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Intellectual Property (Copyright (Remedies (Damages or Accounting of…
Intellectual Property
Copyright
protects creative works
2 conditions
categories
Classical works
Entrepreneurial rights
Live Performances
work must have some connection between the
author/creator and Singapore.
Types of Infringement
Primary Infringement
Secondary Infringement
Remedies
Damages or Accounting of Profit
Injunction
Order for Delivery Up to Plaintiff
Trademarks
protects reputation and goodwill
Trade Mark Infringement
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
Remedies
an injunction against the infringer
damages or an account of the profits
an order to remove the infringing sign
an order to deliver up the infringing copies
Passing Off
protects reputation and goodwill
Elements of Passing Off
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
Confidential Information
protects information and ideas
Elements of Breach of Confidence
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 profits