IPOS’ Enhanced Mediation Promotion Scheme (EMPS)

In a bid to encourage mediation as a dispute resolution alternative, the Intellectual Property Office of Singapore (“IPOS”) has extended and further enhanced its Mediation Promotion Scheme until 31 March 2022 (or until such available funding is drawn down, whichever is earlier).

Regardless of the outcome after mediation, the EMPS provides parties funding of up to $10,000 per case involving Singapore IP rights, and up to $12,000 per case if the case also involving foreign IP rights. This funding covers the following:

1)    Mediation service provider’s fees;

2)    Mediator’s fees; and

3)    Up to 50% of mediation-related lawyer or agent fees (including mediation-related disbursements).

Fastest fingers first

The $180,000 budget that has been set aside to support the EMPS will be disbursed among approximately 15 cases until it is drawn down. As such, if you want to resolve your IP disputes amicably at the lowest cost, don’t sleep on it.

How to apply for the EMPS?

If both you and your counterparty are open to reasoning out your dispute, you may simply:

1. Instruct your lawyers with writing into IPOS to inform them of your intention to apply for the EMPS.

2. Submit the dispute before IPOS to mediation under your preferred mediation service provider.

3. Submit the EMPS application form to IPOS within 1 month from the date of the payment receipt from the mediation service provider or your lawyer or agent, whichever is later.

Featured Case

We at That.Legal LLC are specialised in resolving Intellectual Property disputes. In fact, in 2019, we were involved in the first-ever successful mediation under the EMPS (that was cross-border to boot). We represented Mr Suravit Kongmebhol in a trade mark related dispute against Aftershokz LLC, a New York-based company (Case reference [2019] SGIPOS MED 1), and the result of the mediation was very satisfying to all parties. This case has been featured by IPOS as one of the only worldwide cases, “where parties with IP issues were able to amicably resolve their differences through mediation”.

Of the successful mediation, Mr Kongmebhol said,

“I am very glad that mediation in Singapore has helped us resolve the existing disputes and achieved a win-win outcome for all parties”.

Aftershokz, LLC’s Mr Wan Jingchun, IP Manager and Ms Daisy Gong, IP Consultant commented,

“The success of the mediation is very significant to us. Apart from settling existing disputes, the settlement ensured the protection of our company’s brand image and the rapid development of our business in Southeast Asia.”

We leave you with the words of IPOS themselves:

“Consider mediation for your IP disputes. Especially with the availability of funding under EMPS, there is little to lose and much to gain.”

If you have any questions regarding IP Dispute Resolution, or simply want to know more about IP Protection, Exploitation and Management, do drop us an email at ask@that.legal and #LetsTalkAboutYourChallenge.

This post does not constitute legal advice or a legal opinion on any matter discussed and, accordingly, it should not be relied upon. It should not be regarded as a comprehensive statement of the law and practice in this area. If you require any advice or information, please speak to a practicing lawyer in your jurisdiction. No individual who is a member, partner, shareholder or consultant of, in or to any constituent part of That.Legal LLC accepts or assumes responsibility, or has any liability, to any person in respect of this post.