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14 August 2013 1
Waiting for the Organiser…
The webinar will begin shortly
Intellectual Property Rights Protection Strategies for EU
SMEs in Singapore
14 August2013
ASEAN IPR SME Helpdesk
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Welcome to the Webinar
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Philippe Healey
ASEAN IPR SME Helpdesk
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5 14 August 2013
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Today’s Speaker
Joyce Ang
Partner
ATMD Bird & Bird LLP
Joyce is a partner of ATMD Bird & Bird's Intellectual Property & Technology Group and her areas of practice include intellectual property litigation, anti-counterfeiting programmes and advisory work relating to intellectual property.
Email: [email protected]
Tel: +65 6428 9450
Agenda
Trade between Singapore and the EU
IPRs in Singapore for SMEs
Enforcement of IPRs in Singapore
Typical IP issues: Case study
Take Away Message/recommendations for EU SMEs
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Know before you go
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Question: Which type of industry sector is your
company's business involved in?
A.Manufacturing Sector
B.Services Sector
C.Others
Poll 1
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Trade between Singapore and the EU
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Introduction to IPR system in Singapore
Singapore Legal System
• Roots traced back to English legal system
• Sources of law:
Singapore Constitution
Statutes
Common law (aka judge-made law)
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Introduction to IPR system in Singapore
Protection of IPR: Ranked 2nd in the world and top in
Asia
There are 326,312 trade marks in force in Singapore
in the year 2012.
There are 45,209 patents in force in Singapore in
the year 2012.
Source: http://www.ipos.gov.sg/Portals/0/About%20IP%20(Statistics)/2011-2012.pdf
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Question: Which branch of IPRs is most relevant to
your business?
A.Copyright
B.Patents
C.Trade Marks
D. Trade Secrets
Poll 2
IPRs in Singapore for SMEs
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IP Legal Framework - Singapore is a member of the following international conventions which regulate IP matters:
– Paris Convention
– Madrid Agreement
– Patent Cooperation Treaty
– WIPO Copyright Treaty
– NICE Agreement
– Berne Convention for the Protection of Literary and Artistic Works
IPRs in Singapore for SMEs
1. Copyrights
2. Patents
3. Trade Marks
4. Designs
IPRs in Singapore for SMEs
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• What are copyrights?
• What kind of works can be protected by copyright
laws in Singapore?
• How does one register for copyright protection?
• Who can register for copyright protection?
IPRs in Singapore for SMEs - Copyrights
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Nature of work Duration of Copyright
Literary, dramatic, musical and artistic works
70 years from the end of the year in which the author died.
If the work is published, performed or offered for sale to the public after the death of the author, 70 years from the end of the year in which the work was first published.
IPRs in Singapore for SMEs - Copyrights How long does copyright protection last?
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Nature of work Duration of Copyright
Photograph 70 years from the end of the year in which the photograph is first published.
Published editions of literary, dramatic, musical or artistic works e.g. magazines
25 years from the end of the year in which the edition was first published.
IPRs in Singapore for SMEs - Copyrights
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Nature of work Duration of Copyright
Sound recordings, films and performances
70 years from the end of the year of the performance or release of the sound recording or film.
Broadcasts and cable programmes
50 years from the end of the year of making the broadcast or cable programme.
IPRs in Singapore for SMEs - Copyrights
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IPRs in Singapore for SMEs – Copyrights
Registration:
• Protection is conferred automatically upon creation of the
work.
• Copyright protection is accorded to a work as soon as it is
expressed or fixed in a material form.
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• What are patents?
• How does one obtain a patent in Singapore?
• How long does legal protection last?
• How does one register for a patent?
IPRs in Singapore for SMEs – Patents
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• Who can register for a patent?
• How much does a patent
application cost?
(Reference: http://www.ipos.gov.sg/AboutIP/TypesofIPWhatisIntellectualProperty/Whatisapatent/Applyingforapatent/ApplyingforapatentinSingapore.aspx)
IPRs in Singapore for SMEs – Patents
How to register a Patent in Singapore?
