Intellectual property law
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Intellectual property law

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What are permissible factors when assessing the likelihood of confusion in trademarks?

  • Oral similarity (correct)
  • Market saturation
  • Trademark ownership history
  • Visual similarity (correct)

    • Which section of the Trade Mark Act outlines the exclusive rights of a registered trademark?

  • s38 TMA
  • s27 TMA
  • s22(1)(b) TMA
  • s26 TMA (correct)

    • Under which section is the right to assign a registered trademark established?

  • s28(1) TMA
  • s30(2) TMA
  • s36 TMA (correct)
  • s23 TMA

    • Which of the following is NOT a criteria for copyright protection?

    <p>Market value</p> Signup and view all the answers

    What does 's28(3) TMA' cover in terms of trademark defenses?

    <p>Same/similar mark but different goods/services</p> Signup and view all the answers

    What does s134(3) CA state about copyright ownership for employees?

    <p>Copyright ownership belongs to the employer if work was created during employment.</p> Signup and view all the answers

    Which section describes the right to communicate a work to the public by electronic means?

    <p>s61 CA</p> Signup and view all the answers

    What is covered under the right of reproduction according to s41 to s50 CA?

    <p>The substantiality rule applies to reproduction.</p> Signup and view all the answers

    What is the duration of copyright as stated in s114 CA?

    <p>Lifetime plus 70 years.</p> Signup and view all the answers

    Which section encompasses the assignment of future copyright?

    <p>s140 CA</p> Signup and view all the answers

    What must be established to identify primary copyright infringement?

    <p>A casual link between the plaintiff's work and the allegedly infringing work.</p> Signup and view all the answers

    What is a characteristic of the exclusive rights stated in s108 CA?

    <p>They negate the right to exclude others from use.</p> Signup and view all the answers

    In the context of copyright, what does 'license' refer to according to s142 CA?

    <p>Permission granted to use a work under specified conditions.</p> Signup and view all the answers

    What is one of the specific categories that cannot be excluded by contract according to s 187?

    <p>Acts done for judicial proceedings</p> Signup and view all the answers

    Which section allows for exceptions under the criteria for obtaining a patent?

    <p>s 14(4) PA - grace period</p> Signup and view all the answers

    What does the term 'state of the art' refer to in the context of patent criteria?

    <p>The current technology and knowledge available</p> Signup and view all the answers

    Which section outlines the requirement for a patent to involve an inventive step?

    <p>s 15 PA</p> Signup and view all the answers

    What is NOT an exclusion mentioned in s 16(2) PA regarding patents?

    <p>New chemical compounds</p> Signup and view all the answers

    Which of the following factors is NOT a criterion for determining if a patent is 'new'?

    <p>Grace period acknowledgements</p> Signup and view all the answers

    Under which condition can acts done for purposes of examination be considered fair use?

    <p>If they do not conflict with patent rights</p> Signup and view all the answers

    What does 'mosaicking' refer to in patent law?

    <p>Combining old and new technologies</p> Signup and view all the answers

    What is the primary difference between absolute grounds and relative grounds for refusal in trademark registration?

    <p>Absolute grounds relate to lack of distinctive character, while relative grounds are concerned with earlier trademarks.</p> Signup and view all the answers

    Which of the following is NOT a practical step to take regarding protection criteria for intellectual property?

    <p>Keep all intellectual property confidential without documentation.</p> Signup and view all the answers

    What represents a key consideration when assessing whether a trademark has acquired distinctive character?

    <p>Consumer recognition of the trademark as a source indicator.</p> Signup and view all the answers

    In the context of trademark registration, which of the following is an example of an absolute ground for refusal?

    <p>The trademark is too generic and lacks distinctiveness.</p> Signup and view all the answers

    Which case highlighted the importance of a three-stage test in assessing trademark similarity?

    <p>Staywell Hospitality Group Pty Ltd v Starwood Hotels &amp; Resorts Worldwide, Inc</p> Signup and view all the answers

    What is NOT a typical remedy for civil infringement of trademarks?

    <p>Criminal charges against the infringer.</p> Signup and view all the answers

    Which aspect is most relevant in determining ownership rules for patents?

    <p>Whether the inventor is an employee or independent contractor.</p> Signup and view all the answers

    Which of the following options is an opportunity for extracting value from intellectual property?

    <p>Licensing the intellectual property to third parties.</p> Signup and view all the answers

    What is the maximum term of protection granted by a patent under the Patents Act?

