Confidential information and registered designs in singapore
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Transcript of 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.