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Articles 1 - 30 of 53
Full-Text Articles in Law
The Subsistence And Enforcement Of Copyright And Trademark Rights In The Metaverse, Cheng Lim Saw, Zheng Wen Samuel Chan
The Subsistence And Enforcement Of Copyright And Trademark Rights In The Metaverse, Cheng Lim Saw, Zheng Wen Samuel Chan
Research Collection Yong Pung How School Of Law
The metaverse has been widely hailed as a symbol of technological progress, presenting an immersive virtual realm that has the potential to transform how individuals engage in social and commercial activities. However, this conception of a borderless virtual world - which purportedly transcends the capabilities and reach of Web 2.0 - sits uncomfortably with the territorial nature of intellectual property rights. This chapter examines the complexities surrounding the subsistence and enforcement of intellectual property rights within the metaverse, with a specific focus on copyright and trademarks. Especial attention is paid to issues concerning choice of law and jurisdiction. Finally, the …
Distinguishing The Fair Use And Fair Dealing Doctrines In Copyright Law—Much Ado About Nothing?, Cheng Lim Saw
Distinguishing The Fair Use And Fair Dealing Doctrines In Copyright Law—Much Ado About Nothing?, Cheng Lim Saw
Research Collection Yong Pung How School Of Law
It is often assumed and taken for granted that there is a gulf separating the fair use and fair dealing doctrines in copyright law arising principally from the ‘open v closed’ distinction that is made of the statutory schemes in the respective fair use and fair dealing jurisdictions.It will be argued in this article, after a comparative and comprehensive study of the case law and of the various (overlapping) fairness factors, that this distinction merely reflects a difference as to legislative form, rather than the substance of the fairness analysis that may ultimately bear on the outcome of a fairness …
Of Inventorship And Patent Ownership: Examining The Intersection Between Artificial Intelligence And Patent Law, Cheng Lim Saw, Zheng Wen Samuel Chan
Of Inventorship And Patent Ownership: Examining The Intersection Between Artificial Intelligence And Patent Law, Cheng Lim Saw, Zheng Wen Samuel Chan
Research Collection Yong Pung How School Of Law
Artificial intelligence (“AI”) has garnered much attention in recent years, with capabilities spanning the operation of self-driving cars to the emulation of the great artistic masters of old. The field has now been ostensibly enlarged in light of the professed abilities of AI machines to autonomously generate patentable inventions. This article examines the present state of AI technology and the suitability of existing patent law frameworks in accommodating it. Looking ahead, the authors also offer two recommendations in a bid to anticipate and resolve the challenges that future developments in AI technology might pose to patent law. In particular, the …
The Problems With Trade Secret Protection/Overprotection In Asia, Kung-Chung Liu
The Problems With Trade Secret Protection/Overprotection In Asia, Kung-Chung Liu
Research Collection Yong Pung How School Of Law
Trade secret protection law has been an important complement to patent law and has gained increasing importance over the last three decades, not least in Asia. Major Asian countries are now at a crossroads, as some (Japan, Korea, Thailand, Taiwan, and China) are following the US approach to criminalizing trade secret infringement and imposing harsher penalties on economic espionage (Japan, Korea, Taiwan, and China). This paper identifies many of the problems associated with trade secret protection, provides indicators of the overprotection of trade secrets, and warns against its many side effects. It then points out the crossroads that Asian economies …
The Curious Case Of Horseracing Data Caught In A Tangled Web Of Relationships – The Racing Partnership Ltd V. Sports Information Services Ltd [2020] Ewca Civ 1300, Cheng Lim Saw
Research Collection Yong Pung How School Of Law
This paper comments on the recent split decision of the English Court of Appeal in The Racing Partnership Ltd v. Sports Information Services Ltd [2020] EWCA Civ 1300 concerning the common law action for misuse of confidential information. Although the majority overturned the decision of the trial judge and found in favour of the defendant, this author will explain why the conclusion reached by the dissenting judge is the more compelling.