    <p>20 years</p> Signup and view all the answers

    Which section of the Patents Act specifies the characteristics of a patentable invention?

    <p>s13(2) and (3)</p> Signup and view all the answers

    According to the two-step test regarding public policy, what must the public benefit from after the term of a patent?

    <p>The invention</p> Signup and view all the answers

    Which of the following sections addresses the renewal of a patent?

    <p>s51(1) PR</p> Signup and view all the answers

    What is the purpose of the amendment opportunity for patent owners under the Patents Act?

    <p>To correct an unpatentable invention</p> Signup and view all the answers

    Which section of the Patents Act addresses the unfulfillment of patentability criteria as a defense in infringement cases?

    <p>s66(1)</p> Signup and view all the answers

    What type of use does s66(2) of the Patents Act provide an exception for regarding patent infringement?

    <p>Non-commercial use</p> Signup and view all the answers

    Which of the following best describes statutory damages as outlined in the Copyright Act?

    <p>Capped at a specific amount</p> Signup and view all the answers

    What does s36(1) of the Patents Act specify about the filing application date?

    <p>It serves as the priority date</p> Signup and view all the answers

    In terms of remedies for breach of confidence, which of the following is a recognized basis for damages?

    <p>Wrotham Park damages</p> Signup and view all the answers

    What is meant by the 'wrongful gain interest' in the context of confidentiality?

    <p>Preventing unauthorized profit from confidential information</p> Signup and view all the answers

    What must a defendant establish to deny that there has been a breach of confidence?

    <p>That their conscience has not been affected</p> Signup and view all the answers

    What is one purpose of an injunction in breach of confidence cases?

    <p>To prevent further damage from the loss of confidentiality</p> Signup and view all the answers

    Which remedy requires the defendant to relinquish any unauthorized copies of confidential materials?

    <p>Order for Delivery Up</p> Signup and view all the answers

    What does the 'WT Strategy' in SOWT analysis aim to address?

    <p>Minimizing weaknesses to avoid threats</p> Signup and view all the answers

    Which method of extracting value from intellectual property involves selling the rights outright?

    <p>Sale</p> Signup and view all the answers

    What does the term 'due diligence' typically refer to in business contexts?

    <p>A thorough investigation before entering into agreements</p> Signup and view all the answers

    Which of the following strategies focuses on using strengths to take advantage of market opportunities?

    <p>SO Strategies</p> Signup and view all the answers

    Study Notes

    Intellectual Property Law

    • Trademarks:

      • Distinguish trademarks, patents, and copyright.
      • Advise on protection criteria for trademarks, patents, copyright, and confidential information.
      • Advise on ownership rules for patents and copyright.
      • Identify subject matter that can be protected by copyright.
      • Identify the scope of trademark, patent, and copyright protection (civil infringement) and their remedies.
      • Identify challenges to trademark registrations and patent grants, and strategies for infringement suits.
      • Identify strengths, weaknesses, opportunities, and threats (SWOT analysis) of a company's IP position.
      • Explain how to extract value from intellectual property.
      • Identify relevant issues in IP deals and due diligence.

    • Trademark Basics:

      • TM symbol indicates the mark is being used as a trademark but doesn't mean it's registered.
      • ® symbol indicates a registered trademark.
      • It's not required to use ® with a registered trademark, and failing to do so doesn't affect registration. Using ® with an unregistered trademark is an offense.
      • "Trademark" means any sign capable of graphic representation used to distinguish goods or services.

    • Practical Considerations Pre-Registration:

      • Budget, mark variations, goods/services, countries (jurisdictions).
      • Existing similar/identical marks in registers.
      • Goods/service classifications (Nice classifications)
      • Use of mark, by whom, and records. Awareness of revocation for non-use.
      • Countries for registration, current markets, future expansion.
      • Registration process.

    • Trade Mark Application:

      • Formalities Examination
      • Substantive Examination on Absolute and Relative Grounds.
      • If non-compliant, the examiner informs the applicant.
      • Objections may be overcome and the application accepted.
      • Published in Trade Marks Journal, if accepted.
      • Registered if no opposition or opposition in applicant's favour.
      • Criteria covered: Absolute Grounds (devoid of distinctive character, or only describes the products), and relative grounds for refusal (identical / substantially similar to an earlier trade mark, and likelihood of confusion on the public's part).

