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Intellectual Property Law - Coggle Diagram
Intellectual Property Law
What is IP?
Intellectual Property (IP) refers to creation of the intellect and the rights that a creator has over his creation.
Intellectual Property Rights (IPR) 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, the IP owner.
Protection of IPR
IPR protected under Common Law:
1) Passing Off
2) Law of Confidence
IPR protected under Statute:
1) Copyright
2) Trade Marks
3) Patents
4) Registered Designs
Registration required:
1) Trade Marks
2) Patents
3) Registered Designs
Registration not required:
1) Copyright
2) Passing Off
3) Law of Confidence
Applicable Laws:
1) Common Law and Statutes
2)Berne Convention for the Protection of Literary and Artistic Works
3) The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (1994) of the World Trade Organisation.
4)Other international conventions.
Copyright
a) The right to prevent others from copying.
b) Protect 'original works'.
c) Copyright Act (Cap.63).
d) Work must be original & expressed in a tangible form such as in writing or a recording.
e) Copyright protects the expression of an idea and not the idea itself.
The symbol © is an indication of copyright.
It is not necessary to use the symbol to get copyright.
Why should you use the symbol?
In case you sue somebody for copyright infringement, it stops the other party from claiming that they didn't know the material was copyright protected.
How is Copyright acquired?
Automatically conferred on the author as soon as the work is created and fixed in material or tangible form.
No copyright registration in Singapore.
-However in some countries such as Canada, USA. It is possible to register one's copyright.
Owner of Copyright
Usually the author/ creator
Exceptions:
Commissioned Work
Created while employed
Copyright can be assigned by contract
Assignee acquires the rights
Copyright protects 'Original' works.
Must not be slavish copies (exact replicas)
If there is substantial changes that the 'copy' looks like a different work, copyright might be awarded.
However it depends on the court's executive decision.
To obtain copyright in Singapore, original works must satisfy 2 conditions
1a. Classical Work
Literary work
Dramatic work
Musical work
Artistic work
1b. Entrepreneurial rights
People who turn the classical works into movies or sounds and those who broadcast these works.
Connection between author & Singapore
Author must be SG citizen/ PR (unpublished work)
Author must be SG citizen/ PR and work must be first produced in SG (published work)
What rights does copyright owner have?
For literary, dramatic, musical works
reproduce the work in a material form
publish the work
perform the work in public
communicate the work to the public
make an adaptation of the work
to do all of the above with the adaptations
Artistic works
reproduce the work in material form
publish the work
communicate the work to the public
convert from 2D to 3D and vice versa
Duration of copyright
Classical works:
Lifetime of creator + 70 years
If work is published after creator's death, 70 years after work is revealed.
Entrepreneurial rights:
70 years from end of year of publishing
TV, radio:
50 years
Published work:
25 years
Copyright Infringement is a "strict liability" situation:
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.
Secondary infringement
When a person sells or hires out for purposes of trade, articles which that person knows or ought to know are infringing articles.
Remedies for Copyright infringement:
Damages or Accounts of Profits ($$)
Injunction (stop an action)
Order for Delivery Up to Plaintiff (infringer to surrender all infringing items to copyright owner for destroy.)
Defences for copyright infringement
Fair dealing:
Limited copying for the purposes of
Education, research and study
Criticism or review
Current events
Judicial process, giving legal advice
Back-up copy of an original program
Not more than one chapter/ article, 10% of work.
Creative commons Copyright licenses
CC BY
CC BY-SA
CC BY-NC