Arbitration By Ssos As A Preferred Solution For Solving The Frand Licensing Of Seps?, Kung-Chung Liu
Arbitration By Ssos As A Preferred Solution For Solving The Frand Licensing Of Seps?, Kung-Chung Liu
Research Collection Yong Pung How School Of Law
In the last decade, the licensing of standard essential patents (SEPs) on fair, reasonable and non-discriminatory (FRAND) terms has been a thorny issue for SEP holders in the US and Europe on the one hand, and major SEP implementers in major Asian economies on the other, such as Japan, Korea, the PRC, Taiwan and even India. With the rise of the Fourth Industrial Revolution, driven by the Internet of Things (IoT), 5G, driverless vehicles, and artificial intelligence (AI), which relies even more on interconnectivity, more and more new standards and SEPs will emerge, and the issue of FRAND licensing of …
Asian Ip Law: An Area Of Rising Importance, Kung-Chung Liu, Shufeng Zheng
Asian Ip Law: An Area Of Rising Importance, Kung-Chung Liu, Shufeng Zheng
Research Collection Yong Pung How School Of Law
Intellectual property (IP) laws are an important instrument for promoting cooperation and peace in Asia. In their own ways, Japan, Korea, Taiwan, Hong Kong, Singapore, China and India all serve as IP success stories. Structural features of the IP landscape in major Asian jurisdictions include the following: technocrat-driven IP law, national IP strategies and specialized IP or patent judges. In addition, there are five distinctively Asian developments worth noticing: the sweeping criminalization of copyright infringement, an explosion in the number of registered trademarks, the very limited use of compulsory patent licensing and the convergence on certain standards for the licensing …
Implications Of Reposting Copyright Material Online And Svensson Distinguished In Cjeu Judgment: Land Nordrhein-Westfalen V Dirk Renckhoff, Cheng Lim Saw
Research Collection Yong Pung How School Of Law
This comment considers the CJEU’s recent decision in Land Nordrhein-Westfalen v Dirk Renckhoff (Case C-161/17) EU:C:2018:634, concerning the legality of reposting copyright-protected material on the Internet. Notably, the earlier decision of the CJEU in Svensson – which was a case on hyperlinking and although cited fairly extensively in argument – was carefully distinguished on the facts.
Linking On The Internet And Copyright Liability – A Clarion Call For Doctrinal Clarity And Legal Certainty, Cheng Lim Saw
Linking On The Internet And Copyright Liability – A Clarion Call For Doctrinal Clarity And Legal Certainty, Cheng Lim Saw
Research Collection Yong Pung How School Of Law
Prompted by the decisions of the CJEU in Svensson and GS Media, this paper attempts to unmask the potential copyright liability of an internet user who engages in hyperlinking, framing and/or inline linking from a principled and conceptually coherent perspective. The overall discourse in this paper will be guided by the following two questions:1.Do these forms of online activity constitute acts of communication (or making available) in the first instance?2.Should they fall within the purview of Art. 3(1) of the EU Information Society Directive and be subject to potential primary/direct liability (as opposed to accessory/indirect liability)?It is hoped that this …
Linking On The Internet And Copyright Liability: A Clarion Call For Doctrinal Clarity And Legal Certainty, Cheng Lim Saw
Linking On The Internet And Copyright Liability: A Clarion Call For Doctrinal Clarity And Legal Certainty, Cheng Lim Saw
Research Collection Yong Pung How School Of Law
Prompted by the decisions of the CJEU in Svensson and GS Media, this paper attempts to unmask the potential copyright liability of an internet user who engages in hyperlinking, framing and/or inline linking from a principled and conceptually coherent perspective. The overall discourse in this paper will be guided by the following two questions: 1. Do these forms of online activity constitute acts of communication (or making available) in the first instance? 2. Should they fall within the purview of Art. 3(1) of the EU Information Society Directive and be subject to potential primary/direct liability (as opposed to accessory/indirect liability)?It …
Sets, Modular Systems And Interconnections: Comparing Singapore Law With Eu Legislation, Gordon Ionwy David Llewelyn, T. Prashant Reddy
Sets, Modular Systems And Interconnections: Comparing Singapore Law With Eu Legislation, Gordon Ionwy David Llewelyn, T. Prashant Reddy
Research Collection Yong Pung How School Of Law
Singapore registered design law is largely based on UK legislation and, notwithstanding subsequent amendments, the underlying principles remain broadly similar. This article aims to compare Singapore registered design law with EU legislation in relation to sets, modular systems and interconnections.'Sets of articles' are afforded protection under both Singapore law and EU registered design law. Under both regimes such protection can prove problematic, as under Singapore law it may require a court to make an artistic assessment as to whether the goods are of the same 'general character' and under EU law the Guidelines issued by the EUIPO appear to go …
