Lectures 11 & 12 of Business Law
Lectures 11 & 12 of Business Law
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This 31 page Class Notes was uploaded by Jade Notetaker on Saturday October 10, 2015. The Class Notes belongs to at Nanyang Polytechnic taught by in Fall 2014. Since its upload, it has received 17 views. For similar materials see Business Law in Business at Nanyang Polytechnic.
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Date Created: 10/10/15
BMO74Z Revision Lecture BMO742 Business Law AY2014 Semester 1 Lecture 11 Introduction to Intellectual Property Intellectual Property Creations of the mind Treated as property Can be owned sold assigned rented censed Intellectual Property Rights What you can do with it What other people w do with it Types of IP in Singapore Trade Marks Patents Copyright Registered Designs Plant Varieties Layout Designs of Integrated Circuits Trade Marks Trade Marks The RitzCarltn Trade Marks CHEESEtan gas ag E http tmsearchiposgov sgeTMSearcheRegisterSe rvletPOp82284O4122464032033962468344442761408 148043962424143614682ampeRSrchTypeSODampeRTm No35242084228421252084220320012002284114441 362 http tmsearchiposgov sgeTMSearch eRegisterServletO ps304540814681316239214601432128844245472239214364 44434682ampeRSrchTypeSODamp RTmNo340120022363204 32245236422002081296012801403 a Trad Mark A sign used by a person in the course of trade to distinguish his goods and services from those of other traders Can consist of a letter word L name device shape or color suntanme AI ELI WEE r 4 til 1 Can be sold assigned or rented Hcensed Relevant Law Trade Marks Act Protecti l1 ur Trademark Protection is dependent on registration Apply for registration with the Trade Mark Registry at the Intellectual Property Office of Singapore IPOS Protection is territorial in nature For protection outside Singapore must file applications in the countries concerned either individually or through WIPO tion Requirement To register applicant must show that He is already using the mark or has a genuine intention to use it To trade in the goods services applied for Different classes of goods services under the International Classification ofGoods and Services ICGS eg Class 25 Clothing footwear headgear eg Class 32 Beers mineral and aerated waters Marks that do not have a distinctive character eg Registering Wong Descriptive marks Marks which merely indicate the quality quantity or intended purpose of the goods or services eg Registering Super or Best eg Registering BREATH EABLE for sanitary napkins Trade Marks that Cannt be Registere Marks that are exactly the Marks that could cause same as earlier marks for confusion the same category of goods eg registering Leevi s for service jeans Eg Registering Levi s for eg registering Levi s for jeans beachwear or swimwear Deceptive marks Marks which are against Eg Registering FROM public policy or morality DOWN UNDER in Eg Registering respect of goods made in Gambling is Good China GAMBLING IS GOOD Trad Marks Validity period upon registration 10 years Renewable for further periods of 10 years so long as the mark is used by the owner Symbol Indicates that the mark is a registered trade mark protected under the trade mark law Symbol T39V39 Indicates that the mark is used by the company as a trade mark Trade rk Infrin ement Infringement oftrade mark Using a similar or identical sign to trade in similar or identical goods services without the permission oftrade mark owner and the public is likely to be confused Eg setting up a stall selling coffee and toast and putting the Ya Kun Kaya Toast sign on the stall s signboard receipts and in advertisements I Remedies for trade mark infringement An injunction a court order to stop the infringement Account of profits Profits made from the infringement Damages ie monetary compensation Court order for the removal of any infringing sign Court order for the delivery up of infringing goods 39 1E aquot Passin O f a usiness Name To rt of Passing ff ftrade mark is not registered cannot sue for trade mark infringement Business owner must rely on tort of passing off To sue for passingoff following conditions must be satisfied There is goodwill or reputation attached to the Plaintiff s business Misrepresentation by defendant that is goods services are same as Plaintiff s by using similar name logo get UP Plaintiff is likely to suffer loss or damage Remedies for passing off Damages Injunction Account of profits rt of P ssi ng ff Jumbo Seafood Pte Ltd v Hong Kong Jumbo Seafood Pte E 1998 Plaintiff s seafood restaurant Jumbo Seafood Pte Ltd Operating since 1987 at East Coast Park UDMC seafood centre Enjoyed substantial revenue Had many good write ups in the press 1996 Defendant started seafood restaurant business under the name Hong Kong Jumbo Seafood Restaurant Evidence showed that people were confused thought that Defendant s restaurant was related to Plaintiff s Could the Plaintiffs apply to court to stop Defendants from using the name Hong Kong Jumbo Seafood Restaurant Protects inventions Patent owner can stop others from exploiting his invention for the duration of the patent lnven onr Product OR Process Apply with Patent Registry at IPOS to get protection Patent rights are territorial To get protection outside Singapore must file application in countries concerned either individually or through WIPO Patent registration is only valid for 20 years non renewable Relevant law Patents Act Invention must satisfy 3 criteria to be registered lnvention must be new ie Must not be already known to the public in Singapore or anywhere else in the world eg a medicine that can cure AIDS Invention must involve an inventive step ie Must be an improvement over an existing product process which is not obvious to a person skilled in that field Invention must be capable of industrial application ie Capable of physical or practical application Who does the patent belong to The inventor lf product was invented in the course of employment then unless employment contract states otherwise patent belongs to the employer Patent Infringement An invention is used sold or manufactured without the consent of the patent owner while the patent is in force Remedies An injunction to stop further infringement Order for infringing products to be delivered up or destroyed Damages Account of Profits Copyright Exclusive right to reproduce publish perform and communicate various works such as novels computer programs plays etc Protects the expression of ideas and facts Ideas alone are not protected by copynght Protection is automatic so long as the work is original AND is expressed in a tangible m such as a recording or writing Item of property Therefore can be assigned sold or licensed rented out for a fee Relevant law Copyright Act Type of Work Examples Literary Works Dramatic VVorks MusicalWorks Artistic Works Sound Recordings Films Books Newspaper orjournal articles Poems Cataogues Brochures Song lyrics Web pages Computer Programs Scripts for plays and films Musica scores Music ie melody and tunes Paintings Drawings Photographs Scuptures Music and other sounds recorded on tapes CDs etc Films recorded on VCDs DVDs etc Who owns the copyright How long does copyright last Literary dramatic musical and artistic works eg books song lyrics scripts Life of author 70 years Sound Recordings 70 years from year of release Films 70 years from year of release In general author ofthe work The employer where work is created in the course ofemployment unless employment contract states otherwise Sound Recordings Recording Company Films Producer Film Production Company Doing something which only the copyright owner can do without first obtaining his permission Eg Photocopying substantial portions of a book Eg Performing a play in public without permission from the writer ofthe play Eg Making copies of a film Eg Screening a film in public without prior permission Remedies Damages monetary compensation Account of profits Injunction Court order for infringing copies to be forfeited to the plaintiff or to be destroyed THE END
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