Confidential information and registered designs in singapore
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CONFIDENTIAL
INFORMATION AND
REGISTERED DESIGNS
Intellectual Property in Singapore
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When you can sue for
Breach of Confidence
• (a) the information must have the
necessary quality of confidence;
• (b) the information must have been shared
in circumstances creating an obligation of
confidence; and
• (c) there must be an unauthorised use of
the information
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(1) Info must be confidential
• The information must not already be available to the public at large
• It does not have to be new
• The information can be technical, commercial and personal matters
• Mere gossip or scandal or immoral material is not protectable.
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(1) Info must be confidential
Information is likely to be considered to be confidential if
(a) Release would injure the owner
(b) Release would benefit others;
(c) The owner reasonably believes it is secret
(d) The information is judged confidential in its trade or industry
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(1) Info must be confidential
• The owner must
clearly and
specifically identify
the confidential
information
• Good reason to use
arbitration instead of
the courts
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(Thomas Marshall (Exports) Ltd v
Guinle [1976] FSR 345)
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(Thomas Marshall (Exports) Ltd v
Guinle [1976] FSR 345)
• How can they tell what is confidential?
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(2) There must be an obligation
• The obligation can arise by contract or by implication of law – lawyer and his client,
– banker and his customer and
– employer and employee
• OR
• Discussing information (e.g. business plan) with a potential business partner
• You will NOT be bound by if you are unaware of the confidential nature
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(2) There must be an obligation
• An ex-employee is not
• He can make use of memory of info acquired during employment,
• EXCEPT trade secrets and information covered by contract
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(2) There must be an obligation
• What is a trade secret? Depends on
• (a) the nature of the employment;
• (b) the nature of the information;
• (c) how the information was handled in the company
• (d) whether the information could easily be isolated from the other information that the employee could use.
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(3) There must be unauthorized
use
You have an OBLIGATION not to use the info
• If it is unconscionable
• Even if you do not appreciate the confidentiality
• Even if you have no intention to take advantage
• Even if you use the information "subconsciously"
She shouldn’t share the info
that I gave her!
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(3) There must be unauthorized
use
• A third party will not
be liable if he did not
know if was
confidential
• But ONCE HE
KNOWS, he can be
restrained
Can I stop the 3rd party from
spreading further?
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(3) There must be unauthorized
use
• Unauthorised
disclosure is allowed
– If it is in the public
interest
– or there is a just cause
or excuse
– (e.g. to prevent cover-
up of a wrongdoing)
I’m telling you this so that we can stop her from cheating
on the exam
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Is this confidential information?
Can it be disclosed?
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Injunction
• When $ won’t cure
Damages
• To compensate
Account
• Take over the profits he made
Delivery
• Return the files, docs etc
REMEDIES
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Registered Designs
• Design =features of shape, configuration,
pattern or ornament applied to an article
by an industrial process.
• It is the appearance of articles we see
everyday.
• Registered Designs protect designs for
industrial use
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Copyright or RDA?
• Some designs which qualify for protection under the RDA are also original artistic works (under copyright)
• There is no combined protection
• Protection is available under RDA only.
• If your artistic work is a registrable design then you must register under the RDA; otherwise, there would be no protection for the design at all.
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Criteria for Registration
• The subject matter must be
– a `design´,
– which is `new´.
• ‘Design´ = shape, configuration, pattern or ornament applied to an article by any industrial process
• ‘New’ = not the same as any other design that has been registered or published or sold in Singapore or elsewhere
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What cannot be registered
• (a) Designs which are dictated solely by the function which the article has to perform (`functionality´)
• (b) Designs which are dependent upon the appearance of another article, of which it is intended by the designer
• to form an integral part (the `must match´ exclusion).
• (c) Designs which enable the article to be connected to, or placed in, around or against, another article so that either article may perform its function (the `must fit´ exclusion).
• (d) Methods or principles of construction.
• (e) Computer programs or layout designs of integrated circuits.
• (f) Designs for articles which are of a primarily artistic character such as wall plaques, medals, book jackets, dress-making patterns.
• (g) Designs the publication or use of which would be contrary to public order or morality.
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Will this be registrable?
Electrical Meter Box
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Will this be registrable?
Orchid in brooches, pendants
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Will this be registrable?
Electrical Isolator
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Will this be registrable?
Phone cover #1 Phone cover #2
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Will this be registrable?
Medal
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Will this be registrable?
Slogans
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Who owns a design?
• The owner of a design is usually the
person who created the design BUT
• (a) Design created under commission -
commissioning party is the owner
• (b) Design created by an employee in the
course of employment - employer
is the owner.
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Integrated circuit
• A layout-design of an
integrated circuit =
the three-dimensional
character of the
elements and
interconnections of an
integrated circuit.
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Integrated circuit
• An integrated circuit (IC) = electronic circuit in which the elements of the circuit are integrated into a medium, and which functions as a unit.
• The terms "integrated circuit", "semiconductor" and "silicon chip" are used interchangeably
• BUT this could expand to other non-silicon technologies
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What is protected?
• It is not necessary to register!
• A citizen or resident of Singapore who owns a layout-design, can gain automatic protection for an ORIGINAL layout-design – the result of the creator's own intellectual effort,
– and is not commonplace
• Protected for 10 years if it is first used commercially within five years of creation
• Otherwise, protected for 15 years from the date of its creation.