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Full-Text Articles in Law

The Singapore Personal Data Protection Act And An Assessment Of Future Trends In Data Privacy, Warren B. Chik Jun 2014

The Singapore Personal Data Protection Act And An Assessment Of Future Trends In Data Privacy, Warren B. Chik

Warren Bartholomew CHIK

In the first part of this paper, I will present and explain the Singapore Personal Data Protection Act (“PDPA”) in the context of legislative developments in the Asian region and against the well-established international baseline privacy standards. In the course of the above evaluation, reference will be made to the national laws and policy on data privacy prior to the enactment of the PDPA as well as current social and market practices in relation to personal data. In the second part of this paper, I will decipher and assess the future trends in data privacy reform and the future development …


The Google Conundrum: Perpetrator Or Facilitator On The Net? - Forging A Fair Copyright Framework Of Rights, Liability And Responsibility In Response To Search Engine 2.0 - Part Ii: The Google Books Search Project, Warren B. Chik Apr 2013

The Google Conundrum: Perpetrator Or Facilitator On The Net? - Forging A Fair Copyright Framework Of Rights, Liability And Responsibility In Response To Search Engine 2.0 - Part Ii: The Google Books Search Project, Warren B. Chik

Warren Bartholomew CHIK

Is Google in its quest for search engine optimization through the creation of new technologies, which not only improves its search algorithms but also refines its search functions for users, doing it in a manner that makes it a perpetrator of primary copyright infringement or an invaluable facilitator for Internet functionality? How should the balance of interests in the treatment of creative works be recalibrated in the face of changes in search engine technology and operations, and the disputes that have arisen within the last decade in the context of the digital age and its needs? Using Google as a …


Opportunity Lost? Revisiting Recordtv V Mediacorp Tv, Warren B. Chik, Cheng Lim Saw Aug 2012

Opportunity Lost? Revisiting Recordtv V Mediacorp Tv, Warren B. Chik, Cheng Lim Saw

Warren Bartholomew CHIK

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 …


Paying It Forward: The Case For A Specific Statutory Limitation On Exclusive Rights For User-Generated Content Under Copyright Law, Warren B. Chik Aug 2012

Paying It Forward: The Case For A Specific Statutory Limitation On Exclusive Rights For User-Generated Content Under Copyright Law, Warren B. Chik

Warren Bartholomew CHIK

This article examines user-generated content (“UGC”) and the significance of re-inventions in the context of an increasingly user-centric internet environment and an information sharing society. It will explain the need to provide a statutory limitation in the form of an exception or exemption for socially beneficial UGC on the exclusive rights under copyright law. This will also have the effect of protecting the internet intermediary that hosts and shares UGC. Nascent but abortive attempts have been made by Canada to introduce just such a provision into her copyright legislation, while some principles and rules have also emerged from various interest …


The Google Conundrum: Perpetrator Or Facilitator On The Net? - Forging A Fair Copyright Framework Of Rights, Liability And Responsibility In Response To Search Engine 2.0 - Part I: The Google Images Search Engine, Warren B. Chik Aug 2012

The Google Conundrum: Perpetrator Or Facilitator On The Net? - Forging A Fair Copyright Framework Of Rights, Liability And Responsibility In Response To Search Engine 2.0 - Part I: The Google Images Search Engine, Warren B. Chik

Warren Bartholomew CHIK

Is Google in its quest for search engine optimization through the creation of new technologies, which not only improves its search algorithms but also refines its search functions for users, doing it in a manner that makes it a perpetrator of primary copyright infringement or an invaluable facilitator for Internet functionality? How should the balance of interests in the treatment of creative works be recalibrated in the face of changes in search engine technology and operations, and the disputes that have arisen within the last decade in the context of the digital age and its needs? Using Google as a …


Information Technology, Warren Bartholomew Kam Wai Chik Jan 2012

Information Technology, Warren Bartholomew Kam Wai Chik

Warren Bartholomew CHIK

No abstract provided.


The Case For Sports Law Arbitration And Practice In Singapore, Kam Wai, Warren Bartholomew Chik Jan 2012

The Case For Sports Law Arbitration And Practice In Singapore, Kam Wai, Warren Bartholomew Chik

Warren Bartholomew CHIK

No abstract provided.


Proposed Anti-Spam Legislation Model In Singapore - Are We Losing The War Before Even Starting The Battle?, Warren B. Chik Jan 2012

Proposed Anti-Spam Legislation Model In Singapore - Are We Losing The War Before Even Starting The Battle?, Warren B. Chik

Warren Bartholomew CHIK

Unsolicited messages have grown into an intractable parasite on the underbelly of an otherwise effectual and vibrant electronic communications regime. There has been a sudden surge in the enactment of anti-spam laws globally within the last couple of years. On 25 May 2004, the Infocomm Development Authority of Singapore and the Attorney-General’s Chambers of Singapore jointly released a Consultation Paper on a Proposed Legislative Framework for the Control of E-mail Spam in Singapore. It is timely to consider the proposed anti-spam legislation model for Singapore in the light of such existing laws in other countries and their levels of effectiveness …


The Law Of International Commercial Arbitration In Singapore, Warren B. Chik Jan 2012

The Law Of International Commercial Arbitration In Singapore, Warren B. Chik

Warren Bartholomew CHIK

The Singapore dispute resolution landscape entered the new millennium with the reconstruction of the dual carriageway for arbitration. In 2002, the old road to arbitral resolution of disputes ( i.e. , the old Arbitration Act and the old International Arbitration Act ) were reconstructed and what emerged were two updated legislations: the Arbitration Act and the International Arbitration Act . At about the same time, the Singapore International Arbitration Centre (SIAC) also diversified with the introduction of a new set of Domestic Arbitration Rules.


'Customary Internet-Ional Law': Creating A Body Of Customary Law For Cyberspace. Part 1: Developing Rules For Transitioning Custom Into Law, Warren B. Chik Jan 2012

'Customary Internet-Ional Law': Creating A Body Of Customary Law For Cyberspace. Part 1: Developing Rules For Transitioning Custom Into Law, Warren B. Chik

Warren Bartholomew CHIK

The shift in socio-economic transactions from realspace to cyberspace through the emergence of electronic communications and digital formats has led to a disjuncture between the law and practices relating to electronic transactions. The speed at which information technology has developed require a faster, more reactive and automatic response from the law that is not currently met by the existing law-making framework. This paper suggests the development of special rules to enable Internet custom to form legal norms to fulfill this objective. In Part 1, I will describe the socio-economic problems and stresses that electronic transactions place on existing policy and …


Paying It Forward: The Case For A Specific Statutory Limitation On Exclusive Rights For User-Generated Content Under Copyright Law, Warren Bartholomew Chik Asst. Prof. Of Law Aug 2011

Paying It Forward: The Case For A Specific Statutory Limitation On Exclusive Rights For User-Generated Content Under Copyright Law, Warren Bartholomew Chik Asst. Prof. Of Law

Warren Bartholomew CHIK

This article examines the User-Generated Content (UGC) phenomena and the significance of re-inventions in the context of an increasingly user-centric Internet environment and an information sharing society. It will explain the need to provide a statutory limitation in the form of an exception or exemption for socially beneficial UGC on the exclusive rights under copyright law. This will also have the effect of protecting the Internet intermediary that hosts and shares UGC. Nascent but abortive attempts have been made by Canada to introduce just such a provision into her copyright legislation, while some principles and rules have also emerged from …