60,000)
A non-refundable filing fee of $267.50 is to be borne by each party, applicable to all mediations administered by the Singapore Mediation Centre.
Sum in dispute Mediation fees

Above $60,000 and up to $100,000

$963 per party per day

Above $100,000 and up to $250,000

$1,284 per party per day

Above $250,000 and up to $500,000

$2,942.50 per party per day

Above $500,000 and up to $1,000,000

$3,477.50 per party per day

Above $1,000,000 and up to $2,500,000

$4,547.50 per party per day

Above $2,500,000 and up to $5,000,000

$5,617.50 per party per day

Above $5,000,000 and up to $10,000,000

$6,901.50 per party per day

Above $10,000,000 and up to $20,000,000

$8,292.50 per party per day

Above $20,000,000 and up to $50,000,000

$9,897.50 per party per day

Above $50,000,000

$12,037.50 per party per day

* The figures above are in Singapore dollars and inclusive of GST.

SMALL CASE COMMERCIAL MEDIATION SCHEME FEE
(FOR DISPUTES UP TO $60,000)
Each party shall be required to pay a non-refundable filing fee of $26.75. The filing fee will be set-off from the mediation fee upon confirmation of the mediation.

Sum in dispute

Mediation fees

Up to $20,000

$214 (hourly rate of $53.50)

Above $20,000 and up to $40,000

$299.60 (hourly rate of $74.90)

Above $40,000 and up to $60,000

$385.20 (hourly rate of $96.30)

* The figures above are in Singapore dollars and inclusive of GST.

** Each party will be charged a mediation fee for up to 4 hours of mediation. When the mediation extends beyond the 4 hours, each party will be charged at the applicable hourly rate as indicated above for each additional hour (or part thereof).

Please note that if parties choose their own mediator(s), the selected mediator(s) may change his/her commercial rates and the above mediation fee will not be applicable.

For more information, please refer to the respective mediation procedures and fees on the Documents & Forms page:

Neutral evaluation

Alternatively, SMC also offers neutral evaluation where an unbiased third party hears your case either through written briefs and/or oral presentations.

SMC works with a distinguished panel of neutral evaluators comprising former Supreme Court judges, judicial commissioners and senior counsel with extensive experience and knowledge in deciding legal issues.

This adjudicatory process, where the neutral evaluator considers the merits of your case, such as technical evaluations or points of law, allows contending parties to better understand the strengths and weaknesses of their case.

Parties can choose whether to have a binding opinion or not and opt for a documents-only evaluation or an evaluation with hearing(s). Where parties choose to have a binding opinion, neutral evaluation allows parties to have a speedy and cost-effective ruling, avoiding hefty litigation or arbitration bills. The process is entirely private and confidential.

Fees

Parties will have to pay SMC’s administrative fee, which is dependent on the sum of the dispute set out below.

SMC’S ADMINISTRATIVE FEE

Sum in dispute

Mediation fees

Up to $500,000

$749

$500,001 to $1,000,000

$1,070

$1,000,001 to $5,000,000

$1,605

Above $5,000,000

$2,140

* The figures above are in Singapore dollars and inclusive of GST.

In addition, they will have to pay the neutral evaluator whose rate may range from $500 – $1,200 per hour depending on his/her experience. The cost of the neutral evaluation will depend on the total number of hours spent by the neutral evaluator, which in turn is dependent on the nature and complexity of the dispute.

Other optional expenses include charges for venue and refreshments.

For more information, please refer to the neutral evaluation rules and fees on the Documents & Forms page:

 

Nature of dispute

Disagreements over who is entitled to use a particular business name may arise when more than one party wants to use the same name. Typically, such disputes involve a registrant who has registered a ‘.sg’ domain name and a complainant who has applied to take over ownership and registration of the same domain name.

The Singapore Domain Name Dispute Resolution Policy Service (SDRP) caters to instances of registration or the use of domain names in bad faith. Compared to going to court, a SDRP proceeding is a quicker and more affordable way of resolving domain name clashes.

How we can help

SDRP proceedings are administered by SMC.

