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Fundamentals of Intellectual Property Law in Singapore
Fundamentals of Intellectual Property Law in Singapore
Question 1 Ah Teng is a successful durian merchant. He is keen to innovate and explore how to improve the sales of durian in Singapore. He thus appointed a polytechnic, NSP, to help carry out research on how to efficiently de-husk and vacuum pack durians so that they can be carried on public transport. Ah Teng spent many hours working with the engineers from NSP, sharing with them his knowhow on how to handle durians and the best way to de-husk them. He also made available to NSP his proprietary design machete, which he had jealously guarded as a trade secret. Ah Seng was very proud of this machete as it was capable of making a very clean cut out of a durian husk with significantly less effort. The NSP team was also very impressed with his machete design and incorporated it into a machine which would automatically de-husk durians and, through the use of a robotic arm, remove the seeds and pack them into a box that would then be vacuum sealed, all in an automated process. This process was controlled by a computer software written by the NSP team. NSP filed a patent application in respect of the de-husking machine. The machine proved to be very effective and Ah Teng was overjoyed, as he could save on his manpower costs and also serve his customers more quickly. He nicknamed the machine the Durian Warrior and featured it extensively in his advertising. Customers soon came to know of his machine, and many were attracted to buying durians from Ah Teng. Because of this machine, Ah Teng could offer durians at cheaper prices. Ah Teng also filed a trade mark application for Durian Warrior. One of Ah Tengâs competitors, Joe, hired a cyber-hacker to infiltrate NSPâs computers to copy the plans for the machine and machete as well as the controller software. Joe then started to manufacture these durian processing machines and sold them under the brand Durian Samurai. Ah Teng was furious when he learnt that Joe was selling the Durian Samurai machines. Please answer the following questions: (a) Classify and identify the different types of intellectual property rights that may be infringed by Joeâs actions. For each of these types of rights, discuss and explain how Singapore law defines infringement of these rights. Identify which of Joeâs actions may specifically constitute infringement of these rights and define who may assert such infringement claims. Analyse and explain the legal remedies that the courts in Singapore may award in the event that there is a finding of intellectual property infringement. (50 marks) (b) Ah Teng is approached by Adrian who wants to purchase the IP for his durian processing machine. Ah Teng has come to you for advice. Discuss and demonstrate the options available to Ah Teng in allowing Adrian to access the IP to his durian processing machine (and whether he has the necessary rights to do so). Explain and evaluate which of these options would be preferable from Ah Tengâs perspective. (50 marks)
Sample Solution
furthermore, consequently assembled under a similar misogynist supposition. A few ladies who are very much equipped for these employments shouldn’t need to manage the formality that a man wouldn’t need to confront. Doubtlessly put, these daring ladies were being kept down in view of sex predisposition, an issue that applies all parts of life. In the film business as indicated by Forbes’ 2016 May issue of the top-gaining on-screen characters and entertainers demonstrates that Jennifer Lawrence, who made $46 million, earned uniquely about 71% of what Dwayne Johnson earned at $64.5 million. On the off chance that the rundowns were joined Lawrence would be moved from first to sixth. A similar truth applies to competitors. In Glam Fundamentals of Intellectual Property Law in Singapore or magazine’s July issue Serena Williams remarked, “I’ve been working⦠playing tennis since I was three years of age. What’s more, to be paid less in light of my sex â it doesn’t appear to be reasonable⦠” She continues expressing her anxieties for her little girl who will “[grow up inclination that she will always be unable to rival men regardless of how hard she works.]” Too numerous young ladies are scared and debilitated by the insignificant actuality that society continually organize men over ladies and never see both as equivalents. Then again, we should understand that ladies have officially gained colossal ground in the previous century, preparing for themselves, pushing through desires. A lady’s “work” in the United States has changed significantly in the course of recent decades. Expanding quantities of ladies have taken on new duties outside the home by joining the work domain. Ladies have gone from making up a minor third of the workforce in 1969, ladies today make up practically 50% of all specialists in the United States. Ladies are additionally venturing up in an official and political viewpoint. From Hillary running for president to a record number of ladies pursuing open position in 2012, and record-high rates of ladies serving in Congress. Organizations like Amazon have begun paying ladies 99.9% of men’s wages. Wages in all cases are expanding. On the off chance that businesses organized work