TS Video v Lim Chee Yong: Copyright Infringement, Discharge Not Amounting to Acquittal
The High Court of Singapore heard an appeal by TS Video and Laser Pte Ltd and TS Entertainment Pte Ltd against the decision to grant a discharge not amounting to an acquittal to Lim Chee Yong, a director of Poh Kim Video Pte Ltd, who initiated a private prosecution for copyright infringement under s 136(1)(b) of the Copyright Act. The appellants were charged with selling and exposing for sale infringing copies of the Pokemon television series. Yong Pung How CJ dismissed the appeal, finding no error in the trial judge's exercise of discretion, emphasizing the public interest in copyright enforcement and the absence of improper motives in the application for discharge.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal against discharge not amounting to acquittal for copyright infringement. The court upheld the decision, emphasizing public interest in copyright.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| TS Entertainment Pte Ltd | Appellant | Corporation | Appeal Dismissed | Lost | |
| TS Video and Laser Pte Ltd | Appellant | Corporation | Appeal Dismissed | Lost | |
| Lim Chee Yong | Respondent | Individual | Discharge Not Amounting to Acquittal Upheld | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Yong Pung How | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kirpal Singh | Kirpal & Associates |
| Lee Teck Leng | Tan Peng Chin & Partners |
4. Facts
- TS Video and Laser Pte Ltd and TS Entertainment Pte Ltd were charged with selling infringing copies of the Pokemon television series.
- Lim Chee Yong, a director of Poh Kim Video Pte Ltd, initiated the private prosecution.
- Poh Kim is the sole agent of United Vision Media Pte Ltd, which holds the exclusive home video license for the Pokemon series in Singapore.
- Trap purchases were carried out at TSE's and TSV's premises.
- A search warrant was obtained, and infringing copies of the Pokemon series were seized from TSV and TSE.
- The Japanese copyright owners were in a legal dispute with Medialink in Hong Kong and were reluctant to get involved.
5. Formal Citations
- TS Video and Laser Pte Ltd v Lim Chee Yong, MA 246/2001, 249/2001, [2001] SGHC 341
6. Timeline
| Date | Event |
|---|---|
| Trap purchase of Pokemon series at TS Entertainment Pte Ltd's premises. | |
| Second trap purchase at TS Video and Laser Pte Ltd's premises. | |
| Premises of TS Video and Laser Pte Ltd and TS Entertainment Pte Ltd raided. | |
| Appeal dismissed. |
7. Legal Issues
- Discharge Not Amounting to Acquittal
- Outcome: The court held that the trial judge had properly exercised his discretion in granting a discharge not amounting to an acquittal.
- Category: Procedural
- Sub-Issues:
- Court's discretionary power to grant discharge amounting to acquittal
- Initial presumption in favour of discharge not amounting to acquittal
- Copyright Infringement
- Outcome: The court acknowledged the seriousness of the charges related to copyright infringement.
- Category: Substantive
- Locus Standi
- Outcome: The court held that the respondent had the locus standi to bring the action as a result of an authorisation granted by the Public Prosecutor.
- Category: Procedural
8. Remedies Sought
- Discharge Amounting to Acquittal
9. Cause of Actions
- Copyright Infringement
10. Practice Areas
- Criminal Law
- Intellectual Property Law
11. Industries
- Entertainment
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| K Abdul Rasheed v PP | High Court | Yes | [1984-1985] SLR 561 | Singapore | Interpreted s 184 of the Criminal Procedure Code regarding discharges and the court's discretion. |
| K Abdul Rasheed v PP | Unknown | Yes | [1985] 1 MLJ 193 | Malaysia | Interpreted s 184 of the Criminal Procedure Code regarding discharges and the court's discretion. |
| Ranjit Kaur d/o Awthar Singh v PP | High Court | Yes | [1999] 1 SLR 836 | Singapore | Accepted Lai J's interpretation of s 184 of the Criminal Procedure Code. |
| Goh Cheng Chuan v PP | Unknown | Yes | [1990] SLR 671 | Singapore | Affirmed the trial judge's unfettered discretion to direct a discharge amounting to an acquittal. |
| Goh Cheng Chuan v PP | Unknown | Yes | [1990] 3 MLJ 401 | Malaysia | Affirmed the trial judge's unfettered discretion to direct a discharge amounting to an acquittal. |
| PP v Mat Radi | Unknown | Yes | [1982] 1 MLJ 221 | Malaysia | Prosecutorial discretion to delegate prosecution. |
| Arjan Singh v PP | Unknown | Yes | [1993] 2 SLR 271 | Singapore | Indefinite apprehension of criminal proceedings is a factor to be weighed. |
| SM Summit Holdings v PP | Unknown | Yes | [1997] 3 SLR 922 | Singapore | Addressed the use of criminal process to obtain evidence for civil proceedings. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| s 184(2) Criminal Procedure Code (Cap 68) | Singapore |
| s 136(1)(b) of the Copyright Act (Cap 63, 1999 Ed) | Singapore |
| s 336(4) and (7) of the Criminal Procedure Code (Cap 68) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Discharge not amounting to acquittal
- Copyright infringement
- Private prosecution
- Locus standi
- Trap purchase
- Public interest
- Prosecutorial discretion
15.2 Keywords
- Copyright
- Infringement
- Pokemon
- Discharge
- Acquittal
- Criminal Procedure
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Copyrights | 90 |
| Criminal Procedure | 80 |
| Criminal Law | 70 |
| Statutory Interpretation | 50 |
16. Subjects
- Criminal Law
- Copyright Law
- Intellectual Property Law
- Criminal Procedure