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Intellectual property 2 (Trademark (Infringement (Remedies (injunction,…
Intellectual property 2
Trademark
sign or a mark used by a trader in the course of their business or trade to distinguish their goods from those of other traders.
sign
any letter, word, name, signature, numeral, device, brand, heading, label,ticket, shape, colour, aspect of packaging or any combination of these.
need not be visually perceptible,
must still be
“graphically represented”
Reasons for using trademark
product differentiation.
brand recognition
promote brand loyalty
advertising or public perception.
signify quality, goodwill.
Registration
owner of the mark who is also a trader, manufacturer or retailer.
10 years, no renewal limit
Rights
Use
Licence
Authorise others to use by assigning or selling
Take infringement proceedings
Criteria
Distinctive
Capable of distinguishing the goods or services of owner
Infringement
Remedies
injunction
damages or account of the profits
an order to remove infringing sign
order to deliver up infringing copies
A sign identical to a registered trademark or identical goods and services is used
A sign identical to a registered trademark on similar goods and services is used
A sign similar to a registered trademark on identical or similar goods and services is used and there is likelihood of confusion
Identical: exactly the same
Similar: alike
Exception
“honest concurrent” use
symbols
® registered trade mark.
™ trade mark not registered yet but there is a claim to a
proprietory right.
Passing off
Elements
Business goodwill in Singapore attached to the goods/ services
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
Damage
Remedies
Damages
Injunction\
Reputation
Goodwill
situation the Defendant in the course of trade, misrepresents goods so that their customers believe those goods are actually the goods of another (the Plaintiff). What the Defendant has done is injure the business of the Plaintiff, and cause actual damage to the Plaintiff’s business goodwill.
Confidential information
Law of confidence
covers obligations not to reveal information the public does not have access to.
Types
Trade secrets
Government secrets
Personal information
Artistic and literary information
Elements
Coco v Clark
the information must have the quality of confidence
the information must have been received in a relationship of confidence
there must be unauthorised use of the information received
Remedies
Injunction
Damages
Account of profit
protects the idea itself