Alterm Consortech v Public Prosecutor: Copyright Infringement in Termite Control Specifications
Alterm Consortech Pte Ltd, Chew Choon Ling Michael, and Teng Siew Chin appealed against their convictions in the Magistrate's Court for offences under the Copyright Act. The charges, brought by Cheng Wai Meng of Termi-mesh Singapore Pte Ltd, concerned alleged copyright infringement of termite control specifications and drawings. Choo Han Teck J of the High Court allowed the appeals, finding the charges flawed and dismissing the convictions. The court ordered that the fines be refunded.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeals allowed and convictions dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Alterm Consortech, Chew Choon Ling Michael, and Teng Siew Chin appealed convictions for copyright infringement related to termite control specifications. The High Court allowed the appeals, dismissing the convictions.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal Upheld | Lost | |
| Alterm Consortech Pte Ltd | Appellant | Corporation | Appeal Allowed | Won | |
| Chew Choon Ling Michael | Appellant | Individual | Appeal Allowed | Won | |
| Teng Siew Chin | Appellant | Individual | Appeal Allowed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
4. Facts
- Alterm Consortech, Chew Choon Ling Michael, and Teng Siew Chin were charged with copyright offences.
- The charges related to the Termi-mesh specification and markings on construction drawings.
- Cheng Wai Meng, managing director of Termi-mesh Singapore Pte Ltd, brought the charges.
- The appellants allegedly obtained the documents from architects and contractors.
- The specifications used by Alterm Consortech differed from those of Termi-mesh Singapore Pte Ltd.
- Teng Siew Chin was merely an employee with no proven involvement in the alleged offences.
5. Formal Citations
- Alterm Consortech Pte Ltd v Public Prosecutor and other appeals, Magistrate's Appeals No 194, 195 and 196 of 2011, [2013] SGHC 189
6. Timeline
| Date | Event |
|---|---|
| Complainant compared drawing P7 with specifications of TSPL, P4, discovering alleged breaches. | |
| Magistrate's Appeals No 194, 195 and 196 of 2011 filed. | |
| Judgment reserved. | |
| High Court allowed the appeals and dismissed the convictions. |
7. Legal Issues
- Copyright Infringement
- Outcome: The court found the charges flawed and dismissed the convictions.
- Category: Substantive
8. Remedies Sought
- Fines
- Conviction
9. Cause of Actions
- Copyright Infringement
10. Practice Areas
- Copyright Infringement
- Criminal Appeals
11. Industries
- Pest Control
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Copyright Act (Cap 63, 2006 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Copyright Act
- Termi-mesh
- Specifications
- Construction drawings
- Copyright infringement
- Termite control
- Private summonses
15.2 Keywords
- Copyright
- Infringement
- Termite control
- Alterm Consortech
- Public Prosecutor
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Copyrights | 90 |
| Criminal Law | 10 |
16. Subjects
- Copyright
- Intellectual Property
- Criminal Law