Global Yellow Pages v Promedia: Copyright Infringement & Fair Dealing in Directory Publishing
Global Yellow Pages Ltd sued Promedia Directories Pte Ltd in the High Court of Singapore, alleging copyright infringement in its directories. Promedia counterclaimed, alleging anti-competitive practices and fair dealing. Jeyendran Jeyapal AR struck out parts of Promedia's counterclaim related to the Competition Act but allowed Promedia to amend its defense regarding fair dealing under the Copyright Act. The court ordered Promedia to pay costs to Global Yellow Pages.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Plaintiff's application allowed in part; Defendant's oral application to amend paragraph 9(v) allowed.
1.3 Case Type
Intellectual Property
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Global Yellow Pages sued Promedia for copyright infringement. The court addressed competition law and fair dealing defenses, striking parts of Promedia's counterclaim.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Promedia Directories Pte Ltd | Defendant | Corporation | Oral application to amend paragraph 9(v) allowed | Partial | |
| Global Yellow Pages Ltd | Plaintiff | Corporation | Application allowed in part | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Jeyendran Jeyapal | Assistant Registrar | Yes |
4. Counsels
4. Facts
- Global Yellow Pages claimed copyright ownership of subscriber information in its directories.
- Promedia Directories allegedly reproduced Global Yellow Pages' directories in its own publications.
- Global Yellow Pages received daily updates of subscriber information from Singtel and Starhub.
- Promedia argued it could not obtain the same information from Singtel and Starhub.
- Global Yellow Pages applied to strike out portions of Promedia's defense and counterclaim.
- Promedia claimed Global Yellow Pages engaged in anti-competitive practices.
- Promedia argued its copying constituted fair dealing under the Copyright Act.
5. Formal Citations
- Global Yellow Pages Ltd v Promedia Directories Pte Ltd, Suit No 913 of 2009/R; Summons No. 156 of 2010/D, [2010] SGHC 97
6. Timeline
| Date | Event |
|---|---|
| Global Yellow Pages incorporated as Yellow Pages (Singapore) Pte Ltd | |
| Global Yellow Pages listed on the Singapore Stock Exchange | |
| Global Yellow Pages renamed Global Yellow Pages Limited | |
| Suit No 913 of 2009/R filed | |
| Summons No. 156 of 2010/D filed | |
| Judgment reserved | |
| Decision Date |
7. Legal Issues
- Copyright Infringement
- Outcome: The court did not make a final determination on copyright infringement but allowed the defendant to amend its pleadings to argue fair dealing.
- Category: Substantive
- Fair Dealing
- Outcome: The court allowed the defendant to amend its pleadings to include a defense of fair dealing.
- Category: Substantive
- Anti-Competitive Conduct
- Outcome: The court struck out the defendant's pleadings related to anti-competitive conduct, ruling that such claims must first be brought before the Competition Commission of Singapore.
- Category: Substantive
8. Remedies Sought
- Injunction
- Damages
9. Cause of Actions
- Copyright Infringement
10. Practice Areas
- Intellectual Property Litigation
- Commercial Litigation
11. Industries
- Publishing
- Telecommunications
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| RecordTV Pte Ltd v MediaCorp TV Singapore Pte Ltd & Others | High Court | Yes | [2009] SGHC 287 | Singapore | Cited regarding the balance between public benefit and copyright holder interests in fair dealing. |
| Aztech Systems Pte Ltd v Creative Technology Ltd | High Court | Yes | [1996] 1 SLR(R) 683 | Singapore | Cited to support the argument that the defence of fair dealing is not excluded in every case where the purpose of the copying may be categorised as being of a commercial nature. |
| Suiker Unie and Others v Commission | European Court of Justice | Yes | [1975] ECR 1663 | European Union | Cited for the definition of concerted practices. |
| T-Mobile Netherlands BV and Others v Raad van bestuur van de Nederlandse Mededingingsautoriteit | European Court of Justice | Yes | [2009] ECR 0000 | European Union | Cited for the definition of concerted practices. |
| The Community v Interbrew NV and others (re The Belgian Beer Cartel) | European Court of Justice | Yes | [2004] CMLR 2 | European Union | Cited to show that the concepts of agreement and concerted practice are variable and may overlap. |
| Re Certain Pest Control Operators in Singapore | Competition Commission of Singapore | Yes | [2008] SGCCS 1 | Singapore | Cited to show that the concepts of agreement and concerted practice are variable and may overlap. |
| Active Timber Agencies Pte Ltd v Allen & Gledhill | High Court | Yes | [1996] 1 SLR(R) 478 | Singapore | Cited for the essence of the rule in O18 r19. |
| The Osprey | Court of Appeal | Yes | [2001] 1 SLR(R) 281 | Singapore | Cited for the definition of reasonable cause of action. |
| RecordTV Pte Ltd v MediaCorp TV Singapore Pte Ltd & Others | High Court | Yes | [2009] 4 SLR(R) 43 | Singapore | Cited for the definition of scandalous, frivolous or vexatious. |
| Chee Siok Chin v Minister for Home Affairs | High Court | Yes | [2006] 1 SLR(R) 582 | Singapore | Cited for the definition of frivolous proceedings. |
| Associated Press v United States | US Supreme Court | Yes | 326 U.S. 1 (1945) | United States | Cited to describe undertakings that group together and conduct themselves in an anticompetitive manner. |
| Aspen Skiing Co. v Aspen Highlands Skiing Corp | US Supreme Court | Yes | 472 U.S. 585 (1985) | United States | Cited to show that refusals to deal need not necessarily involve several undertakings, but could simply involve one undertaking that holds a dominant position in the market. |
| United States v. Terminal Railroad Association | US Supreme Court | Yes | 224 U.S. 383 (1912) | United States | Cited to show that there could also be situations where cartels form to create a dominant whole of sorts and thereafter, plainly refuse to deal with a potential competitor. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (2006 Rev. Ed), Order 18, Rule 19 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Competition Act | Singapore |
| Competition Act, s 34 | Singapore |
| Competition Act, s 47 | Singapore |
| Competition Act, s 62 | Singapore |
| Copyright Act | Singapore |
| Copyright Act, s 35 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Copyright
- Fair Dealing
- Anti-Competitive Conduct
- Directories
- Subscriber Information
- Competition Act
- Competition Commission of Singapore
- Telecommunications
- Licensees
15.2 Keywords
- Copyright Infringement
- Fair Dealing
- Competition Law
- Directories
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Copyrights | 85 |
| Antitrust and Trade Regulation | 75 |
| Administrative Law | 30 |
| Civil Procedure | 20 |
16. Subjects
- Intellectual Property
- Competition Law