Virtual Map v SLA: Copyright Infringement Appeal - Leave to Appeal Denied
Virtual Map (Singapore) Pte Ltd appealed a High Court decision affirming a District Court ruling that it infringed Singapore Land Authority's (SLA) copyright by reproducing SLA's street directory and address point vector data in its online maps. The Court of Appeal struck out Virtual Map's notice of appeal because it did not obtain leave to appeal as required under s 34(2)(a) of the Supreme Court of Judicature Act, since the original claim was commenced in the District Court. The court also denied Virtual Map's application for leave to appeal, finding no merit in its arguments.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
SLA’s application to strike out the Notice of Appeal is allowed with costs, and VM’s application for leave to appeal against the Judge’s decision is dismissed with costs.
1.3 Case Type
Intellectual Property
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The Court of Appeal denied Virtual Map's application for leave to appeal a copyright infringement decision, finding no grounds for appeal.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Virtual Map (Singapore) Pte Ltd | Appellant, Respondent | Corporation | Appeal Dismissed | Lost | Low Chai Chong, Mark Jerome Seah, Alvin Lim Jun Hao |
| Singapore Land Authority | Respondent, Applicant | Statutory Board | Application to Strike Out Notice of Appeal Allowed | Won | Dedar Singh Gill, Tang Li Ling Yvonne |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Sek Keong | Chief Justice | No |
| Andrew Phang Boon Leong | Justice of the Court of Appeal | Yes |
| V K Rajah | Justice of the Court of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Low Chai Chong | Rodyk & Davidson LLP |
| Mark Jerome Seah | Rodyk & Davidson LLP |
| Alvin Lim Jun Hao | Rodyk & Davidson LLP |
| Dedar Singh Gill | Drew & Napier LLC |
| Tang Li Ling Yvonne | Drew & Napier LLC |
4. Facts
- Virtual Map (VM) provides online maps and related services.
- Singapore Land Authority (SLA) sued VM for copyright infringement.
- SLA and VM were previously parties to licensing agreements.
- SLA terminated the licensing agreements.
- SLA claimed VM's online maps reproduced SLA's copyrighted works.
- The District Court found VM had infringed SLA's copyright.
- The High Court affirmed the District Court's decision.
5. Formal Citations
- Virtual Map (Singapore) Pte Ltd v Singapore Land Authority, OS 561/2008, CA 55/2008, SUM 2056/2008, [2009] SGCA 2
6. Timeline
| Date | Event |
|---|---|
| SLA gave VM 30 days’ notice to terminate the licence agreements. | |
| The licence agreements came to an end. | |
| SLA demanded that VM cease using materials that contained reproductions of SLA’s works. | |
| Copyright suit commenced in the District Court. | |
| District Court found VM liable for copyright infringement. | |
| High Court affirmed the District Court's decision and dismissed VM’s appeal. | |
| VM applied to the Judge for leave to appeal. | |
| The Judge dismissed VM's application for leave to appeal. | |
| VM filed a notice of appeal against the Judge’s decision. | |
| SLA applied to strike out the Notice of Appeal. | |
| Judgment reserved. |
7. Legal Issues
- Leave to Appeal
- Outcome: The court held that leave to appeal was required and denied the application for leave.
- Category: Procedural
- Sub-Issues:
- Interpretation of s 34(2)(a) Supreme Court of Judicature Act
- Amount or value of subject matter at trial
- Grant of leave to appeal
- Copyright Infringement
- Outcome: The court upheld the lower court's finding of copyright infringement.
- Category: Substantive
- Sub-Issues:
- Copying of maps
- Street directory vector data
- Address point vector data
- Nature of copying
- Altered copying
- Test of substantiality for altered copying
- Right to Appeal
- Outcome: The court clarified the application of s 34(2)(a) and the principle of one tier of appeal as of right.
