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Articles 1 - 17 of 17

Full-Text Articles in Law

Copyright Infringement In A Borderless World: Does Territoriality Matter?, Susanna Leong, Cheng Lim Saw Apr 2011

Copyright Infringement In A Borderless World: Does Territoriality Matter?, Susanna Leong, Cheng Lim Saw

Cheng L Saw

The recent decision of the Supreme Court of Canada in Society of Composers, Authors and Music Publishers of Canada v Canadian Association of Internet Providers [2004] 2 SCR 427 is significant for two reasons: (a) the Canadian Supreme Court held that Internet Service Providers should be exempted from copyright liability as long as they provide only a conduit service in transmitting copyright materials between Internet users (a point which is consistent with many national copyright laws); (b) the majority of the Canadian Supreme Court arrived at the conclusion that the appropriate test to determine whether an infringement for the unauthorized …


Goodwill Hunting In Passing Off: Time To Jettison The Strict "Hard Line" Approach In England?, Cheng Lim Saw Apr 2011

Goodwill Hunting In Passing Off: Time To Jettison The Strict "Hard Line" Approach In England?, Cheng Lim Saw

Cheng L Saw

Lawyers in the Commonwealth are all too familiar with the common law action in passing off, which has been described as “the oldest of the modern legal regimes for the protection of trade symbols”. To bring an action in passing off, a claimant must establish the “classical trinity”: goodwill, misrepresentation and damage. The subject under discussion in this article, however, relates principally to the first of these elements (i.e. goodwill), and, more specifically, addresses the question as to whether a foreign trader, who may not be carrying on business in the jurisdiction, can nevertheless assert that he enjoys goodwill therein. …


A Retreat From Bryan V Maloney In Australia?, Cheng Lim Saw, Gary Kok Yew Chan, Andrew Phang Apr 2011

A Retreat From Bryan V Maloney In Australia?, Cheng Lim Saw, Gary Kok Yew Chan, Andrew Phang

Cheng L Saw

No abstract provided.


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.


Criminalising Primary Copyright Infringement In Singapore: Who Are The Real Online Culprits?, Cheng Lim Saw, Susanna Leong Apr 2011

Criminalising Primary Copyright Infringement In Singapore: Who Are The Real Online Culprits?, 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 …


Copyright, Cheng Lim Saw Apr 2011

Copyright, Cheng Lim Saw

Cheng L Saw

No abstract provided.


Protecting The Sound Of Silence In 4'33: A Timely Revisit Of Basic Principles In Copyright Law, Cheng Lim Saw Apr 2011

Protecting The Sound Of Silence In 4'33: A Timely Revisit Of Basic Principles In Copyright Law, Cheng Lim Saw

Cheng L Saw

No abstract provided.


The Originality Debate In Copyright Law: The Canadian Perspective, Cheng Lim Saw Apr 2011

The Originality Debate In Copyright Law: The Canadian Perspective, Cheng Lim Saw

Cheng L Saw

No abstract provided.


Singapore's Accession To The Madrid Protocol: The Dawn Of A New Era For The International Registration Of Marks, Cheng Lim Saw Apr 2011

Singapore's Accession To The Madrid Protocol: The Dawn Of A New Era For The International Registration Of Marks, Cheng Lim Saw

Cheng L Saw

No abstract provided.


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.


The House Of Lords At The Crossroads Of Privacy And Confidence, Cheng Lim Saw, Gary Kok Yew Chan Apr 2011

The House Of Lords At The Crossroads Of Privacy And Confidence, Cheng Lim Saw, Gary Kok Yew Chan

Cheng L Saw

No abstract provided.


Anns And Junior Books Again? A View From Singapore, Andrew Phang, Gary Kok Yew Chan, Cheng Lim Saw Apr 2011

Anns And Junior Books Again? A View From Singapore, Andrew Phang, Gary Kok Yew Chan, Cheng Lim Saw

Cheng L Saw

No abstract provided.


Is Anns Alive And Well In Singapore?, Cheng Lim Saw Apr 2011

Is Anns Alive And Well In Singapore?, Cheng Lim Saw

Cheng L Saw

No abstract provided.


Of Precedent, Theory And Practice: The Case For A Return To Anns, Andrew Boon Leong Phang, Cheng Lim Saw, Gary Kok Yew Chan Apr 2011

Of Precedent, Theory And Practice: The Case For A Return To Anns, Andrew Boon Leong Phang, Cheng Lim Saw, Gary Kok Yew Chan

Cheng L Saw

The English position with respect to duty of care in the context of recovery for pure economic loss is clear and is firmly set against recovery, as stated in the leading decision of the House of Lords in Murphy v. Brentwood District Council. The decisions of the House have long had an important-even decisive-impact on the common law landscape across the Commonwealth. However, this is one of the rare situations where there have been departures in the Commonwealth from the established English position. These departures have, nevertheless, been by no means uniform. Yet, one common theme that unifies these approaches …