In a recent copyright infringement case in Singapore, the High Court has ordered a local Network Service Provider (NSP) to furnish Japanese Anime copyright owners with the Internet Protocol (IP) addresses of the NSP’s subscribers who had illegally downloaded Anime titles. Anime refers to a distinct type of cartoon animation originating from Japan.

The facts of the case are rather interesting. The case was filed by licensee Odex Pte. Ltd. (“Odex”), a Singapore company (and not the licensor/copyright owner). Odex is licensed to distribute various Anime titles in Singapore.

In its Statement of Claim, Odex requested that the NSP release the IP addresses of subscribers who were downloading Anime titles illegally. However, it was unsuccessful in obtaining the IP addresses as it was determined that Odex was not an exclusive licensee in Singapore.

Odex subsequently appealed with Anime copyright owners joining as parties to the application.

The High Court ruled that Odex was not the right party to make the court application. Interestingly, the High Court ruled that the NSP must provide the details of downloaders to the actual copyright owners.

We would strongly recommend that our clients who have licensed their copyrights, patents, trademarks or designs in Singapore revisit their license agreements, particularly on issues of who should be parties in litigation before taking any legal action against any other parties.

Our Regional Office in Singapore, KASS Regional IP Services Pte. Ltd. can assist you with any request or enquiry that you may have on any Singapore IP matters. We also coordinate and advise on all IP prosecution, enforcement and litigation matters in South East Asian region. Please do not hesitate to contact our Singapore Office at ipr@kass.com.sg