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Intellectual Property (Copyrights: Protects the expressions of ideas…
Intellectual Property
Copyrights: Protects the expressions of ideas
Conditions
Connection between the creator and Singapore
Fall under these categories:
(a) Classical Work
(b) Entrepreneurial rights
(c) Live Performances
Rights
Duration
Copyright infringement
Primary
Secondary
Remedy
Damages / Account of profits
Injunction
Order for Delivery Up to Plantiff
Defences: Fair Dealing (Section 35)
Trademark: Sign or mark use to distinguish goods
Uses of trademark
Registration
Criteria:
Distinctive
Capable of distinguishing
Graphically represented
Trademark Infringement
Identical sign and identical good and services used
Identical sign and similar goods and service used
Similar sign and identical/similar goods and services used
Remedies
Damages or accounts of profits
Order to remove
Injunction
Order to deliver up
Law of Confidence: Protects information and Ideas
(Prince Albert v Strange)
Elements
Information must have been received in the relationship of confidence
Must be unauthorized use of information received
Information must have quality of confidence
Remedies
Damages
Accounts of profits
Injucntion
Passing Off: Reputation and Goodwill
Elements
Misrepresentation leading to confusion (Reckitt & Colman Ltd v Borden Inc)
Misrepresentation is made in the course of trade to customers or to ultimate customers (Wombles Ltd v Wombles Skips Ltd)
Business goodwill in Singapore attached to goods/services
Damage
Remedies
Damages
Injunction