Podcast
Questions and Answers
What is the effect on the claimant's action if the registered TM is found invalid?
What is the effect on the claimant's action if the registered TM is found invalid?
Under which section can a registered TM be revoked for non-use?
Under which section can a registered TM be revoked for non-use?
Which of the following actions can a defendant take during an infringement proceeding?
Which of the following actions can a defendant take during an infringement proceeding?
What is the purpose of sections 22 TMA and 23 TMA?
What is the purpose of sections 22 TMA and 23 TMA?
Signup and view all the answers
What happens if a patent is invalidated during an infringement action?
What happens if a patent is invalidated during an infringement action?
Signup and view all the answers
What is the primary purpose of statutory damages in intellectual property cases?
What is the primary purpose of statutory damages in intellectual property cases?
Signup and view all the answers
Which provision outlines the factors impacting statutory damages under the Trade Marks Act?
Which provision outlines the factors impacting statutory damages under the Trade Marks Act?
Signup and view all the answers
In the case of PH Hydraulics & Engineering Pte Ltd v Intrepid Offshore Construction Pte Ltd, which behavior by defendants influenced the judgment on statutory damages?
In the case of PH Hydraulics & Engineering Pte Ltd v Intrepid Offshore Construction Pte Ltd, which behavior by defendants influenced the judgment on statutory damages?
Signup and view all the answers
What is one key difference between statutory damages and additional damages?
What is one key difference between statutory damages and additional damages?
Signup and view all the answers
Which of the following factors is relevant when determining additional damages under Section 305(1)(b) of the Copyright Act?
Which of the following factors is relevant when determining additional damages under Section 305(1)(b) of the Copyright Act?
Signup and view all the answers
In assessing additional damages, which of the following behaviors is NOT considered deplorable conduct?
In assessing additional damages, which of the following behaviors is NOT considered deplorable conduct?
Signup and view all the answers
What sections of the Patents Act relate to remedies in intellectual property?
What sections of the Patents Act relate to remedies in intellectual property?
Signup and view all the answers
Why are statutory damages seen as significant in copyright cases according to the PH Hydraulics case?
Why are statutory damages seen as significant in copyright cases according to the PH Hydraulics case?
Signup and view all the answers
What is the main purpose of the account of profits in copyright infringement cases?
What is the main purpose of the account of profits in copyright infringement cases?
Signup and view all the answers
Which section of the Copyright Act states that damages and account of profits are mutually exclusive?
Which section of the Copyright Act states that damages and account of profits are mutually exclusive?
Signup and view all the answers
In the context of patent remedies, what does Section 67(2) of the Patents Act prohibit?
In the context of patent remedies, what does Section 67(2) of the Patents Act prohibit?
Signup and view all the answers
How was the decision made in the Main-Line Corporate Holdings Ltd v UOB case regarding the remedies election?
How was the decision made in the Main-Line Corporate Holdings Ltd v UOB case regarding the remedies election?
Signup and view all the answers
How can profits be reduced when calculating the account of profits?
How can profits be reduced when calculating the account of profits?
Signup and view all the answers
What was the relationship between UOB and FCC in the context of patent infringement?
What was the relationship between UOB and FCC in the context of patent infringement?
Signup and view all the answers
Under what circumstance can a claimant seek both damages and an account of profits in copyright infringement cases?
Under what circumstance can a claimant seek both damages and an account of profits in copyright infringement cases?
Signup and view all the answers
What is a potential outcome of infringing products incorporating misleading anti-piracy stickers?
What is a potential outcome of infringing products incorporating misleading anti-piracy stickers?
Signup and view all the answers
Study Notes
Remedies in Intellectual Property Law
- Statutory Damages: Awarded to compensate copyright owners when proving actual losses is difficult. Factors considered vary between the Copyright Act (CA), Trade Marks Act (TMA), and Patents Act (PA).
- Additional Damages: Awarded under the CA for flagrant infringement and benefit gained by the defendant, intended to deter future infringement.
- Account of Profits: Aims to recover the actual profit made by the infringer due to infringement. Deducting costs and expenses, or apportioning profits if infringement is only part of a chain of activities, are methods to adjust the account.
- Election of Remedies: The general principle prevents double recovery.
- Copyright and Trade Marks: Damages, account of profits, and statutory damages are mutually exclusive. Exceptionally, both damages and an account of profits can be awarded under certain circumstances.
- Patents: Awarding both damages and an account of profits for the same infringement is prohibited.
Defence and Counterclaim - Putting Validity into Issue
- A defendant facing an infringement action can defend by challenging the validity of the registered trademark (TM) or patent.
- If the TM is found invalid or revoked, or the patent is revoked, the claimant loses grounds to pursue infringement claims against the defendant.
Grounds for Invalidation/Revocation
- Trademarks: Section 22 TMA addresses revocation of a TM registration, while Section 23 addresses invalidation.
- Patents: Section 80 of the PA outlines grounds for revocation.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
Explore the various remedies available in Intellectual Property Law, including statutory damages, additional damages, and accounts of profits. Understand the principles that govern these remedies and the circumstances in which they can be combined or applied. This quiz covers key concepts from copyright, trademarks, and patents.