SDRP can be used if:

  • You wish to end a ‘.sg’ domain name conflict through mediation or an administrative proceeding in line with the SDRP.
  • You wish to challenge the registration of a ‘.sg’ domain name on the grounds given under paragraph 4(a) of the SDRP.
  • A ‘.sg’ domain name registered to another party is identical or confusingly similar to a name, trademark or service mark in which you have rights that are recognised under Singapore law. Further, you believe in good faith that you are entitled — on the grounds stated in paragraph 4(a) of the SDRP — to have the domain name cancelled or transferred to you. This is to protect your rights in the name, trademark or service mark.
  • You prefer a quick, convenient and cheap way of ending a ‘.sg’ domain name battle.

Fees

Parties pay the fees below for the sums payable to the secretariat and the panel as follows:

SINGAPORE DOMAIN NAME DISPUTE RESOLUTION POLICY SERVICE
SINGLE PANELLIST

Number of domain names included in the complaint Fee
1 to 5 $2,942.50
6 to 10 $3,745
11 to 15 $4,547.50
More than 15 To be decided in consultation with the secretariat

THREE PANELLISTS

Number of domain names included in the complaint Fee
1 to 5 $5,885
6 to 10 $7,490
11 to 15 $9,095
More than 15 To be decided in consultation with the secretariat
* The figures above are in Singapore dollars and inclusive of GST.

For more information, please refer to the SDRP rules and fee schedule on the Documents & Forms page:

Information on proceedings under the SDRP

In line with paragraph 4(j) of the SDRP, all decisions under it will be published in full on the Internet, except when an administrative panel decides in an exceptional case to edit portions of its decision.

Nature of dispute

Most types of civil disputes can be mediated. Aside from matters that are criminal in nature or of public policy, there are no restrictions to the type of conflicts that can be settled at SMC nor any upper limit on the quantum in dispute.

SMC can help you. We provide the service for Commercial Mediation Scheme and Small Case Commercial Mediation Scheme, as well as neutral evaluation for those whose disputes do not fall into any categories listed on Our Services.

How we can help

Mediation

Mediation is a voluntary process where a neutral third-party, the mediator, facilitates the disputants’ negotiation process for a private and amicable settlement.

For such disputes, parties can mediate under SMC’s Commercial Mediation Scheme (for claims above $60,000) or the Small Case Commercial Mediation Scheme (for claims less than or equal to $60,000).

Fees

Parties pay the mediation fees below for Commercial Mediation Scheme and Small Case Commercial Mediation Scheme.

COMMERCIAL MEDIATION SCHEME FEE
(For disputes above $60,000)
A non-refundable filing fee of $267.50 is to be borne by each party, applicable to all mediations administered by the Singapore Mediation Centre.
Sum in dispute Mediation fees

Above $60,000 and up to $100,000

$963 per party per day

Above $100,000 and up to $250,000

$1,284 per party per day

Above $250,000 and up to $500,000

$2,942.50 per party per day

Above $500,000 and up to $1,000,000

$3,477.50 per party per day

Above $1,000,000 and up to $2,500,000

$4,547.50 per party per day

Above $2,500,000 and up to $5,000,000

$5,617.50 per party per day

Above $5,000,000 and up to $10,000,000

$6,901.50 per party per day

Above $10,000,000 and up to $20,000,000

$8,292.50 per party per day

Above $20,000,000 and up to $50,000,000

$9,897.50 per party per day

Above $50,000,000

$12,037.50 per party per day

* The figures above are in Singapore dollars and inclusive of GST.

SMALL CASE COMMERCIAL MEDIATION SCHEME FEE
(FOR DISPUTES UP TO $60,000)
Each party shall be required to pay a non-refundable filing fee of $26.75. The filing fee will be set-off from the mediation fee upon confirmation of the mediation.

Sum in dispute

Mediation fees

Up to $20,000

$214 (hourly rate of $53.50)

Above $20,000 and up to $40,000

$299.60 (hourly rate of $74.90)

Above $40,000 and up to $60,000

$385.20 (hourly rate of $96.30)

* The figures above are in Singapore dollars and inclusive of GST.

** Each party will be charged a mediation fee for up to 4 hours of mediation. When the mediation extends beyond the 4 hours, each party will be charged at the applicable hourly rate as indicated above for each additional hour (or part thereof).

Please note that if parties choose their own mediator(s), the selected mediator(s) may charge his/her commercial rates and the above mediation fee will not be applicable.