environment adaptability as far as hours and areas, the sex hole in pay would be impressively diminished and may disappear through and through. In spite of the littler issues, for example, a superior check, we should see this at a more extensive point of view. In different nations, ladies aren’t permitted to work and by and large don’t h Fundamentals of Intellectual Property Law in Singapore ave rights by any means. They are kept as property and regularly sold and exchanged for business mergers. Contrasted with them, our general public’s issues with ladies about digital and verbal mistreatment for wearing pretty much nothing or all the more ordinarily known as “Skank disgracing”, appears to be little while different nations are killing for a similar reason. In spite of the fact that ladies’ fairness will perpetually be a dubious issue and may take a few additional years to accomplish genuine unprejudiced nature, ladies have demonstrated to be solid and will keep on driving forward notwithstanding the snags put in their manner. As Maya Angelou put it enthusiastically in her liberal ballad Still I Rise ladies proceed to win and “rise like air” and permitting an oppressor (regardless of whether that be on a political viewpoint, in the work environment or basically in the public arena) to block them from breaking that unattainable rank will never be adequate. Ladies have effectively broken such a large number of boundaries and in a consistently evolving world, things can just go up from here.>
furthermore, consequently assembled under a similar misogynist supposition. A few ladies who are very much equipped for these employments shouldn’t need to manage the formality that a man wouldn’t need to confront. Doubtlessly put, these daring ladies were being kept down in view of sex predisposition, an issue that applies all parts of life. In the film business as indicated by Forbes’ 2016 May issue of the top-gaining on-screen characters and entertainers demonstrates that Jennifer Lawrence, who made $46 million, Fundamentals of Intellectual Property Law in Singapore earned uniquely about 71% of what Dwayne Johnson earned at $64.5 million. On the off chance that the rundowns were joined Lawrence would be moved from first to sixth. A similar truth applies to competitors. In Glamor magazine’s July issue Serena Williams remarked, “I’ve been working⦠playing tennis since I was three years of age. What’s more, to be paid less in light of my sex â it doesn’t appear to be reasonable⦠” She continues expressing her anxieties for her little girl who will “[grow up inclination that she will always be unable to rival men regardless of how hard she works.]” Too numerous young ladies are scared and debilitated by the insignificant actuality that society continually organize men over ladies and never see both as equivalents. Then again, we should understand that ladies have officially gained colossal ground in the previous century, preparing for themselves, pushing through desires. A lady’s “work” in the United States has changed significantly in the course of recent decades. Expanding quantities of ladies have taken on new duties outside the home by joining the work domain. Ladies have gone from making up a minor third of the workforce in 1969, ladies today make up practically 50% of all specialists in the United States. Ladies are additionally venturing up in an official and political viewpoint. From Hillary running for president to a record number of ladies pursuing open position in 2012, and record-high rates of ladies serving in Congress. Organizations like Amazon have begun paying ladies 99.9% of men’s wages. Wages in all cases are expanding. On the off chance that businesses organized work environment adaptability as far as hours and areas, the sex hole in pay would be impressively diminished and may disappear through and through. In spite of the littler issues, for example, a superior check, we should see this at a more extensive point of view. In d Fundamentals of Intellectual Property Law in Singapore ifferent nations, ladies aren’t permitted to work and by and large don’t have rights by any means. They are kept as property and regularly sold and exchanged for business mergers. Contrasted with them, our general public’s issues with ladies about digital and verbal mistreatment for wearing pretty much nothing or all the more ordinarily known as “Skank disgracing”, appears to be little while different nations are killing for a similar reason. In spite of the fact that ladies’ fairness will perpetually be a dubious issue and may take a few additional years to accomplish genuine unprejudiced nature, ladies have demonstrated to be solid and will keep on driving forward notwithstanding the snags put in their manner. As Maya Angelou put it enthusiastically in her liberal ballad Still I Rise ladies proceed to win and “rise like air” and permitting an oppressor (regardless of whether that be on a political viewpoint, in the work environment or basically in the public arena) to block them from breaking that unattaina Fundamentals of Intellectual Property Law in Singapore ble rank will never be adequate. Ladies have effectively broken such a large number of boundaries and in a consistently evolving world, things can just go up from here.>
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