In the bustling environment of intellectual property (IP) and technology disputes within the ASEAN region, the WIPO-Singapore ASEAN Mediation Programme (AMP) stands as a beacon of efficiency and cooperation. Launched as a partnership between the World Intellectual Property Organization (WIPO) and the Intellectual Property Office of Singapore (IPOS), AMP offers a conciliatory pathway to resolve conflicts through mediation rather than litigation. Designed to address the nuanced challenges of the ASEAN IP ecosystem, the programme champions collaboration, expedience, and cost-effectiveness, fostering an environment where businesses can innovate without the overhang of prolonged disputes.
Key outcomes of the Programme
AMP addresses the growing demand for alternative dispute resolution (ADR) in IP and technology disputes. It provides a cost-effective and accessible alternative to litigation, helping to preserve critical business relationships in a region reliant on international collaboration. By reducing costs, time, and adversarial tensions, AMP fosters an environment where innovation and cooperation can thrive.
The programme has successfully delivered on these objectives by resolving disputes efficiently and promoting cooperative relationships. Mediations under AMP have demonstrated substantial savings in time and costs, while maintaining confidentiality and reducing adversarial outcomes. Parties have benefited from tailored solutions that protect their business interests, reflecting AMP’s commitment to fostering sustainable outcomes. Additionally, by supporting training for young mediators, AMP ensures long-term benefits for businesses across the region.
A summary of key cases below highlights how these objectives were met.
1. The Beauty Nation Pte. Ltd. v. Kiong Onn Medical Hall Pte. Ltd.
In October 2024, a long-standing dispute between The Beauty Nation Pte. Ltd. and Kiong Onn Medical Hall Pte. Ltd. found resolution in mediation. The dispute stemmed from the alleged misuse of trademarks linked to health products marketed under renowned brand names like “Root King”, “Vitroman”, “Miri” and “Quan Wei.” Held in a single intensive session, the mediation lasted 15 hours and saw both sides move from entrenched positions towards mutual understanding. The mediator’s skillful reframing and emphasis on constructive dialogue allowed the parties to craft a settlement that preserved their commercial interests while avoiding costly litigation.
2. Lee Mei Lie t/a CY Education Centre v. Fun with Abacus School Pte Ltd
An educational dispute between two providers of abacus classes — Lee Mei Lie t/a CY Education Centre and Fun with Abacus School Pte Ltd — came to a successful close through mediation in September 2024. The conflict arose when Fun with Abacus claimed trademark infringement in promotional materials issued by CY Education Centre. After an initial exchange of legal correspondence, the mediation session, lasting just under eight hours, facilitated a breakthrough. The bilingual mediator employed a structured process with joint and private sessions, enabling both parties to directly address misunderstandings. This open communication, combined with a focus on their shared interests, paved the way for a harmonious resolution.
3. Gromark Consumers Enterprise Pte Ltd v. Universe Kingdom Pte Ltd
In a succinct but impactful mediation session, Gromark Consumers Enterprise Pte Ltd and Universe Kingdom Pte Ltd resolved their trademark dispute in July 2024. The issue revolved around Universe Kingdom’s alleged infringement of Gromark’s “CRYSTAL TOMATO” trademark for skincare products. Both parties had previously attempted settlement but clashed over an alleged breach of the earlier settlement agreement. The mediator navigated the entrenched positions with finesse, conducting private caucuses that clarified priorities and explored creative solutions. Within three hours, the parties reached a settlement that saved time, costs, and the potential escalation of their conflict.
4. Fun Toast Pte. Ltd. v. Fun Tea Pte. Ltd.
The mediation between Fun Toast Pte. Ltd. and Fun Tea Pte. Ltd., held in July 2024, tackled a trademark dispute rooted in a dissolved joint venture. With both parties claiming ownership of the "Fun" trademarks, emotions ran high during the session, which stretched late into the night. To ease the tensions, the mediator introduced innovative techniques, including visualisation exercises, to encourage flexibility. Private caucuses allowed each party to re-evaluate their positions without the pressure of confrontation. By the early hours of the next day, both sides had arrived at a balanced agreement that addressed both parties’ interests.
5. Captain K F&B Management Pte. Ltd. v. En Dining Bar Holdings Pte. Ltd.
December 2023 saw the successful mediation of a branding clash between two prominent restaurant operators, Captain K F&B and En Dining Bar Holdings. The dispute centred on the use of the term “En” and their related devices in their respective trademarks, raising concerns of customer confusion. Guided by a mediator who encouraged open communication, the parties engaged in a day-long process of discussions and private caucuses. A critical turning point came during a candid face-to-face exchange between parties’ representatives, facilitated by the mediator, which helped humanise the conflict. By the end of the session, the parties had signed a settlement agreement, marking a win-win outcome for both.
6. Chew’s Optics v. Chew’s Optics (Bishan) and Chew’s Optics (Kovan)
In October 2023, the mediation between Chew’s Optics and its offshoots in Bishan and Kovan addressed allegations of unauthorised trademark use following the alleged expiry of a licensing agreement. The case carried an air of familial tension, adding complexity to the proceedings. Despite initial resistance to compromise, the mediator employed reframing techniques and visual aids to steer discussions towards commercial realism. Over an eight-hour session, the parties worked through their grievances to arrive at a settlement. The agreement not only resolved the immediate trademark issues but also avoided long-drawn and acrimonious proceedings in the context of their quasi-familial dispute, highlighting the broader benefits of mediation.
Concluding Insights
The WIPO-Singapore ASEAN Mediation Programme underscores the transformative potential of mediation in a region as diverse and dynamic as ASEAN. By focusing on understanding, mutual gain, and expedient resolution, AMP not only resolves present disputes but also sets a precedent for a more cooperative regional IP landscape. The lessons from AMP highlight the importance of empathy, cultural sensitivity, and commercial realism in dispute resolution. As AMP continues to grow, it not only resolves disputes but also nurtures a stronger, more cohesive ASEAN economic community.
For a more detailed summary of the mediations above, please visit IPOS’s compendium of mediation cases [PDF].