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Intellectual Property Law (COPYRIGHTS (protects the expression (ie. the…
Intellectual Property Law
Intellectual Property Rights refers to the legal rights conferred on the IP owner. IPR protects the IP from being copied, sold or in any way used by others without either permission from or payment of fees to IP owners.
COPYRIGHTS
protects the expression (ie. the tangible form) of ideas. In order to have copyright to a piece of work, the creator (author) has to do certain acts (eg. publish, reproduce, adapt)
To be accorded copyright, the expression of your idea must be original. This simply means that the work should originate from the author; that it was created with the effort and skill of the creator; that it must not have been copied from another work.
Slavish copy
. eg producing an exact copy of a work does not get a copyright.
Acquiring Copyright
Copyright protection is automatically conferred on the author as soon as an original work or subject matter is created and fixed in a material or tangible form.
Commissioned work
, the party who commissioned the work and not the author is the first owner.
The general rule is that the author/producer etc of the work is the first owner of the copyright.
Classical Works
:
Literary works
; anything in writing. eg, novels, textbooks
Dramatic works
; written choreographies eg, ballet or script for a movie
Musical works
; tunes and musical scores
Artistic works
; painting, sculptures, drawings, photographs
Entrepreneurial rights
; owned by entrepreneurs. They are the people who turn classical work into movies and sounds who then broadcast those works.
Live performance
; plays, dance, puppet shows, circus act but excludes sporting activity, reading news or information, participation as a member of audience, participation in National Day Parade.
Adaptions
are another version of a particular work. For eg, a book in english is the original work. If it is made into a movie, the movie would also be an adaption.
For classicial & entreprenerial rights duration is 70 years.
For TV, Radio and cable the copyright lasts for 50 years from the expiration of the calendar year.
Published edition of work, copyrights last for 25 years.
Copyright Infringement
Primary Infringement
- when a person does any of the acts covered by the exclusive rights given to the copyright owner without the owner's consent. It is still an infringement if only a substantial part but not the whole work has been copied. It is also an infringement by making a 3-D representation from 2-D work.
Secondary Infringement
- when a person sells or hires out for purpose of trade, articles which that person knows or ought to know are infringing articles.
Remedies
Damages or Account of Profits
Injunction
Order for Delivery Up to Plaintiff
Damages would refer to monetary
compensation to the copyright owner for the losses.
Account of profits means to take away from the copyright
infringer any profit they may have made from the infringement
and giving it back to copyright owner.
Order of court to prevent the offender from continuing with or commencing an infringing act. The Plaintiff must show that damages would not be adequate.
Order from the Court to the infringer to surrender all infringing items to the copyright owner so that the infringing items may be destroyed.
Trade Marks
A sign or a mark used by a trader in the course of their business or trade to distinguish their goods from those of others trademarks.
why use trade marks:
Brand recognition
: goods and services of trade mark proprietor are easily recognised by the presence of trade mark.
Product differentiation
: to distinguish goods and services from those of another trader.
Promote Brand Loyalty
. Association is created between them and the reputation, quality and other values of trade mark.
Registration of trade mark with the Intellectual Property Office of Singapore (IPOS) is necessary.
Owner of the mark can be trader, manufacturer or retailer.
Registration of Trade Mark
:
Propriertor of the mark enjoy 10 years of protection.
Owner of registered trade mark has exclusive right to:
use the mark
license the mark
Authorise others to use the trade mark by assigning or selling rights to them
Take infringement proceedings in relation to the goods or services for which the trade mark is registered
For a trade mark to be registered it must be:
Distinctive
and
Capable of distinguishing
the goods or services of the owner from others.
Passing Off
Refers to situation where someone (the Defendant in the tort action), in the course of trade, misrepresents their goods so that their customers believe those goods are actually the goods of another (the Plaintiff)
To succeed in an action for passing off, 4 elements are:
Business goodwill in Singapore attached to the goods/services
Misrepresentation leading to confusion
Misrepresentation is made in the course of trade to customers or to ultimate customers
Damage