SingEx Trade and/or Consumer Fairs – Fast-Track Intellectual Property Dispute Resolution Rules

ABBREVIATED EXPRESSIONS

Article 1

In these Rules:

“Fast-Track Procedure” means the fast-track intellectual property dispute resolution procedure set out in these Rules;

“Claimant” means the party initiating the Fast-Track Procedure which may be an Exhibitor or a Non-exhibitor;

“Respondent” means the Exhibitor against which the procedure is initiated, as named in the Request for a Fast-Track Procedure;

“Exhibitor” means an entity contracting with SingEx for the exhibition of items at a trade and/or consumer fair organized or managed by SingEx;

“Non-exhibitor” means a third party which is not an Exhibitor and which initiates the Fast-Track Procedure in accordance with these Rules and has signed the Model Submission Agreement;

“Submission Agreement” means an agreement by a Non-exhibitor to submit to a Fast-Track Procedure all or certain claims against a Respondent that have arisen or that may arise between them that fall within the scope of these Rules as set out in Article 2 during a trade and/or consumer fair organized or managed by SingEx, and which shall be in the form of the Model Submission Agreement made available by the Center and signed by a Non-exhibitor;

“Expert Panelist” means the sole panelist appointed by the Center;

“Chairperson” means the person or persons appointed by the Center to assist the Center in the administration of the Fast-Track Procedure;

“SingEx” means SingEx Exhibitions Pte. Ltd or its related corporations (within the meaning of the Singapore Companies Act). SingEx is the organizer or event manager of trade and/or consumer fairs. SingEx will perform the tasks stated in these Rules at the trade and/or consumer fairs organized or managed by SingEx;

“WIPO” means the World Intellectual Property Organization;

“Center” means the WIPO Arbitration and Mediation Center.

Words used in the singular include the plural and vice versa, as the context may require.

SCOPE OF APPLICATION OF RULES

Article 2

(a)      In accordance with the Exhibition Space Contract provided by SingEx, disputes between Exhibitors as well as Exhibitors and Non-exhibitors occurring during and at the premises of a trade and/or consumer fair shall be settled in accordance with these Rules, as in effect on the date of the commencement of the Fast-Track Procedure.

(b)      The scope of application of these Rules is limited to disputes relating to the alleged infringement of copyright, trademarks, design rights, unfair competition or passing off.

(c)       The scope of application of these Rules does not include disputes relating to patents.

(d)       Decisions rendered pursuant to Article 19 of these Rules shall be recognized as binding and enforceable with immediate effect during and at the premises of the trade and/or consumer fair.

Article 3

These Rules shall govern the Fast-Track Procedure, except that, where any of these Rules is in conflict with a relevant provision of Singapore law from which the parties cannot derogate, that provision of Singapore law shall prevail.

COMMENCEMENT OF THE FAST-TRACK PROCEDURE

Filing a Request for a Fast-Track Procedure

Article 4

The Claimant shall file the Request with the Center and with SingEx for transmission to the Expert Panelist.  The Request shall be filed in writing at the earliest by 1pm on the day before the beginning of the trade and/or consumer fair and at the latest by 1pm on the next to last day of the trade and/or consumer fair. A request filed after 1 pm is deemed to have been filed the next day, at the time of opening of the exhibition. The Model Request shall be used for Requests.

Request

Article 5

The Request for a Fast-Track Procedure shall contain

(a)   a demand that the dispute be referred to the Fast-Track Procedure under the Fast-Track Procedure Rules;

 (b)   the names, addresses and telephone, e-mail or other communication references of the parties;

(c)   a statement of the facts and legal arguments supporting the claim, such as extracts from national or international registers proving the rights under Singapore law, and including a statement of the relief sought;

(d)   documentary evidence upon which the Claimant relies, such as photographs taken from the allegedly infringing items shown at the trade and/or consumer fair by Respondent; and

(e)   proof of payment of the fees mentioned in Article 25.

In case the Request is filed by a Non-exhibitor, the Request shall also contain the signed Model Submission Agreement.

Answer to the Request

Article 6

(a)    Upon receipt of the Request, the Expert Panelist shall inform the Respondent at the inspection of Respondent’s stand, as provided for in Article 7, of the introduction of the Fast-Track Procedure against the Respondent.

(b)    The Respondent shall be presented the Claimant’s Request and it shall be given the opportunity to provide an Answer to the Request including arguments in defense of any of the elements in the Request. For this purpose the Respondent shall use the Model Answer to the Request.

(c)    The Answer to the Request shall contain:

i.    the names, addresses and telephone, e-mail or other communication references of the Respondent;

ii.   a statement of the facts and legal arguments supporting the Answer to the Request, such as extracts from national or international registers proving the rights under Singapore law and documentary evidence.

(d)   The Respondent shall provide the Expert Panelist in writing or orally with its Answer to the Request within four [4] exhibition hours of the trade and/or consumer fair following receipt of the information about the Request.

