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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 …
A Look Back At Public Policy, The Legislature, The Courts And The Development Of Copyright Law In Singapore: Twenty-Five Years On, George S. S. Wei
A Look Back At Public Policy, The Legislature, The Courts And The Development Of Copyright Law In Singapore: Twenty-Five Years On, George S. S. Wei
Research Collection Yong Pung How School Of Law
The purpose of this article is to review the development of copyright law in Singapore over the past 25 years and to examine how public policy considerations have shaped legislative and judicial development of copyright law principles. The article begins with a review of legislative activity and includes a brief survey of the public consultation exercises that have taken place on reform proposals. Included is a discussion of statutory amendments in respect of exhaustion of rights and fair dealing. This is followed by a discussion of some copyright case law, with a view to identifying judicial copyright policy approaches and …
Opportunity Lost? Revisiting Recordtv V Mediacorp Tv, Warren B. Chik, Cheng Lim Saw
Opportunity Lost? Revisiting Recordtv V Mediacorp Tv, Warren B. Chik, Cheng Lim Saw
Research Collection Yong Pung How School Of Law
Taking the Singapore Court of Appeal’s Decision in RecordTV Pte Ltd v MediaCorp TV Singapore Pte Ltd [2011] 1 SLR 830, this article seeks to argue that the copyright fair dealing defence would have been the more appropriate basis to exempt RecordTV, a digital recording service for recording television programmes, from primary copyright liability. This judicial approach towards legalising digital video recorder (“DVR”) services is more suitable taking into consideration the following: The role and objectives of copyright law in Singapore; the history and development of the fair dealing defence (including the latest amendments pursuant to the US-Singapore Free Trade …