    • Opposition Process:

      • After TM application accepted, it is published in the TM Journal.
      • Anyone can object to registration during the opposition period.
      • Grounds of opposition overlap with registrability criteria.
      • If grounds are established, the application is refused; otherwise, it progresses to registration.

    • Descriptive Marks:

      • Descriptive marks are a subset of non-distinctive marks, but the converse is not necessarily true.
      • Section 7.1c protects public interest.
      • Some trade marks carry high level of inherent distinctiveness.
      • Other marks may have less inherent distinctiveness (may be partially descriptive of goods).
      • Invalidation cases exist where applicants for invalidation sought to have registration declared invalid.

    • Exclusive Rights:

      • Proprietor of a registered trademark has exclusive rights to use and authorize use of the trademark in relation to goods/services for which it's registered, from the date of registration.
      • The rights are restricted by disclaimers or limitations.
      • Registration is prima facie evidence of stated factors.

    • Relative Grounds & Criteria:

      • Comparing an earlier trademark to a registered one.
      • If the marks are similar and the goods/services are similar, there is a likelihood of confusion.
      • Highlighting the three aspects of similarity: visual, aural, and conceptual.
      • Trade-offs can occur among those aspects.
      • Inherent technical distinctiveness affects the similarity threshold.

    • Visual/Oral Similarity:

      • Visual: Consider length, structure, elements, presence of overlap, positioning.
      • Oral: Consider qualitative and quantitative approaches, dominant components, comparison of syllables and commonalities.

    • Stages of Comparison - Goods/Services:

      • Identify relevant goods/services for comparison.
      • Compare goods/services (e.g. same specification or relevant classes).
      • Assessing relevance of different class numbers (e.g. class numbers alone do not determine similarity).

    • Permissible/Impermissible Factors:

      • Permissible: relating to the impact of mark/goods similarity on consumer perception, including consideration for strength of reputation.
      • Impermissible: steps taken by traders to differentiate goods; pricing; superficial marketing choices.

    • Invalidation:

      • On grounds that disqualify a mark from being registrable (e.g lacking distinctive character or descriptive).
      • Registration of a mark is deemed never to have been made, but previous transactions are unaffected.
      • Revocation can be full or partial.

    • Revocation:

      • In cases when the trademark hasn't been used consecutively for 5 years.
      • The burden of proof of use is on the trademark owner.

    • Trademark Infringement:

      • A person infringes a registered trademark if they use a sign identical/similar to the registered trademark, for identical/similar goods/services, without the proprietor's consent, resulting in confusion.
      • Applying the sign to goods and/or packaging, exhibiting goods, selling, offering goods for sale, exporting / importing.
      • Actions not deemed infringing: if the person doesn't know the proprietor doesn't consent.

    • Defenses:

      • Using own name/business name
      • Using a descriptive sign
      • Earliest use
      • Registered trademark
      • Fair use in commercial/non-commercial advertising
      • News reporting or commentary.

    • Copyright:

      • Authorial works (literary, dramatic, musical, artistic).
      • Non-authorial works (sound recordings, films, broadcasts, cable programs, published editions).

    • Copyright Protection:

      • Subjects (ideas, concepts, and discoveries aren't covered).
      • Requirements for copyright subsistence: fixation, originality, human authorship, connecting factor.
      • Connection between subject matter and Singapore (author is Singapore citizen, published in Singapore, or published in a country that reciprocates with Singapore).

    • Work's Originality:

      • Work must originate from the author, not another author.
      • For copyright purposes, the work doesn't necessarily need to be entirely original; material alteration is enough.

    • Copyright Fixation in Material Form:

      • A work must be in material form (writing, storage).

    • Ownership of Copyright:

      • The author owns the copyright.
      • Authorial works: Copyright rests with the author if no explicit ownership contract exists
      • Non-authorial works: Copyright rests with the maker of the work, as specified (e.g. publisher of a published edition of a work).

    • Copyright - General Rule, Injunctions, and Remedies:

      • The author of an authorial work is the first owner of its copyright.
      • Actions for copyright infringement include injunctions to restrain further infringement, orders for the delivery of infringing copies, and for accounts of profit, equitable or statutory damages.

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    Related Documents

    B24 IPL Past Paper PDF

    Description

    Test your knowledge on trademark and copyright laws, including permissible factors for assessing confusion in trademarks, exclusive rights of registered trademarks, and criteria for copyright protection. This quiz also covers sections of the Trade Mark Act and trademark defenses. Perfect for law students and professionals!

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