Inspection of Respondent’s Stand

Article 7

(a)   For the purposes of Article 6 (a) and (b), and in order to obtain additional information, the Expert Panelist may inspect the Respondent’s stand and may order the Respondent, or the person present at the Respondents stand, to make available all items for inspection.

(b)   The Expert Panelist may collect evidence by, inter alia, taking photographs of the exhibition samples, and by collecting such samples.

(c)   The Expert Panelist may order the Claimant to be present during the inspection of the Respondent’s stand and available for questions and clarifications.

(d)   A written record including the parties’ statements may be prepared by the Expert Panelist and signed by the Claimant and the Respondent.

Provisional Removal of Items

Article 8

The Expert Panelist may decide whether, after the inspection, the Respondent shall remove the disputed items and refrain from selling such items until it issues its final decision. If the Respondent refuses to remove such items, the Expert Panelist may request SingEx to execute or effect compulsory removal of the contested items.

Representation

Article 9

The parties may be represented by persons of their choice, irrespective of, in particular, nationality or professional qualification. The parties shall communicate the names, addresses and telephone, e-mail or other communication references of any representative to the Expert Panelist.

COMPOSITION AND ESTABLISHMENT OF THE EXPERT PANELIST

List of Candidates

Article 10

(a)   The Center shall invite candidates to act as Expert Panelist for disputes under these Rules. The Expert Panelist shall be a lawyer qualified under Singapore law with experience in intellectual property matters.

(b)   The Center shall maintain a list of candidates together with a statement of each candidate’s qualifications and experience.

(c)   Before the commencement of a specific trade and/or consumer fair, the candidates for the appointment shall communicate to SingEx and the Center their availability to conduct and complete the procedure within the periods of time referred to in these Rules.

Appointment of the Expert Panelist

Article 11

The Expert Panelist will be appointed by the Center from the list of candidates mentioned in Article 10(b).

Impartiality and Independence

Article 12

(a)   The Expert Panelist shall be impartial and independent.

(b)   The prospective Expert Panelist shall, before accepting appointment in a specific case, disclose to the Center and SingEx any circumstances that might give rise to justifiable doubt as to its impartiality or independence, or confirm in writing that no such circumstances exist.

Acceptance

Article 13

The candidates shall communicate their acceptance to act as Expert Panelist in a specific case in writing to the Center and to SingEx. For this purpose the candidates shall use the Model Statement of Acceptance and Declaration of Impartiality and Independence.

Replacement of the Expert Panelist

Article 14

(a)   If the Expert Panelist discloses to the Center and SingEx, at any stage during the Fast-Track Procedure, circumstances that might give rise to justifiable doubt as to its impartiality or independence, the Expert Panelist shall immediately be released from appointment.

(b)   The Center will then appoint a replacement Expert Panelist from its list of candidates mentioned in Article 10(b).

(c)   Whenever another candidate is appointed, it shall, having regard to any observations of the parties, determine in its sole discretion whether all or parts of any prior part of the Fast-Track Procedure are to be repeated.

CONDUCT OF THE FAST-TRACK PROCEDURE

General Powers of the Expert Panelist

Article 15

(a)   Subject to Articles 3 and 13, the Expert Panelist may conduct the Fast-Track Procedure in such manner as it considers appropriate.

(b)   In all cases, the Expert Panelist shall ensure that the parties are treated with equality and that each party is given an adequate opportunity to present its case in accordance with the Rules.

(c)   The Expert Panelist shall ensure that the Fast-Track Procedure takes place with due expedition.

(d)   The Expert Panelist may refuse admission of complex cases, in particular such involving complex technical matters.

Language of Proceedings

Article 16

Unless otherwise agreed by the parties, the language of the proceedings shall be English.

Default

Article 17

(a)   The Expert Panelist may proceed with the Fast-Track Procedure and make the decision if the Respondent, without showing good cause, fails to avail itself of the opportunity to present its case in accordance with Article 6.

(b)   If a party, without showing good cause, fails to comply with any provision of, or requirement under, these Rules or any direction given by the Expert Panelist, the Expert Panelist may draw the inferences therefrom that it considers appropriate.

Chairperson

Article 18

(a)   The Center will appoint the Chairperson for a one-year period.

(b)   The Center and the Expert Panelist may consult with the Chairperson on specific issues raised by the Center or the Expert Panelist. Any views expressed by the Chairperson shall not however affect the Expert Panelist’s power to make its decision in accordance with these Rules. When contacted by the Center or the Expert Panelist, the Chairperson shall disclose to them and to SingEx any circumstances that may affect its impartiality or independence in a specific case.

DECISIONS

Decisions

Article 19

(a)   In the event that the Expert Panelist decides that the Exhibitor is infringing upon the rights of the Claimant mentioned in Article 2(b), the Expert Panelist may, inter alia, order the removal of the disputed items, signage or advertisement from a stand (or a relevant section thereof), order the cessation of any sales or continued display of the disputed items, or order the closure of a stand during the duration of the trade and/or consumer fair. The Expert Panelist may also issue a recommendation to SingEx not to admit the Respondent as an Exhibitor at future trade and/or consumer fairs.