Chocolate, Fashion, Toys And Cabs: The Misunderstood Distinctiveness Of Non-Traditional Trademarks, Irene Calboli
Chocolate, Fashion, Toys And Cabs: The Misunderstood Distinctiveness Of Non-Traditional Trademarks, Irene Calboli
Research Collection Yong Pung How School Of Law
What do Cadbury, Toblerone and Kit-Kat chocolates, the Rubik’s Cube and Lego mini-figurine toys, Louboutin shoes, Bottega Veneta bags and London Taxi Company cabs all have in common? These products have been, along with several others, protagonists of the rising trend of registering shapes and other non-traditional trademarks in a variety of countries, and then, in several cases, protagonist of ensuing litigation addressing the validity of these marks. To a large extent, the review panels and the courts involved in these cases have declared several of these marks invalid or have reduced their scope considerably. Hence, these cases have often …
Whither Gene Patenting And The Patenting Of Diagnostic Methods Post-Mayo And Myriad? The Need For Certainty In Navigating The High Seas Of Policy, Cheng Lim Saw
Research Collection Yong Pung How School Of Law
This paper is prompted by a series of recent high-profile decisions emanating from the apex courts in the US and Australia – namely, Mayo and Myriad – on the patent eligibility of gene-based inventions. Adopting a comparative approach, this paper critically examines whether isolated gene sequences and diagnostic methods qualify as patentable subject matter in several leading jurisdictions, including the US, Australia, Europe and the UK. An attempt will also be made, after carefully considering various arguments on both sides of the policy debate, at predicting what the future might hold (or, perhaps more accurately, at suggesting what the future …
Statutory Damages For Use Of A "Counterfeit Trade Mark" And For Copyright Infringement In Singapore: A Radical Remedy In The Law Of Intellectual Property Or One In Need Of A Rethink?, Gordon Ionwy David Llewelyn
Statutory Damages For Use Of A "Counterfeit Trade Mark" And For Copyright Infringement In Singapore: A Radical Remedy In The Law Of Intellectual Property Or One In Need Of A Rethink?, Gordon Ionwy David Llewelyn
Research Collection Yong Pung How School Of Law
The difficulty in (trade mark) counterfeiting and (copyright) piracy cases of assessing damages on traditional tortious principles led to the introduction into Singapore law of the statutory damages remedy in 2004, following the US–Singapore Free Trade Agreement. The new remedy does not require the successful plaintiff to prove its loss in the standard way and allows the court to take into account both the behaviour of the defendant and the need to deter such activities when making awards. Despite the radical nature of the remedy, which was generally welcomed by rights-owners at the time of its introduction more than a …
Time To Say Local Cheese And Smile At Geographical Indications Of Origin? International Trade And Local Development In The United States, Irene Calboli
Research Collection Yong Pung How School Of Law
In this Article, I offer some considerations on a possible compromising solution for the controversy between the European Union (EU) and the United States (U.S.) on the regulation of geographical indications of origin (GIs) as part of the negotiations in the Transatlantic Trade and Investment Partnership (TTIP). Notably, I advocate that the EU and the U.S. consider adopting a solution similar to that adopted in the Canada and European Union Comprehensive Economic and Trade Agreement (CETA). In particular, I note that, even though CETA accepted several of the EU’s requests to claw-back names that were not previously protected in Canada, …
Assessment Of Damages In Intellectual Property Cases: Some Recent Examples Of "The Exercise Of A Sound Imagination And The Practice Of A Broad Axe"?, Gordon Ionwy David Llewelyn
Assessment Of Damages In Intellectual Property Cases: Some Recent Examples Of "The Exercise Of A Sound Imagination And The Practice Of A Broad Axe"?, Gordon Ionwy David Llewelyn
Research Collection Yong Pung How School Of Law
There are few cases outside the US that deal with the assessment of damages for infringement of intellectual property rights. When they do, as Lord Shaw said: “[It involves] the exercise of a sound imagination and the practice of the broad axe.” This article discusses decisions where the infringer has ended up paying at the low end of what it would have paid as a legitimate user. One of the fundamental rights of the owner of an intellectual property right is the freedom to decide if others can use it, so the courts’ concern to avoid high awards can mean …
China's Ip Protection Minefield: Separating Fact From Fiction, David Llewelyn, Peter J. Williamson
China's Ip Protection Minefield: Separating Fact From Fiction, David Llewelyn, Peter J. Williamson
Research Collection Yong Pung How School Of Law
China is the key emerging market for international technology companies. Smart, well-informed IP and business strategies are required if companies are to make the most of what the country has to offer.