For more information, please refer to the respective mediation procedures and fees on the Documents & Forms page:

Neutral evaluation

Alternatively, SMC also offers neutral evaluation where an unbiased third party hears your case either through written briefs and/or oral presentations.

SMC works with a distinguished panel of neutral evaluators comprising former Supreme Court judges, judicial commissioners and senior counsel with extensive experience and knowledge in deciding legal issues.

This adjudicatory process, where the neutral evaluator considers the merits of your case, such as technical evaluations or points of law, allows contending parties to better understand the strengths and weaknesses of their case.

Parties can choose whether to have a binding opinion or not and opt for a documents-only evaluation or an evaluation with hearing(s). Where parties choose to have a binding opinion, neutral evaluation allows parties to have a speedy and cost-effective ruling, avoiding hefty litigation or arbitration bills. The process is entirely private and confidential.

Fees

Parties will have to pay SMC’s administrative fee, which is dependent on the sum of the dispute set out below.

SMC’S ADMINISTRATIVE FEE

Sum in dispute

Mediation fees

Up to $500,000

$749

$500,001 to $1,000,000

$1,070

$1,000,001 to $5,000,000

$1,605

Above $5,000,000

$2,140

* The figures above are in Singapore dollars and inclusive of GST.

In addition, they will have to pay the neutral evaluator whose rate may range from $500 – $1,200 per hour depending on their experience. The cost of the neutral evaluation will depend on the total number of hours spent by the neutral evaluator, which in turn is dependent on the nature and complexity of the dispute.

Other optional expenses include charges for venue and refreshments.

For more information, please refer to the neutral evaluation rules and fees on the Documents & Forms page:

To begin a dispute resolution process

  • 1
  • 2

    Download the IPOS Enhanced Mediation Promotion Scheme Request for Mediation form here.

  • 3

    Send completed form to SMC by fax at +65 6333 5085 or email to enquiries@mediation.com.sg.

  • 4

    Payments should be made either via cheque or bank transfer. Cheque to be made payable to “Singapore Mediation Centre”.

  • 2

    Download the Commercial Mediation Scheme Request for Mediation form here.

  • 3

    Send the completed form to SMC by fax at +65 6333 5085 or email to enquiries@mediation.com.sg.

  • 4

    Payments should be made either via cheque or bank transfer. Cheque to be made payable to “Singapore Mediation Centre”.

  • 2

    Download the Small Case Commercial Mediation Scheme Request for Mediation form here.

  • 3

    Send the completed form to SMC by fax at +65 6333 5085 or email to enquiries@mediation.com.sg.

  • 4

    Payments should be made either via cheque or bank transfer. Cheque to be made payable to “Singapore Mediation Centre”.

  • 2

    Download the Request for Neutral Evaluation form here.

  • 3

    Send the completed form to SMC by fax at +65 6333 5085 or email to enquiries@mediation.com.sg.

  • 4

    Payments should be made either via cheque or bank transfer. Cheque to be made payable to “Singapore Mediation Centre”.

To begin a dispute resolution process

  • 1
  • 2

    Download the Singapore Domain Name Dispute Resolution Policy Service complaint form here.

  • 3

    Send the completed form to the SDRP secretariat by email to sgdisputes@disputemanager.com.sg.

  • 4

    Payments should be made either via cheque or bank transfer. Cheque to be made payable to “Singapore Mediation Centre”.

To begin a dispute resolution process

  • 1
  • 2

    Download the Commercial Mediation Scheme Request for Mediation form here.

  • 3

    Send the completed form to SMC by fax at +65 6333 5085 or email to enquiries@mediation.com.sg.

  • 4

    Payments should be made either via cheque or bank transfer. Cheque to be made payable to “Singapore Mediation Centre”.

  • 2

    Download the Small Case Commercial Mediation Scheme Request for Mediation form here.

  • 3

    Send the completed form to SMC by fax at +65 6333 5085 or email to enquiries@mediation.com.sg.

  • 4

    Payments should be made either via cheque or bank transfer. Cheque to be made payable to “Singapore Mediation Centre”.

  • 2

    Download the Request for Neutral Evaluation form here.

  • 3

    Send the completed form to SMC by fax at +65 6333 5085 or email to enquiries@mediation.com.sg.

  • 4

    Payments should be made either via cheque or bank transfer. Cheque to be made payable to “Singapore Mediation Centre”.

For more information, please contact SMC at