(b)   The Expert Panelist may make its decision subject to such conditions it considers appropriate.

(c)   The Expert Panelist shall not have the power to order the payment of damages.

Form and Notification of Decisions

Article 20

(a)   The Expert Panelist’s decision shall be in writing and state the reasons upon which it relies.

(b)   The decision shall be signed by the Expert Panelist.

(c)   The decision shall be notified by the Expert Panelist to the parties, SingEx and the Center in a number of originals sufficient to provide one for each party, SingEx and the Center.

Laws Applicable to the Substance of the Dispute

Article 21

The Expert Panelist shall decide the substance of the dispute in accordance with Singapore law unless the parties have chosen a different law or rules of law to govern the dispute in which case the Expert Panelist shall apply that law or rules of law chosen by the parties.

Time Period for Delivery of the Decision

Article 22

(a)   The Expert Panelist shall make its decision and notify it in accordance with Article 20 within 24 hours of the receipt of the Request.

(b)   At the request of the Expert Panelist or on its own initiative, the Center may, in exceptional circumstances, extend the time limit set out in paragraph (a) of this Article.

Effect of Decision

Article 23

(a)   By agreeing to these Rules, the parties undertake to carry out the decision immediately and without delay.

(b)   If the Respondent refuses to comply with the Expert Panelist’s decision or an executed cease and desist declaration, the Expert Panelist may request SingEx to enforce the decision immediately during the trade and/or consumer fair.

Settlement

Article 24

(a)   The Expert Panelist may suggest that the parties explore settlement at such times as the Expert Panelist may deem appropriate.

(b)   If, before the decision is made, the parties agree on a settlement of the dispute, the Expert Panelist shall terminate the Fast-Track Procedure and, if requested jointly by the parties, record the settlement in the form of a consent decision. The Expert Panelist shall not be obliged to give reasons for such a decision.

(c)   The consent decision shall be made and notified in accordance with Article 20.

Fees and Costs

Article 25

(a)    The Request shall be subject to the payment to the Center of a fixed fee by the Claimant in the amount of SGD 3,500 in order to cover the costs of the Fast-Track Procedure which includes the Expert Panelist’s fees (SGD 2,000), SingEx’s administrative fees (SGD 500), the Center’s fees (SGD 500) and the Chairperson’s fees (SGD 500).

(b)   No action shall be taken by the Center, SingEx or the Expert Panelist until the SGD 3,500 fixed fee has been paid.

(c)   In case of a decision in favor of the Claimant, the Claimant shall be entitled to be reimbursed the fixed fee from the Respondent.

(d)   In case of a decision in favor of the Respondent, the Claimant shall bear the costs of the procedure referred to in Article 25(a).

(e)   The Respondent, after being informed about the introduction of the Fast-Track Procedure against it pursuant to Article 6, may sign a cease and desist declaration, within two (2) exhibition hours after this notification. For this purpose the Respondent shall use the Model Cease and Desist Declaration.

(f)   If the Respondent signs a cease and desist declaration pursuant to Article 25(e), it shall pay the amount of SGD 1,000 to the Claimant. The Claimant shall be entitled to be reimbursed SGD 2,500 of the fixed fee paid pursuant to Article 25(a) from the Center while the remaining SGD 1,000 will be shared equally between SingEx and the Expert Panelist.

(g)   The Expert Panelist may apportion the costs of the Fast-Track Procedure between the parties in light of all the circumstances of the case and the outcome of the procedure, and in particular in case of settlement of the dispute in accordance with Article 24.

Availability of Arbitration

Article 26

A party may only challenge the Expert Panelist’s decision by submitting a Request for Arbitration within 60 days of the date of its communication to the parties, to be determined by arbitration in accordance with the WIPO Expedited Arbitration Rules. The place of arbitration shall be Singapore. The language to be used in the arbitral proceedings shall be English. Notwithstanding anything to the contrary in Article 55(a) and (b) of the WIPO Expedited Arbitration Rules, the Tribunal shall decide the substance of the dispute in accordance with Singapore law unless the parties have chosen a different law or rules of law to govern the dispute in which case the Tribunal shall apply that law or rules of law chosen by the parties, and the law applicable to the arbitration shall be the Singapore International Arbitration Act. If a party does not challenge the Expert Panelist’s decision within the time and in the manner as aforesaid, the decision shall, for the avoidance of doubt, be treated as final and binding.

MISCELLANEOUS

Confidentiality

Article 27

The Expert Panelist, SingEx, the Chairperson, the Center and the parties shall maintain the confidentiality of information, submissions and evidence to the extent that they describe information that is not in the public domain, except to the extent necessary in connection with the procedures mentioned in Article 26.

Exclusion of Liability

Article 28

Except in respect of deliberate wrongdoing, the Expert Panelist, SingEx, the organizer of the trade and/or consumer fair, the Chairperson and the Center shall not be liable to a party in an way (particularly for loss of profit) for any act or omission in connection with the Fast-Track Procedure.