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P. Sivakumar

Director

+65 6394 7856

siva@brlawcorp.com

Practice Areas

Corporate Law
Commercial Transactions
​Intellectual Property
Technology
Sports and Media

Career and Experience

LLB (Hons), University of Singapore (1990)
​
Admitted to: Singapore Bar (1991)

Selected Activities

Member of:
- Asian Patent Attorneys Association (APAA)
- The Federation Internationale Des Conseils En Propriete Industrielle (FICPI)
- The Association of Singapore Patent Agents
- The American Intellectual Property Law Association (AIPLA)
- International Trademark Association
​
He has authored a number of articles on Intellectual Property matters for international intellectual property law journals and is also the author of the Singapore chapter of Worldwide Trade Secrets Law published by Clark Boardman Callaghan and the author of the Singapore chapter on International Agency and Distribution Law (a compilation of the laws of a number of countries) and the Singapore chapter of International Franchising Law both published by Matthew Bender.​
P. Sivakumar has been in practice for more than 25 years. He is an Advocate & Solicitor of the Supreme Court of Singapore and a registered Singapore Patent Agent. He is a Fellow of the Chartered Institute of Arbitrators (U.K.) and a member of the Singapore Institute of Arbitrators.​
His practice specialties are corporate and commercial law, intellectual property, information technology and media, insurance, employment, immigration and tax law.

He is also involved in commercial litigation and international and domestic arbitration and has represented a diverse array of local and multinational clients in civil litigation and arbitration.

In his corporate and commercial practice he has been involved in advising on mergers and acquisitions as well as in providing tax advice relating to investment structures and business operations.

He has advised on block chain technology related matters as well as rendered opinions on coin offerings.

He has advised high net worth individuals and families on legal issues related to wealth planning and the setting up of trusts and family offices.  

He has advised on various aspects of corporate governance issues including anti-trust, consumer protection and product liability. He has conducted programs for clients including financial institutions relating to personal data protection and privacy. He has advised on the sale and purchase of businesses and shares and has drafted documentation of various types of corporate financing structures for various clients including banks.

Sivakumar was the lead counsel in the first trade mark opposition case heard by the highest court in Singapore and was lead counsel in the first patent infringement case under the new Singapore Patents Act before the highest court in Singapore. His experience in patent infringement litigation caused him to propose changes to the Singapore Rules of Court governing patent litigation and he was invited by the Rules Committee of the Supreme Court to sit in a sub-committee of the Rules of Court Working Committee to propose new rules governing patent litigation in Singapore. The new rules have since been adopted in Singapore.

Aside from contentious matters, Sivakumar also assists his clients in the drafting and review of their agreements relating to commercial transactions and intellectual property, including distributorships, franchises and licensing.

He has organised programs to conduct full audits of their intellectual property rights to advise them on how best to safeguard, exploit and enforce those rights. He also regularly advises clients on anti-counterfeiting campaigns.

Sivakumar has been involved in advising local and multinational companies on various aspects of employment law including the drafting of template employment contracts as well as individualised employment contracts for key appointment holders. In addition, he has created employment policies and manuals for use by the human resource departments of various companies. He has regularly advised on breaches of employment contract and has represented employers in legal proceedings in the Singapore courts in relation to breaches of trade secrets and breaches of the duty of good faith and fidelity. He has also regularly advised clients on the secondment of employees to other countries.

Sivakumar has been a speaker at various conferences and forums on legal issues both locally and overseas.

Reported cases

  • Mohsin Abdullah Alesayi v Brooks Exim Pte Ltd [1993] 2 SLR(R) 558
  • Abdul Mutaif Bin Sultan v Surya Abbas Syauta and Others [1993] SGHC 182
  • Re Venice-Simplon Orient Express Inc [1994] 2 SLR(R) 664
  • Kellogg Co v Pacific Food Products Sdn Bhd [1998] 2 SLR(R) 144
  • Kellogg Co v Pacific Food Products Sdn Bhd [1998] 3 SLR(R) 904
  • Radcoflex Australia Pty Ltd and Another v James Lim Hwa Chin and Another [2000] SGHC 96
  • Merck & Co Inc v Pharmaforte Singapore Pte Ltd [2000] 2 SLR(R) 708
  • Atlas Vending Pte Ltd v Pepsico Inc [2001] SGIPOS 3
  • Potomac Tobacco Company Limited v Ritkam Trading & Manufacturing Pte Ltd [2002] SGIPOS 10
  • Asian Aisle Pte Ltd v Ricegrowers Co-operative Limited [2002] SGIPOS 7
  • Cocon Food Industries Sdn Bhd v Conoco, Inc [2003] SGIPOS 11
  • Smile Inc Asia Pte Ltd v Britesmile International Ltd [2004] SGIPOS 1
  • First Principal Financial Planning Pte Ltd v Principal Financial Group, Inc [2004] SGIPOS 11
  • Trek Technology (Singapore) Pte Ltd v FE Global Electronics Pte Ltd and others and other suits [2005] 3 SLR(R) 389
  • Pacific Rim Industries Inc. v Valentino Globe B.V. [2008] SGIPOS 6
  • Trident Pharm Pte Ltd v Yong Pei Pei Tracey and another [2015] CA 67/2014

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