If someone is copying your work, your mark, or your product
If you’re reading this late, you’ve probably just found a competitor using your logo with the colours slightly shifted, or a website has ripped your product photos straight off your store, or a supplier you used to work with is now selling a lookalike of your flagship item. It’s frustrating, and the first instinct is to post about it online. Don’t.
I’m Roy. I handle civil litigation at A.W. Law LLC in Chinatown. I’ve worked on ICC arbitrations, High Court minority oppression matters, and complex civil disputes where careful evidence handling mattered. IP infringement cases turn on the same discipline.
This page is for you if you own a brand, a creative work, or an invention and someone in Singapore is copying it. The first 10 minutes are free, and nothing commits you.
What IP infringement in Singapore actually is
Intellectual property infringement is the unauthorised use of someone else’s registered or protected IP. Singapore has four main types of IP, each with its own governing law and forum:
- Trademarks. Words, logos, shapes, and colours that identify your brand. Governed by the Trade Marks Act. Registered at the Intellectual Property Office of Singapore (IPOS). Lasts 10 years, renewable.
- Copyright. Original literary, artistic, musical, dramatic, and other creative works, plus software and databases. Governed by the Copyright Act 2021. Protection is automatic from creation. Lasts the author’s life plus 70 years.
- Patents. New, inventive, and industrially useful inventions. Governed by the Patents Act. Registered at IPOS after examination. Lasts 20 years.
- Registered designs. New aesthetic features of a product’s shape or ornamentation. Governed by the Registered Designs Act. Registered at IPOS. Lasts up to 15 years.
Alongside these, Singapore common law recognises passing off, which protects unregistered marks and trade get-up, and the Copyright Act protects unregistered creative works automatically.
Two main forums handle IP disputes in Singapore:
- IPOS hearings. Trademark oppositions, revocations, invalidations, and patent validity challenges. Faster and cheaper than court.
- The High Court of Singapore. Infringement suits, damages, and injunctions. For civil disputes with higher value, this is the forum.
The remedies available:
- Injunction. An order stopping the infringer from continuing.
- Damages or account of profits. Either your loss or their profits, not both.
- Statutory damages. For certain trademark and copyright claims, a set amount per work or mark infringed, without needing to prove actual loss. Current cap is S$200,000 in total.
- Delivery up or destruction. Of the infringing stock or masters.
When it’s right to take action
Before I take on a matter, I ask a few questions:
- Is your IP registered? Registered trademarks, patents, and designs are far stronger and cheaper to enforce than unregistered rights. If your mark isn’t registered, we often recommend filing at IPOS alongside the cease-and-desist letter.
- Is the infringement ongoing? If it’s a one-off incident that’s already stopped, damages may be limited. If it’s ongoing and growing, we move faster, sometimes with an interim injunction.
- How strong is your evidence? Screenshots with URLs and timestamps, test purchases, dated advertising, sales records, and witness statements. The case is only as strong as the paper trail.
- Is the infringer worth suing? A Singapore-incorporated competitor with real assets is enforceable. An anonymous overseas e-commerce seller may not be. We’ll say so honestly.
The three patterns we see most:
- The copycat product. A competitor has launched something that looks, feels, or is marketed too much like yours. Trademark, copyright, passing off, and registered design claims often run together.
- The copied content. Marketing material, blog posts, photos, or software lifted from your website and used on another. Copyright infringement, often resolved quickly with a cease-and-desist.
- The ex-employee or ex-supplier. Someone who had access to your confidential information or designs is now using them. IP claims usually run alongside breach of confidence, breach of contract, and restraint of trade arguments. See Breach of Contract and Contract Disputes.
A note on threats: under the Trade Marks Act and the Patents Act, Singapore has a “groundless threats” provision. If you send a threatening letter that isn’t backed by a valid claim, the target can sue you. That’s why a properly drafted cease-and-desist matters.
What to expect, honestly
How long it takes.
A cease-and-desist letter is usually answered within 2 to 4 weeks. Many matters close here. An IPOS opposition or revocation takes 12 to 18 months to a hearing decision. A High Court infringement suit runs 12 to 24 months to trial, sometimes longer if there are expert witnesses or cross-border issues. An interim injunction to stop infringement pending trial can be applied for within weeks if the case is strong.
How much it costs.
A flat-fee cease-and-desist letter runs S$1,000 to S$3,000, depending on complexity and whether we also file a trademark application. An IPOS opposition or revocation typically costs S$8,000 to S$25,000. A full High Court infringement suit runs S$50,000 to S$200,000 or more. Disbursements for expert evidence, investigators, and IPOS fees run on top. Fees are capped in writing stage by stage. The 10-min IP Infringement Discovery Session is free.
What’s the hard part.
Two things.
One, proving the infringement. Screenshots alone aren’t enough. We usually need dated purchases, notarised exhibits, and sometimes a private investigator to trace the source. Getting this right early saves legal fees later.
Two, the overseas element. A lot of Singapore infringement originates from overseas marketplaces. Enforcement against a local reseller or platform is usually possible. Going after the overseas source involves extra jurisdictional work and may not be worth it for smaller matters.
How we handle IP infringement at A.W. Law
A few things we do differently:
- Cease-and-desist priced flat. So the cost is known before anything goes out.
- IPOS and High Court both handled. We choose the forum that fits the matter, not the one we’re more familiar with.
- Letters in simple terms. The letter that lands on the infringer’s desk reads clearly. That matters for getting a quick resolution.
- Evenings on WhatsApp. We reply on weekdays until 10pm, which matters for business owners who see infringement after office hours.
- Honest calls. If the mark isn’t registered and registration is the cheaper path, we’ll say so and handle the application first.
We’re at 133 New Bridge Road, #20-03 Chinatown Point. Two minutes’ walk from Chinatown MRT, Exit E.
What happens next
If someone is copying your brand, your work, or your product, the next step is simple. Book a free 10-min IP Infringement Discovery Session using the form on this page, or WhatsApp us using the button.
Nothing commits you. Most sessions end with a short list: the registrations to check at IPOS, the evidence to gather, and a clear view of whether a cease-and-desist, an IPOS filing, or a High Court suit is the right first step.
