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Intellectual Property Law Commons

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Full-Text Articles in Intellectual Property Law

Revisiting Authorisation Liability In Copyright Law, Cheng Lim Saw, Warren B. Chik Apr 2013

Revisiting Authorisation Liability In Copyright Law, Cheng Lim Saw, Warren B. Chik

Warren Bartholomew Chik

In this article, the authors revisit the origins and purpose of the law on authorising infringement and propose that the word “authorise” should bear the dictionary meaning of “sanction, approve, countenance”, in lieu of the phrase “grant or purported grant” as adopted in the CBS Songs Ltd v Amstrad Consumer Electronics plc ([1988] AC 1013) decision. The authors will also examine a non-exhaustive list of factors for determining authorisation liability. The suggested approach seeks to expand the scope of indirect copyright liability in Singapore, which is necessary in the face of increasing incursions into the sphere of copyright protection.


Where Copyright Law And Technology Once Again Cross Paths: The Continuing Saga: Recordtv Pte Ltd V Mediacorp Tv Singapore Pte Ltd [2011] 1 Slr 830, Cheng Lim Saw, Warren B. Chik Aug 2012

Where Copyright Law And Technology Once Again Cross Paths: The Continuing Saga: Recordtv Pte Ltd V Mediacorp Tv Singapore Pte Ltd [2011] 1 Slr 830, Cheng Lim Saw, Warren B. Chik

Warren Bartholomew Chik

This article critically analyses the issues and reasoning behind the recent Singapore Court of Appeal decision in RecordTV Pte Ltd v Mediacorp TV Singapore Pte Ltd on the legality of digital copying and communications technology under Singapore’s copyright law and offers a different perspective (and some alternative arguments) on the three issues of copying, communication to the public and authorisation of copyright infringement. In particular, we will identify the relevant party to these acts and examine their definitions, based on the current statutory provisions and the history of the development of copyright law vis-à-vis modern technology.


Is There A Defence Of Public Interest In The Law Of Copyright In Singapore?, Cheng Lim Saw Apr 2011

Is There A Defence Of Public Interest In The Law Of Copyright In Singapore?, Cheng Lim Saw

Cheng L Saw

No abstract provided.


Chinese Intellectual Property Law And Practice [Book Review], Cheng Lim Saw Apr 2011

Chinese Intellectual Property Law And Practice [Book Review], Cheng Lim Saw

Cheng L Saw

No abstract provided.


Defining Criminal Liability For Primary Acts Of Copyright Infringement: The Singapore Experience, Cheng Lim Saw, Susanna Leong Apr 2011

Defining Criminal Liability For Primary Acts Of Copyright Infringement: The Singapore Experience, Cheng Lim Saw, Susanna Leong

Cheng L Saw

No abstract provided.


Does P2p Have A Future? Perspectives From Singapore, Cheng Lim Saw, Winston T. H. Koh Apr 2011

Does P2p Have A Future? Perspectives From Singapore, Cheng Lim Saw, Winston T. H. Koh

Cheng L Saw

On 16 November 2004, the Singapore Parliament passed the Copyright (Amendment) Act (Act 52 of 2004) to amend the Copyright Act 1987 (the 'Act').1 These amendments, being the most extensive since the Act was last revised in 1999 and passed pursuant to Singapore’s obligations under the IP Chapter of the United States – Singapore Free Trade Agreement ('USSFTA'), came into force in Singapore on 1 January 2005. Not long before this, Parliament had already amended the Act by increasing the term of protection for authors' works to life plus 70 years (up from 50 years) and for sound recordings, cinematograph …


Law Of Trade Marks And Passing Off In Singapore (2nd Ed.) [Book Review], Cheng Lim Saw Apr 2011

Law Of Trade Marks And Passing Off In Singapore (2nd Ed.) [Book Review], Cheng Lim Saw

Cheng L Saw

No abstract provided.