The United States Supreme Court’S Decision In Kirtsaeng V. Wiley & Sons: An “Inevitable” Step In Which Direction?, Irene Calboli
The United States Supreme Court’S Decision In Kirtsaeng V. Wiley & Sons: An “Inevitable” Step In Which Direction?, Irene Calboli
Research Collection Yong Pung How School Of Law
This opinion analyzes the decision of the Supreme Court of the United States in the case Kirtsaeng v. Wiley & Sons. In this decision, the Court ruled that the principle of copyright exhaustion as provided in Section 109(a) of the Copyright Act equally applies to products “lawfully made” in the United States as well as to products that have been “lawfully made” in foreign countries. This “revolutionary” decision came after almost two decades of conflicting positions, including two previous Supreme Court decisions that had failed to clarify the issue, notably Quality King v. L’anza and Costco v. Omega. Yet, a …
Redressing The Patent Imbalance In Genetic Testing, Cheng Lim Saw
Redressing The Patent Imbalance In Genetic Testing, Cheng Lim Saw
Research Collection Yong Pung How School Of Law
In one of the most highly anticipated decisions emanating from the apex Court in the US in recent times, the US Supreme Court in Association for Molecular Pathology v Myriad Genetics Inc was asked to consider, in the main, the patentability of a naturally occurring gene sequence which had been specifically isolated from the human genome. Although the patent was eventually denied, this seminal case will certainly not be the last word on what is clearly a very controversial subject, at least outside of the US.
Overlapping Copyright And Trademark Protection: A Call For Concern And Action, Irene Calboli
Overlapping Copyright And Trademark Protection: A Call For Concern And Action, Irene Calboli
Research Collection Yong Pung How School Of Law
Currently, many forms of intellectual property can qualify for protection both under trademark and copyright law. Granting trademark protection for these works has the potential to negatively impact the social bargain upon which copyright protection is built and justified. Over the past few decades several judicial decisions have recognized this overlapping protection; generally, however, the majority of courts have proved reluctant to comprehensively address the issue, and have consistently accepted that trademark protection can apply to creative works when they are used to identify products offered for sale in the market. This perceived judicial support has contributed to further overlapping …
Reading The Tea Leaves In Singapore: Who Will Be Left Holding The Bag For Secondary Trademark Infringement On The Internet, Irene Calboli
Reading The Tea Leaves In Singapore: Who Will Be Left Holding The Bag For Secondary Trademark Infringement On The Internet, Irene Calboli
Research Collection Yong Pung How School Of Law
No abstract provided.
In Territorio Veritas? Bringing Geographical Coherence Into The Ambiguous Definition Of Geographical Indications Of Origin, Irene Calboli
In Territorio Veritas? Bringing Geographical Coherence Into The Ambiguous Definition Of Geographical Indications Of Origin, Irene Calboli
Research Collection Yong Pung How School Of Law
In this article, I criticize what I call “ambiguous geographical origin” in the concept of geographical indications of origin (GIs) and note that the current definition of GIs in Art. 22(1) of TRIPS essentially misuses, or at least misinterprets, of the terms “geographical origin.” More specifically, I expose the partial inconsistency between the legal definition under TRIPs and the dictionary definition of the terms “geographical” and “origin”. In this respect, I point out that, from a strictly linguistic standpoint, the term “geographical”, in its variation as “geographic”, is defined as “of or relating to geography” and as “belonging to or …
Betty Boop And The Return Of Aesthetic Functionality: A Bitter Medicine Against 'Mutant Copyrights'?, Irene Calboli
Betty Boop And The Return Of Aesthetic Functionality: A Bitter Medicine Against 'Mutant Copyrights'?, Irene Calboli
Research Collection Yong Pung How School Of Law
This article offers a brief overview of the history and developments of the doctrine of aesthetic functionality in the United States and examines the recent decisions in Fleischer Studios, Inc v AVELA, Inc. In particular, the article argues that the courts in Fleischer added an important element to the interpretation of the doctrine, namely the fact that the courts seemed willing to resort to aesthetic functionality to counter the consequences resulting from the practice of using trade mark protection as an additional form of protection for copyrighted, or once copyrighted, creative works.
