CMS Expert Guide on Preliminary Injunctions in IP in Singapore

Almost all types of IP claims may be subject to a PI (which are known as interim or interlocutory injunctions in Singapore). The applicant must show urgency and that they have met the required legal standard (see the response to question 6 below).

No.

No.

However, as a PI is a remedy based on equitable interests, there cannot be a delay in the application. Typically, it is filed at the same time as the commencement of the action.

Depending on the court’s schedule, it may take a month for inter partes proceedings to obtain a PI. However, where a case is extremely urgent, an ex parte PI may be obtained within days.

Yes, but this would be unlikely.

Although the court can adjourn the hearing, given the nature of such an application, it is more likely to dismiss the application.

The evidence must be sufficient to show that the legal test for a PI has been met. This consists of three key elements:

• There is a serious question to be tried (i.e. there is a prima facie cause of action); and
• An award of damages would not be an adequate remedy for any losses suffered if the PI is not granted; and 
• The balance of convenience lies in favour of granting the PI.

Relevant factors when deciding the second and third questions include (a) the risk of irreparable damage and (b) the potential hardship a PI may bring to the party enjoined.

Yes.

However, any party applying for an ex parte PI must give notice of the application to the counterparty prior to the hearing. This informal notice may be by way of fax, email, or in cases of extreme urgency, orally by telephone.

Yes.  

Generally, the court may decide to award “costs in the cause”. This means that the party unsuccessful at trial will pay the costs.  

However, the court has the discretion to order otherwise, such as awarding “costs to follow the event”. This means that the party who is unsuccessful in a PI application will pay the costs. 

The counterparty may apply to the court to request that the applicant provide security for its costs of the action if the applicant:

1. is ordinarily resident out of the jurisdiction; 
2. is a nominal applicant who is suing for someone else’s benefit (but not suing in a representative capacity) or is being funded by a non-party, and there is reason to believe that the applicant will be unable to pay the defendant’s costs if ordered to do so; or 
3. has not stated or has incorrectly stated the applicant‘s address in the originating application, or has changed the applicant’s address during the course of the proceedings, so as to evade the consequences of the litigation.

Yes. It is possible to appeal against a PI. However, unless otherwise directed by the court, an appeal does not suspend the effect of the PI.

This depends on various factors, including the complexity of the case.

However, such proceedings are unlikely to last for more than 3 months.

Generally, a PI is in effect when the order is granted. However, it is only enforceable from the date on which it is served on another party.

A person who intentionally disobeys or breaches a PI commits contempt of court.

The party seeking to enforce the PI may apply for a committal order against the other party to punish them for contempt of court. The committal applicant must first apply for and obtain permission from the court before applying for a committal order.

Yes.

An order for a PI would generally include an undertaking by the applicant to comply with any subsequent court order requiring it to pay damages to the respondent if it is later determined that the PI should not have been granted, and the respondent sustains harm or loss as a result of the PI. 

Yes, further proceedings on the merits are required for the court to grant a final injunction.