Show Menu
Cheatography

Intellectual Property Law Cheat Sheet (DRAFT) by

Law

This is a draft cheat sheet. It is a work in progress and is not finished yet.

Law of Confidence

Quality of Confidence
Relation of Confidence
Unauth­orised use of inform­ation
Inform­ation must NOT be trivia (Must be confid­ential)
Obligation of confid­ence?
'public interest' defence
Ideas can be protected as long as it is suffic­iently developed to be saleable and is able to be realised
Government Secrets, Trade Secrets, Personal Inform­ation, Artistic & Literary inform­ation
Anton Pillar order - order made against defendant to allow a plaintiff to enter the defendant premises and remove documents or evidence which are essential to the legal procee­dings

Registered Designs

What is a design?
Features of shape, config­ura­tion, pattern or ornament applied to anm article by industrial process
What can be regist­ered?
Any design which is new (Novel)
What cannot be regist­ered?
'Must fit' / 'Must Match' / Computer program
Defences?
If the person was not aware of the registered design, then no account of profits/ damages
 

Trademark

Elements
Absolute Grounds for Refusal
Relative Grounds for refusal
Capable of being repres­ented graphi­cally
Not distin­ctive
Trademark is identical to compet­itor's earlier trademark & deal in the same course of trade
capable of distin­gui­shing goods and services with or provided in the course of trade
Consists exclus­ively of signs of kind,q­ual­ity­,in­tended purpose, vcalue, geogra­phical origin, time of produc­tion, charac­ter­istics
Trademark is identical to compet­itor's current one
From goods and services provided by any other person
Consists exclus­ively of signs or indica­tions which are customary in current language or trade
Trademark conflicts with well known ones (doesnt have to be in same course of trade but the well known one has to prove that there is confusion in the public)
Honest concurrent use - mark will not be refused on grounds of S8 if applicant is honest concurrent user.

Both marks have been in use for a similar period of time, no intention of part of concurrent user to take unfair advantage of the applicant mark

Law of Passing Off

Elements
Defences
Goodwill (within country)
No damage/ likelihood of damage
Defendant made a misrep
Public havent heard of plaintiff
Misrep is made in the same course of trade
Public havent head of Defendant
Misrep must/ is likely to cause damage
Public is not confused between the 2 products
 

Patents

Requir­ements?
Novelty (new, not made public)
Inventive Step (cannot be obvious) - Test is whether a person skilled in he art would say that the invention is obvious
Industrial Applic­ation (can be indust­rially manufa­ctured & used)
For the patent applic­ation, there must be clear and complete disclosure

Patent Infrin­gement

What consti­tutes patent infrin­gement
What are the Defences?
Disposing of/ use/ import/ keeping produt
Done privately & not for commercial purposes
Using/­off­ering process for use in SG when he knows that the use without the consent would be an infrin­gement
Experi­mental purpose
Disposing of/ use/ import/ keeping of any product obtained directly by means of patented process
For a medicine in accordance with a prescr­iption
 
consists of use on aircraft, hovercraft or vehicle
 
Prior use defence (need in good faith)
 

Copyright

What can be Copyri­ghted?
Connecting factors for protection in SG
Literary Work
Work is first published in SG
Dramatic Work
Author is Singap­orean/ ordinarily resident
Artistic Work
Musical Work

Copyright Infrin­gement

Primary
Secondary
Fair Dealing defence
eg. making an unauth­orised copy of a book
eg. selling an unauto­rised copy of a book
Research and study
   
Criticism and review
   
Reporting current events