Confidential information and registered designs in singapore

CONFIDENTIAL

INFORMATION AND

REGISTERED DESIGNS

Intellectual Property in Singapore

When you can sue for

Breach of Confidence

• (a) the information must have the

necessary quality of confidence;

• (b) the information must have been shared

in circumstances creating an obligation of

confidence; and

• (c) there must be an unauthorised use of

the information

(1) Info must be confidential

• The information must not already be available to the public at large

• It does not have to be new

• The information can be technical, commercial and personal matters

• Mere gossip or scandal or immoral material is not protectable.

(1) Info must be confidential

Information is likely to be considered to be confidential if

(a) Release would injure the owner

(b) Release would benefit others;

(c) The owner reasonably believes it is secret

(d) The information is judged confidential in its trade or industry

(1) Info must be confidential

• The owner must

clearly and

specifically identify

the confidential

information

• Good reason to use

arbitration instead of

the courts

(Thomas Marshall (Exports) Ltd v

Guinle [1976] FSR 345)

(Thomas Marshall (Exports) Ltd v

Guinle [1976] FSR 345)

• How can they tell what is confidential?

(2) There must be an obligation

• The obligation can arise by contract or by implication of law – lawyer and his client,

– banker and his customer and

– employer and employee

• OR

• Discussing information (e.g. business plan) with a potential business partner

• You will NOT be bound by if you are unaware of the confidential nature

(2) There must be an obligation

• An ex-employee is not

• He can make use of memory of info acquired during employment,

• EXCEPT trade secrets and information covered by contract

(2) There must be an obligation

• What is a trade secret? Depends on

• (a) the nature of the employment;

• (b) the nature of the information;

• (c) how the information was handled in the company

• (d) whether the information could easily be isolated from the other information that the employee could use.

(3) There must be unauthorized

use

You have an OBLIGATION not to use the info

• If it is unconscionable

• Even if you do not appreciate the confidentiality

• Even if you have no intention to take advantage

• Even if you use the information "subconsciously"

She shouldn’t share the info

that I gave her!

(3) There must be unauthorized

use

• A third party will not

be liable if he did not

know if was

confidential

• But ONCE HE

KNOWS, he can be

restrained

Can I stop the 3rd party from

spreading further?

(3) There must be unauthorized

use

• Unauthorised

disclosure is allowed

– If it is in the public

interest

– or there is a just cause

or excuse

– (e.g. to prevent cover-

up of a wrongdoing)

I’m telling you this so that we can stop her from cheating

on the exam

Is this confidential information?

Can it be disclosed?

Injunction

• When $ won’t cure

Damages

• To compensate

Account

• Take over the profits he made

Delivery

• Return the files, docs etc

REMEDIES

Registered Designs

• Design =features of shape, configuration,

pattern or ornament applied to an article

by an industrial process.

• It is the appearance of articles we see

everyday.

• Registered Designs protect designs for

industrial use

Copyright or RDA?

• Some designs which qualify for protection under the RDA are also original artistic works (under copyright)

• There is no combined protection

• Protection is available under RDA only.

• If your artistic work is a registrable design then you must register under the RDA; otherwise, there would be no protection for the design at all.

Criteria for Registration

• The subject matter must be

– a `design´,

– which is `new´.

• ‘Design´ = shape, configuration, pattern or ornament applied to an article by any industrial process

• ‘New’ = not the same as any other design that has been registered or published or sold in Singapore or elsewhere

What cannot be registered

• (a) Designs which are dictated solely by the function which the article has to perform (`functionality´)

• (b) Designs which are dependent upon the appearance of another article, of which it is intended by the designer

• to form an integral part (the `must match´ exclusion).

• (c) Designs which enable the article to be connected to, or placed in, around or against, another article so that either article may perform its function (the `must fit´ exclusion).

• (d) Methods or principles of construction.

• (e) Computer programs or layout designs of integrated circuits.

• (f) Designs for articles which are of a primarily artistic character such as wall plaques, medals, book jackets, dress-making patterns.

• (g) Designs the publication or use of which would be contrary to public order or morality.

Will this be registrable?

Electrical Meter Box

Will this be registrable?

Orchid in brooches, pendants

Will this be registrable?

Electrical Isolator

Will this be registrable?

Phone cover #1 Phone cover #2

Will this be registrable?

Medal

Will this be registrable?

Slogans

Who owns a design?

• The owner of a design is usually the

person who created the design BUT

• (a) Design created under commission -

commissioning party is the owner

• (b) Design created by an employee in the

course of employment - employer

is the owner.

Integrated circuit

• A layout-design of an

integrated circuit =

the three-dimensional

character of the

elements and

interconnections of an

integrated circuit.

Integrated circuit

• An integrated circuit (IC) = electronic circuit in which the elements of the circuit are integrated into a medium, and which functions as a unit.

• The terms "integrated circuit", "semiconductor" and "silicon chip" are used interchangeably

• BUT this could expand to other non-silicon technologies

What is protected?

• It is not necessary to register!

• A citizen or resident of Singapore who owns a layout-design, can gain automatic protection for an ORIGINAL layout-design – the result of the creator's own intellectual effort,

– and is not commonplace

• Protected for 10 years if it is first used commercially within five years of creation

• Otherwise, protected for 15 years from the date of its creation.