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The latest action against the two companies are different, he reiterated.
Lawyer Bryan Tan of Pinsent Masons added that the case would be the “first of its kind”, and it would be interesting to see “what kind of decision the court arrives at”.
Lawyer Gino Singh said trademark cases where a company sues another for selling copied goods are usually fought this way as well, starting from a Magistrate’s Complaint.
“If a settlement agreement is not entered at the mediation stage, then they will have to frame charges,” he said.
When contacted, an employee of An-Nahl said the company no longer has set-top boxes on its inventory, and has returned them to Synnex Trading.
On Thursday, Synnex was still selling the set-top boxes at S9 each.
Previously, set-top boxes – used to stream movies, television shows or sports programmes – had decoded encrypted broadcasts offered by Star Hub.
The sale and distribution of these decoders are illegal under the Broadcasting Act.
This was after the CAP — whose members include major entertainment companies — said the devices facilitate “rampant” piracy in Singapore.Apart from content producers, rights owners of different industries — such as fashion houses or drinks manufacturers for example — have been known to cooperate with one another to bring prosecution against alleged offenders, said Mr Gilbert Leong, a lawyer from Dentons Rodyk.“It shows that as an industry, they are concerned,” he added.To bring about a private prosecution, the complainants would have to go through a few hurdles, including getting a fiat or a permission from the Attorney-General’s Chambers (AGC), said Mr Leong.They have to show that an offence has been disclosed before prosecution can be brought against the defendants.