I-Admin (Singapore) Pte Ltd v Hong Ying Ting
[2020] SGCA 32
(c) Reproducing, adapting, disclosing, distributing
and/or being in possession of the Copyright Material for
financial or commercial gain.
10. The [respondents’] infringing acts include the following:
(a) The [first and second respondents] infringed the
[appellant’s] copyright in the Copyright Material by
reproducing, adapting, disclosing, distributing and/or
being in possession of the Copyright Material at least
starting from the period of the [first respondent’s]
employment with the [appellant] or the [second
respondent’s] employment with i-Admin (Shanghai) Ltd;
and
(b) The [third respondent] has since its incorporation in
2011 infringed the [appellant’s] copyright in the
Copyright Material such as by offering sale of products
and/or services through the [third respondent’s] website
… where such products and/or services involve
infringing the [appellant’s] copyright.
32
It is true that para 9(a) for instance, does not specify the manner in and
purpose for which reproduction of the appellant’s materials occurred.
“Reproducing” could therefore encompass a number of possible meanings such
as the storage of a protected work in a computer or any medium by electronic
means (ss 17(a) and 17(b) of the Copyright Act) or the making of a copy
incidental to some other use of the protected work (s 15(1A) of the Copyright
Act). However, this example aside, the general tenor of the appellant’s
pleadings concerns the use of its material for “financial or commercial gain”
(see at para 9(c) of the Statement of Claim). It plainly prioritised its higher level
claim of copyright infringement at the trial.
33
This is also apparent from the manner in which the appellant ran its case
at trial. Its opening statement framed the copyright claim in terms of use of and
access to its confidential materials to develop the third respondent’s own
software and services. Building on this, a significant portion of its closing
submissions addressed the use of its materials “to develop and run [the third
16
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