Filing of the Patent Application
Searching and Examination procedures
Paying of Grant Fee and Issuance of Certificate of
Grant.
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What are Trade Marks?
• Trade Marks in Singapore:
Statutory protection
Common law tort of passing-off
Trade mark usage prior to registration
Genuine use of trade mark post-registration
IPRs in Singapore for SMEs – Trade Marks
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• How long does legal protection last?
• How does one register a trade mark?
• Who can register a trade mark?
• What is the cost of filing a trade mark application?
Reference:
http://www.ipos.gov.sg/AboutIP/TypesofIPWhatisIntellectualProperty/Whatisatra
demark/Applyingforatrademark/ApplyingtoregisteratrademarkinSingapore.aspx
IPRs in Singapore for SMEs – Trade Marks
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How to Register Trade Marks in Singapore
Filing of the Trade Mark Application
Process of Formalities and Substantive Examination:
Publication of Mark for Opposition
Issuance of Certificate of Grant in the absence of
opposition within specified time.
Geographical Indications (GIs) in Singapore
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• A sign that identifies a product as originating from a particular
location which gives that product a particular quality or
reputation.
• At present, no registration required to enjoy protection under the Geographical Indications Act.
GIs vs Trade Marks:
• A GI may be used by all producers or traders whose
products originate from that place and which share the
particular quality, reputation or other characteristics.
• A trade mark may only be used by its proprietor or with the
proprietor’s consent.
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• What are Trade Secrets?
• Legal protection of Trade Secrets
• How long does legal protection last?
IPRs in Singapore for SMEs – Trade Secrets
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Trade Secrets in Singapore - Important
• Trade secrets are protected under the general law of
confidence.
• Information is only confidential if it is not freely available in the
public domain.
• It is good practice to mark all documents which your business
considers to contain trade secrets as “Confidential” or “Trade
Secret”.
• Any trade secret should only be shared with a recipient after
he has signed a non-disclosure agreement.
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Question: Which one of the following avenues for IPR
enforcement are you most familiar with?
A.Civil Litigation
B.Criminal Prosecution
C.Customs Seizures
D.Administrative Action
Poll 3
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Enforcement of IPRs in Singapore
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Enforcement of IPRs in Singapore
Civil Litigation
Criminal Prosecution
Customs Seizures
Private Mediation
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Typical IP issues: Case study
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• Company A is a company incorporated in Germany. Company A is a cosmetics company. Up until recently, Company A had not sold its products to Singapore.
• Company A is now looking to market and sell its cosmetics products in Singapore.
Typical IP issues: Case study
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• Issues:
Pre-contractual negotiations with third parties
Choice of Trade Mark and Trading Name
Freedom to sell the products in Singapore
Marketing, Advertising and Promotional Materials
Typical IP issues: Case study
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6 years into business, Company A find outs that another company in Singapore has started to sell hair care products using its trade mark.
Typical IP issues: Case study
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Issues:
Scope and validity of trade mark registration
Possible enforcement action
Remedies
Typical IP issues: Case study
Take Away Messages
Always consider if you need to file for IPR registrations (patents, trade marks) prior to commencing trade.
Always ensure that your business does not infringe on other parties' IPRs. Consider conducting freedom to operate searches for patents and trade marks registration searches trade marks.
If there is an IPR dispute, consider the possibility of private mediation, as this would cost less than a full-blown litigation in court.
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Q&A
Joyce Ang Partner ATMD Bird & Bird LLP
Joyce is a partner of ATMD Bird & Bird's Intellectual Property & Technology Group and her areas of practice include intellectual property litigation, anti-counterfeiting programmes and advisory work relating to intellectual property.
Email: [email protected]
Tel: +65 6428 9450
Helpdesk Country IP Factsheets: Singapore
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