- Category: Jurisdictional
- Sub-Issues:
- One tier of appeal as of right for civil cases
- Legislative intention of s 34(2)(a) Supreme Court of Judicature Act
- Application of s 34(2)(a) to claims commenced in the High Court
8. Remedies Sought
- Injunction
- Delivery up and/or destruction of infringing materials
- Damages
9. Cause of Actions
- Copyright Infringement
10. Practice Areas
- Intellectual Property Litigation
- Commercial Litigation
11. Industries
- Technology
- Mapping
- Online Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Singapore Land Authority v Virtual Map (Singapore) Pte Ltd | District Court | Yes | [2007] SGDC 216 | Singapore | Affirmed by the High Court; sets out the detailed facts and the District Court's findings of copyright infringement. |
| Virtual Map (Singapore) Pte Ltd v Singapore Land Authority | High Court | Yes | [2008] 3 SLR 86 | Singapore | Affirmed the District Court's decision on copyright infringement; central to the appeal. |
| Tan Chiang Brother’s Marble (S) Pte Ltd v Permasteelisa Pacific Holdings Ltd | Court of Appeal | Yes | [2002] 2 SLR 225 | Singapore | Interpreted s 34(2)(a) of the Supreme Court of Judicature Act regarding the amount or value of the subject-matter at trial. |
| Teo Eng Chuan v Nirumalan V Kanapathi Pillay (No 2) | Court of Appeal | Yes | [2003] 4 SLR 442 | Singapore | Reiterated the interpretation of s 34(2)(a) of the Supreme Court of Judicature Act and clarified its scope. |
| Abdul Rahman bin Shariff v Abdul Salim bin Syed | Court of Appeal | Yes | [1999] 4 SLR 716 | Singapore | Clarified that the amount in dispute does not include non-contractual interest and costs. |
| Spandeck Engineering (S) Pte Ltd v Yong Qiang Construction | Court of Appeal | Yes | [1999] 4 SLR 401 | Singapore | Defined 'trial' to include any judicial hearing. |
| Hailisen Shipping Co Ltd v Pan-United Shipyard Pte Ltd | Court of Appeal | Yes | [2004] 1 SLR 148 | Singapore | Addressed whether leave to appeal is required when no monetary value can be placed on the subject matter; distinguished in the present case. |
| Virtual Map (Singapore) Pte Ltd v Suncool International Pte Ltd | High Court | Yes | [2005] 2 SLR 157 | Singapore | Referenced regarding the amount VM spent developing its maps, but no evidence was adduced. |
| Cheong Ghim Fah v Murugian s/o Rangasamy (No 2) | High Court | Yes | [2004] 3 SLR 193 | Singapore | Cited regarding the penalty in costs for a plaintiff who unreasonably inflates his claim. |
| Lee Kuan Yew v Tang Liang Hong | Court of Appeal | Yes | [1997] 3 SLR 489 | Singapore | Established the three limbs for granting leave to appeal. |
| IW v IX | Court of Appeal | Yes | [2006] 1 SLR 135 | Singapore | Reaffirmed the three limbs for granting leave to appeal. |
| Designers Guild Ltd v Russell Williams (Textiles) Ltd | House of Lords | Yes | [2000] 1 WLR 2416 | United Kingdom | Discussed the test of substantiality in cases of 'altered copying'. |
| Ladbroke (Football) Ltd v William Hill (Football) Ltd | Unknown | Yes | [1964] 1 WLR 273 | Unknown | Cited in the District Court decision as an example of normal copying. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Section 34(2)(a) Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
| Copyright Act (Cap 63, 1999 Rev Ed) | Singapore |
| Subordinate Courts Act (Cap 321, 1999 Rev Ed) | Singapore |
| Companies Act (Cap 50, 2006 Rev Ed) | Singapore |
| Trade Marks Act (Cap 332, 2005 Rev Ed) | Singapore |
| High Court (Admiralty Jurisdiction) Act (Cap 123, 2001 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Copyright infringement
- Street directory vector data
- Address point vector data
- Licence agreements
- Leave to appeal
- Substantial reproduction
- Altered copying
- Fingerprints of copying
- GPS survey
- Section 34(2)(a) Supreme Court of Judicature Act
15.2 Keywords
- Copyright
- Infringement
- Appeal
- Leave to appeal
- Virtual Map
- Singapore Land Authority
- Mapping data
16. Subjects
- Copyright
- Civil Procedure
- Appeals
- Jurisdiction
17. Areas of Law
- Copyright Law
- Civil Procedure
- Appeals
- Courts and Jurisdiction