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Intellectual Property, sign represented graphically capable of…

- - - - IPOS Preliminary Examination
        
        Publication (asap after 18 months)
        
        Applicant requests for Search + Further Examination
        
        Registrar issues Notice of Eligibility
        
        Applicant requests, Registrar issues, Certificate of Grant
        
        Patent valid for 20 years
        
        Starting from date of filing
        
        If, unresolved Objections
        
        Registrar issues NOI to refuse patent application
        
        If still unresolved, Registrar issues Notice of Refusal
        
        Applicant files appeal to HC
  - - - Windsurfing 4-Step Test
        An improvement from prior art vs invention that is non-obvious to a person who is skilled in the art in the technological field of the invention.
        
        obvious --> not inventive
        
        not obvious --> inventive
    - - A: "state of the art"
        
        all matter before priority date of invention X
        a. priority date = date of patent application; or
        b. priority date = date of earlier patent filed in Paris Convention / WTO member in the last 12 months.
        
        that is made available to public
        
        Grace Period Exceptions S14(4)
        (-) Disclosures within the past 12 months
        a. in BOC or unlawfully
        b. at international exhibition
        c. to a learned society
        etc
      - B: Does invention form state of the art from the POV of a person Skilled in the Art?
        (note: not an expert)
        
        Skilled person restricted from reading prior art collectively rather than individually.
        
        If prior disclosure enables disclosure of Invention X, then X is already state of the art
  - - - Destroy infringing product
      - Damages OR AOP
        
        Transaction, instrument or event must be registered for Damages or AOP (s75)
        If person becomes the proprietor or exclusive licensee of patent through a transaction (like an assignment, license, or court order), must register the transaction to claim remedies for any subsequent infringement of the patent.
      - Injunction against DF
      - Declaration off patent validity + infringement
    - - non-commercial purpose
        
        experiments
        
        medical preparation based on doctor's prescription
        
        acts for marketing approval
        
        importing or using a patented pharmaceutical product for a patient, with consent of patent holder
      - vehicles accidentally in SG
        
        ships temporarily in SG
      - DF not aware that patent existed
        
        PF no damages / AOP claimable
  - - - 3P may apply to revoke a patent on these grounds:
        
        not patentable
        
        unclear specification
        
        specification goes beyond patent application
        
        correction made to patent shld not hv been allowed
        
        patent obtained w fraud / misrep / non-disclosure
        
        overlap: multiple patents for same invention having same priority date and filed by same person.
        
        Process
        
        Apply for revocation
        
        Counter-statement + Opportunity to amend specification
        
        Evidence by revocation applicant
        
        Evidence by patent owner
        
        Evidence in reply by revocation applicant
        
        Effect = patent was never granted
- - - - (b) Non-distinctiveness
      - (c) Descriptive
      - (a) Does not meet 3 TM criteria
      - (d) Customary Signs
    - - Requirement 2: Similar G&S
        
        Look at the TM specifications
        
        NICE classification
        
        Similarity of how goods/services are regarded in trade: British Sugar
      - Requirement 3: If 1 and 2 met, is Public Confusion Likely?
        
        For opposition, compare full range of actual and notional fair use of both parties (cf infringement)
      - Requirement 1: Similar Earlier Mark - registered or not
        
        Visual (eye)
        
        Aural (ear)
        
        Conceptual similarities
  - - - Deemed to never have been made
    - - UNLESS use takes place after 5 years but 3+ months before application for revocation // preparation
      - Mark revoked with effect from the 1st day after end of 5-years of non-use
  - - - Successful Opposition = TM application refused
      - Failed Opposition = TM can be registered
        
        2B: Exclusive rights: s26
        
        Use / Authorise others to use
        
        Relief infringement
        
        s30 Disclaimed or limited registrations
        
        Note: Must register assignments and licence of TM for the interest to be effective against conflicting interests
  - - - Use Earlier Than Claimant’s Date of Registration of TM or First Date of Use
      - Another registered mark
      - Descriptive Use
      - fair use in comparative commercial advertising or promotion
        
        non-commercial purpose
        
        news reporting or news commentary
      - Use of Own name or Place or Business
    - - MR Defence: Accused no knowledge/ no reason to believe that proprietor/licensee did not consent to use of the TM
      - 3-step staywell test.
        
        Unlike an opposition claim, compare the full range of notional fair uses of the PF's mark against the actual use of the DF's mark
    - - Damages OR AOP OR Statutory Damages (s31(4))
        
        Unless Damages + AOP for residual profits appropriate (s31(3))
      - Injunction
- - - - Reproduce, publish, perform, communicate, adapt, rent
        
        Life of author + 70 years: s114
    - - Reproduce, publish, communicate
        
        Life of author + 70 years: s114
    - - Reproduce, publish, rent, communicate
        
        If published < 50 years after it was made, 70 years from the end of the year it was first PUBLISHED
        
        Otherwise, 70 years from the end of the year it was MADE
    - - Reproduce, publish, screen it, communicate
        
        If published < 50 years after it was made, 70 years from the end of the year it was first PUBLISHED
        
        If published > 50 years after making, but made avail to public, 70 years from the end of the year it was FIRST MADE AVAILABLE TO PUBLIC
        
        Otherwise, 70 years from the end of the year it was MADE
  - - - 6 year time bar
      - Permitted Uses
        
        Fair Use (s190-194)
        note: still requires sufficient acknowledgement etc.
        
        Criticism or Review (s192)
        
        Partial copying for research or study (s194)
        
        Reporting news (s192)
        
        Use of protected work in other fairly-used work used in criticism / review (s193)
    - - Act / Authorise doing of act in Singapore +
        
        Not copyright owner
        
        Substantiality rule: The thinner the copyright protection, the more substantial the copying must be
        
        Causative link between PF's copyrighted work and DF's work
        
        Identify right infringed
    - - Sells, Let for hire, Distribute, Exhibition of the copyrighted thing
    - - Delivery Up Order
      - Disposal Order
      - Damages OR Statutory Damages OR AOP
      - Injunction