Where a person, by means of circulars, advertisements or otherwise, threatens another person with an action or proceeding in respect of an infringement of copyright, then the person aggrieved may bring an action against the first person.

In defence, the first person has to satisfy the court that the acts in respect of which the action or proceeding was threatened constituted, or, if done, would constitute, an infringement of copyright.

The remedies available in such an action are:

(1)A declaration to the effect that the threats are unjustifiable.

(2)An injunction against the continuance of the threats.

(3)Damages from any loss and damage sustained.

This article is intended to provide a general guide to the subject matter and should NOT be treated as legal advice. Specific legal advice should be sought by you about your particular case and special circumstances.

For further information/enquiries, please contact:

Mr TAN Bok Hoay or Mr Simon SEOW
Donaldson & Burkinshaw
24 Raffles Place
#15-00
Clifford Centre
Singapore 048621
SINGAPORE

Tel: (65) 533 9422
Fax: (65) 533 7806

You may also wish to read through related material on Intellectual Property matters in Singapore provided by Donaldson & Burkinshaw. You can view the entire archive via the Internet on Business Monitor Online (http://www.businessmonitor.co.uk), or via your online provider by entering "Donaldson & Burkinshaw" and "Business Monitor" as a free text search.