A. Brief Introduction of IP Laws and Regulations
There are a number of regimes protecting various kinds of itelletul property (IP) rights in Singapore.The four main types of IP rights that might be relevant to information technology (IT) are patents, trade marks,copynight and confidential information. For the purposes of this soction, IT relates to mators such as social media,online platorms, moble appl cations, computer progams and sofware.
The applicablo legislation and law for the protection of Patents, trade marks, copyright and confidentialinformation are as follows
No IP Right Prlincipal Statute
1 Patents Patonts Act, Chapter 221 of Singapore(PatontsAct)
2 Trade marks Trade Marks Act, Chapter 332 of Singapore (Trade MarksAcr)
3 Copynight CopyightAct, Chapler 63 of Singapore rCopyightAcr)
4 Confdential information Common law
The nellectuael Property Office of Singaporo CIPOST a statutory board under the Singapore Ministry ofLaw,i5 established under the ntellectual Property Office of Singapore Act, Chapter 140 of Singapore, to. among others,administer the systems in Singapore for the protection of IP, promote public awareness and effective useofIPrights, advise and make rocommendations to the Singapore Govemment on matters related to IP and promoteorassist n the devolopment of the prolession of IP agents and IP advisers in Singapore.
For other IP protection in Singapore such as registered designs. plant varieties protection, geographicalindications and layoutdesigns of integrated circuits, please refer to the IPOS wobsito www ipos.gov.sg for detalls
B. Patents
a. Protection and Duration
In Singapore, the Patents Act does not exclude computer software from patent protection. To be protectedby way of a patent under the Patents Act, an invention must be new, involve an inventive step and be capableofindustrial aplication.
Once grantod, the term of a patentis 20 years from the dato of fling. sublect to the payment of annual renewalfees (due after the fourth annversary of the date of fing)
b. Ownership
Any person, either alone or jinty may apply for a patent The right 1o the grant of a patent belongs primanlyto the inventorls However, t may belong to the inventor's employer if the invention was developed during thecourse of the inventor's employment.
As patents and pliaionio for patents are personal propery they can generally be ranstered, asignedormortgaged.
C. Application for Patent Protection in Singapore
The paleltsysteminSingapore prteonafirstol basis The frst person to fle an plpilonil in general. have pioily over others for the same invention Singapore llows pronty claims tobe madeinapeatenpipoporpapeleapplicaion was led erier ina Pars Corvention county or a Word Trade Oranniantiar untryt Onganizalin(CWTO'member county the piantmnay clam this earfir fled pication as prontyinthe subequen ingp ple aplplionn pouded hat ho Sngaprpe plclion s made win imonthntom the date of fling of the oarlier applicaton.
d. Application for Patent Protection Outside Singapore
As eoreprernertePurtCoperntonn TeatyCPCr n nenatona plonoeabelteo with he Rogsty ofPatets. which s under IPOS, to obtain patent potecion to seek patent protection for an invention simultareously in each of a larme ineachofa arge number of counties 1 overseas The PCT makes it possible
C. TradeMarks
a. Protection and Duration
The logo and branding of a mobile pliation, computerprognamor online patom can ossibly be potected 35 a registered trade mark Giene
Sevenl ypsso signs are poltected under the Trade Marks Act as egistered marks are also protected under the Trade Marks Act and they neednotihuenstered trade marks. Well known trade
A trade mark s a sign capable of boing represented need notbe rgstered rado marks n with or provided in the course of trade by one person rom goods or sevices s0 deat withor provided by any otherperson.
Singapore uses the Intemational Ciasihcation of Goods and Services. under the Nice Agreement, to classilytade mark registrations.
Rogistered trade marks remain ffectve for 10 years from the dato of their egistration and may bo renewedfor a Lurther 10-year perlod, subject to payment of a renewal feo.
It is not compulsory to regster a trade mark in Singapore. However, registering a trade mark gives an ownerrights under the Tade Marks Act which llow the owner to sook the full remedos ivalable under the Trade MarksAdt in addition to the control of its use, The owner of an unregistered trade mark Will have to first satisly therequirementsof a wel known trade mark before it can rely on the imited remedies avalable to the wl knowntrado mark owner,
The owner of an unregisterod trade mark can also rely on the common law action of passing of to protect thogoodwl in their sign against imitation or any use that will misrepresent the source or origin of goods and services,and damage the owner's goodwill in the sign.
b. Ownership
The person in whose name a trade mark is rogistered is the proprietor and. as a trade mark is personalpropery itis assignable or transmiss ble either in connection with tho goodwl of a businoss or independenty
c. Application for Trade Mark Protection in Singapore
For egisration of a trade mank in Singapore, there is a prorty caim procedure in place for pplcantns whohave fled an earier claim for the same mark in another Paris Conventian countryor a WTO member country (otherthan Singapore). The Singapore pplialion mustbefled within sixmonthsfrothedateothfrstfingd.
d. Application for Trade Mark Protection Outside Singapore
To egister a trade mark outside Singapore, an pplicant can fle an ntemational pplicaton via the MadridProlocol (an nteratonally reconised sytem for ntematonal rgiltraton of trade marks). The Madrid Protocolllows a trade mark owner to seok protection of his trade mark in member counties. ncuding Singapore,simultaneously by fling one application with the home fce
D. Copyright
a. Protection and Duration
The copyright Act protects a number of works including oniginal iterary. dramabc, musical and arisic works TeCopntAad ange inm Inonatla an prteman Ltetery worts nobude。compulere as well as sound recordings, fims, tlevsion broadcastsprogram under the CopyrightAct
The nature of protection varies deponding on the type of work but generaly copyight in a work would include omm. publsh it and communicato it 1o the public. the exchusive right to reproduce itina maternal fom Therets no egistatott procedure to secure cpphpoptpeionn n Singapore becauso cpoigot ansesautomatically upon creaiong ola work which ; the requiste orig nality and connecion to Singapore, Copyright atended 10 works cealed veres Prolection granted under the CoprightActis extendedtot protecion varies asto COwS TheduatiolCoornghtpt musical and atstic works 7o of the author plus 70 years. For works published 0 Original Iterary dramalic, musical afer doath, the termis 70 years from irst pubi Cation;Photographs, sound recordings andfims， 70 years trom pubicaton;Performances 70 yoars fromthe fomt 。date of the perfermance. 0 yoars tiom pblcaton and M) Broadcasts and cable pogranmes-5oyearst M ublsted ndlo of works 25yoars totrtpubilationn
b. Ownership
Generally the author or maker of the work will be rogarded a5 the copright owner, subljoct to certain Generalytho author or maker of ine wanment testamentary dsposltion of oporntion of law as persconal of exeplons Copyight is rsissible by asmnt moveable property
E. Confidential Information
Social media passwords, or the tchnology invovwed in stting up。sorver or systom might Social modia account and password There s no spectic egislaton daling with conidental information be protected as conidential information. common law obl gations of conidentbalty Al common taw, a duty Conticential information is govermed by generalcomonationi of onfdence wl be mposed on the repn where nforatio is
(i)of a confidential naturo, i.e. it must not be information which is in the public domain; and
(ii) communicated in circumstances importing an obligation of confidence.