Strategies For Surviving In China's Intellectual Property Minefield, David Llewelyn, Peter J. Williamson
Strategies For Surviving In China's Intellectual Property Minefield, David Llewelyn, Peter J. Williamson
Research Collection Yong Pung How School Of Law
Despite a slowdown in China’s GDP growth from the double-digit heights of the last decade, it is still expanding at over 7% per annum – a growth rate that looks more sustainable. Growth in the other major emerging economies including India, Brazil and Russia, by contrast, has all but collapsed, at least for the present. Growth in the developed economies, meanwhile, remains fragile in the wake of their post-2008 financial crisis recessions. It is not surprising, therefore, that the Boards of many foreign companies are counting on winning share in the China market to support their top-line growth in coming …
The Use Of Experts In Legal Proceedings In Singapore Involving Intellectual Property Rights, David Llewelyn
The Use Of Experts In Legal Proceedings In Singapore Involving Intellectual Property Rights, David Llewelyn
Research Collection Yong Pung How School Of Law
In intellectual property (IP) cases decided in recent years in Singapore, the use of expert evidence is commonplace. Weaknesses in that expert evidence are commonplace too; sometimes the weaknesses are such that the evidence should be excluded, on other occasions they render the evidence of little value. However, in all cases the reliance on expert evidence will have increased the cost of the litigation for both sides (and rarely does the costs award make that increase good for the successful party). Aside from the more general policy concerns regarding expert evidence, this is an important reason why the courts must …
Is There Confusion In The Law Of Trade Marks In Singapore? Staywell Hospitality Group Pty Ltd V Starwood Hotels & Resorts Worldwide, Inc [2013] 1 Slr 489, David Llewelyn
Research Collection Yong Pung How School Of Law
The wording of s 8(2)(b) of the Trade Marks Act – which sets out the relative ground for refusal of a trade mark application for a mark that is the same or similar to an earlier mark registered in relation to the same or similar goods or services as long as there is a likelihood of confusion – is identical to that in s 27(2)(b) relating to infringement of a trade mark. The wording is taken from ss 5(2) and 10(2) of the UK Trade Marks Act 1994 (which in turn derives from the European Council Trade Marks Directive). The …
The Case For A Legislative Amendment Against Accessory Copyright For Grey Market Products: What Can The U.S. Learn From Singapore And Australia, Irene Calboli, Mary Lafrance
The Case For A Legislative Amendment Against Accessory Copyright For Grey Market Products: What Can The U.S. Learn From Singapore And Australia, Irene Calboli, Mary Lafrance
Research Collection Yong Pung How School Of Law
In this article, we suggest that the U.S. Congress could implement a legislative provision prohibiting copyright protection for incidental product features in the context of parallel imports. The U.S.would not be the first country to implement such a provision. In 1994, Singapore pioneered the adoption of a similar provision, which was introduced as an amendment to the SG 1987 Copyright Act. A few years later, in 1998, Australia incorporated a similar amendment to its Aust. Copyright Act 1968. In this article, we analyse in detail the Singapore and Australia provisions and, building upon these provisions, we suggest a specific amendment …
Corporate Strategies, First Sale Rules, And Copyright Misuse: Waiting For Answers From Kirstsaeng V. Wiley And Omega V. Costco (Ii), Irene Calboli
Corporate Strategies, First Sale Rules, And Copyright Misuse: Waiting For Answers From Kirstsaeng V. Wiley And Omega V. Costco (Ii), Irene Calboli
Research Collection Yong Pung How School Of Law
In this Essay, I continue my previous analysis of the first sale rule (or principle of exhaustion) in intellectual property law in the context of international trade. In particular, I highlight the differences between the first sale rules in trademark and copyright law — in particular, international first sale in trademark law and national first sale (at least to date) in copyright law — and criticize the corporate trend to invoke copyright protection for incidental product features of otherwise functional and uncopyrightable products in order to restrict the importation of gray market (genuine) products into the United States. During the …
The Need And Justification For A General Competition-Oriented Compulsory Licensing Regime, Kung-Chung Liu
The Need And Justification For A General Competition-Oriented Compulsory Licensing Regime, Kung-Chung Liu
Research Collection Yong Pung How School Of Law
There seems to be little or no discussion about the need of and justification for a general compulsory licensing that could be applicable to all IP laws. This author has previously argued, by referencing to competition law, in 2008 that it is paramount for the WTO to revise the TRIPS Agreement, so as to include substantive grounds for granting compulsory patent licenses. In so doing, the preservation of competition should be factored in as one of the public policy objectives. As a follow-up study this paper takes an IP-internal approach (therefore will only consult competition law in a very limited …
Reviewing The (Shrinking) Principle Of Trademark Exhaustion In The European Union (Ten Years Later), Irene Calboli
Reviewing The (Shrinking) Principle Of Trademark Exhaustion In The European Union (Ten Years Later), Irene Calboli
Research Collection Yong Pung How School Of Law
Ten years ago, I published an article in the Marquette Intellectual Property Law Review titled “Trademark Exhaustion in the European Union: Community-Wide or International? The Saga Continues.” In that article, I described the development of the principle of trademark exhaustion in the European Union (EU) and analyzed the interplay among trademark protection, trademark territoriality, and the treatment of the parallel importation of gray market products—unauthorized genuine goods imported from foreign countries—under Article 7 of the Trademark Directive (Article 7). In this Essay, I continue to explore, ten years after my 2002 article, the development of the principle of trademark exhaustion …