Founder Institute Singapore - IP (18 May 2010)

8/9/2019 Founder Institute Singapore - IP (18 May 2010)

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INTRODUCTION TO INTELLECTUAL PROPERTYIN SINGAPORE

18 May 2010



Intellectual Property

A protected intellectual asset is “Intellectual Property” or“IP”.

Intellectual property rights are monopoly rights conferredas rewards for making intellectual contributions to society.

Intellectual property rights are territorial. There is nointernational intellectual property protection. Mutualrecognition through treaties and conventions.

Intellectual Property Office of Singapore



Branches of Intellectual

PropertyRights Conferred by Statute

Copyright

Trade Marks

Patents

Registered Designs

Rights Created under Common Law

Passing Off

Law of Confidence



Copyright



Copyright

Singapore copyright law is governed by the Copyright Act (Chapter 63)

As its name suggests, copyright is a right to prevent thecopying of works or other subject matter

Put another way it is a right to prevent the unauthorisedreproduction by a third party of the tangible form in whicha person has chosen to express his ideas, for example in abook, musical composition, theatre or film script, or acinematograph film

Copyright protects the ‘form’ of idea and NOT the ideaitself.



Copyright

(a)Originality

(b) Material Form

(c) Must have a separate existence from function

(d) Connecting factor

(e) 2 broad categories of subject matter which areprotected by copyright



Copyright

Different Categories of Subject Matter

Author’s Works

(i) Literary Works

(ii) Dramatic Works

(iii) Musical Works

(iv) Artistic Works



Copyright

Different Categories of Subject Matter

Subject Matters other than Works / Entrepreneurial Works(1) Sound recordings;(2) Cinematograph films;(3) Television and sound broadcasts; and(4) Published editions of works

No need for originality. These rights subsist quite independently from any

copyright in a work. Practical result : Multiple copyrights in one work

owned by different persons.



Copyright Rights of Monopoly

The owners of copyright in musical works, dramatic works andliterary works (and artistic works*) have the exclusive rights, inrelation to their works to:

Reproduce their work in material form* - eg. DVD;

Publish their work if the work is not published* - disclosingwork to the world;

Perform their work in public - performance;

Communicate the work to the public* - electronic form;

Make an adaptation of their work;

Do any of the above to an adaptation of their work



Copyright

Duration

For author’s works, 70 years from the end of thecalendar year in which the author dies.

However if the work has not during the author’s lifetimebeen published, publicly performed, broadcast, or sold inthe form of records, 70 years does not start running untilthe end of the calendar year in which the first of thoseevents occur

For subject matter other than works, 70 years from theend of the calendar year in which the subject matter ispublished.



Copyright

Ownership

Generally whoever creates a “work” owns it.

Therefore the creators of the literary, dramatic, musical or

artistic work OWN their works UNLESS They created their work under a contract of employment oras a “work for hire”, or where works have been otherwiseassigned to another party by agreement

Importance of intellectual property rights clauses in

agreements. Such clauses can broaden the position under theCopyright Act.



Trade Marks



Trade Marks Under the Trade Marks Act, a “trade mark” means

“any sign capable of being represented graphically and whichis capable of distinguishing goods or services dealt with or

provided in the course of trade by a person from goods or services so dealt with or provided by any other person”

“sign” includes any letter, word, name, signature, numeral,device, brand, heading, label, ticket, shape, colour, sound,aspect of packaging or any combination thereof

Besides brands of products or services, titles, names of

characters, animated characters can also be registered.



Trade Marks

A trade mark is the means by which a businessidentifies goods or services that are made or providedby that business; from the goods and services fromother businesses

Therefore a trade mark is a way by which customersof a business may learn of its products or services; recognise its products or services in the congested

markets; and

recommend products or services which haveimpressed them; or identify those which havedisappointed them



Trade Marks

A trade mark is a “registered trade mark” in Singaporewhen it is registered under the Trade Marks Act (Cap. 332).Registration confers certain monopoly rights.

Registration of a trade mark must be distinguished from

registration of the company’s name at ACRA.Registration of trade marks is administered inSingapore by the Intellectual Property Office of Singapore (‘IPOS’).

obtaining copyright protection over the logo of thecompany. A trade mark is usually attached to goodsand services; whilst copyright must exist in a workwhich shall form “separate matter”.



Trade Marks

The scope of a trade mark registration is determined by the goodsor services in relation to which the trade marks is registered.Under the International Classification of Goods and Services(ICGS), there is a total of 45 classes to register a trade mark.

Common classes for the creative industries: Class 41: entertainment , sporting and cultural activities. Class 9: Software, computer programmes, CD-roms Class 16: printed material, stationery Class 25: clothing, footwear, headgear Class 28: games and play things Class 38 : telecommunications, internet-related services



Trade Marks Duration of 10 years, renewable indefinitely.

Registration is territorial.

Registration outside of Singapore: Individual applications in each country where protection is desired. 6

months priority claim. Madrid Protocol – an international application but in respect of only a

certain number of countries

® indicates that the mark is a registered trade mark and hence protectedunder the trade mark law.

™ is just a symbol used to indicate that the mark is being used by thecompany as a trade mark. It does not denote that the mark is registered.



Thank You!

No part of this talk may be reproduced without permission of Samuel Seow Law Corporation

No part of this talk shall or is intended to take the place of legalconsultation

Samuel Seow can be contacted at

Samuel Seow Law Corporation1, Kim Seng Promenade, Unit15-12, Great World City, Singapore237994 Tel: 6887 3393

Fax: 6887 3303Email: [email protected]

mailto:[email protected]

mailto:[email protected]

Documents

Founder Institute Singapore - IP (18 May 2010)