Intellectual Property (IP) is vital and fundamental for most businesses. Whether it is an invention, trademark, design, brand or logo, it is a creation that is valuable to a business or organisation – which requires it to be legally protected as a key asset.
Singapore has one of the most robust jurisdictions when it comes to protection of a company’s intellectual property. According to the 2019 World Economic Forum’s Global Competitiveness Index, Singapore ranked second in the world in intellectual property protection. To register an intellectual property, the Intellectual Property Office of Singapore (IPOS) is the lead government agency that maintains the registers and works with businesses on their needs.
Intellectual property is not just about the law and legal rights. It is about innovation, ideas, development and business. If used strategically and effectively, intellectual property enhances an enterprise’s edge and competitiveness, as well as providing financial opportunities such as sale, licensing and business partnerships.
There are different types of intellectual property rights that can be registered but the three main ones most businesses should consider are patent, trademarks and copyright.
Patent
If your company invents something and wishes to protect the invention from being copied and used by others, a patent right must be registered to allow your firm to have exclusive right to use the patent. This means no one else can take advantage of it unless permission is sought. A patent can be registered for a new product, process or technical improvement on existing technology.
According to IPOS, “a patent is a right granted to the owner of an invention that prevents others from making, using, importing or selling the invention without his permission.”
For an invention to be patentable, it must fulfil three criteria:
– New: The invention should not be known publicly in any way, anywhere in the world and should be kept secret until a patent application has been successfully made. This is to prevent compromising the novelty of the invention or commercially exploited.
- Inventive step: The invention must be an improvement over any existing product or process that is already available. The improvement must not be obvious to someone with technical skills or knowledge in the field of the invention.
– Industrial application: The invention must be useful and have some form of practical application. It should be capable of being made or used in some form of industry.
A patent can be registered either with IPOS (if applicant is applying for a patent in Singapore only) or under the Patent Cooperation Treaty (PCT) if an applicant wishes to apply for a patent in multiple countries. Singapore patents are protected internationally under the PCT.
Once a patent is granted, it will be protected for 20 years from date of filing, after which, the patent is to be maintained yearly, starting from the 5th year. The owner of the patent also has the right to use, sell or license it.
Trademark
A trademark is a symbol, logo or brand name that businesses use to distinguish themselves from others. In Singapore, it is possible to register a trademark so that it is protected under the Trade Marks Act. It is essential for businesses to register their trademark to prevent other similar businesses from using the same logo or brand name.
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A trademark lasts indefinitely as long it is registered every 10 years. It can also be sold or licensed to others. However, if the owner of the trademark does not use it within five years of registering it, the trademark will be revoked.
To register a trademark, it must fulfil the following criteria:
- It must be distinctive and not descriptive. For example, “Soap” is not a permissible trademark for a soap producer as it describes the good. Ambiguous words such as “super”, “best” or “cheap” are considered too descriptive to be trademarks.
- It cannot be identical to another trademark that is being used in Singapore so that it does not confuse the public.
– The trademark must not offend or promote immoral behaviour.
Before registering, check if the trademark is not already used by another business by performing a Similar Mark Search to determine the classification for your business’ goods and or services. Trademarks can registered at IPOS and when doing so, businesses can register for several classes of goods and or services at the same time. Trademarks can be registered only in Singapore or internationally.
If a registered trademark is infringed, the court can award civil damages and issue an injunction. In instances where a counterfeit trademark is used, damages of up to $1 million may be rewarded to the trademark owner and if found guilty, the infringer may be fined of up to $100,000 and a jail term of up to five years.
Copyright
Works like novels, computer programmes, plays, music, film, photographs and paintings can be protected by copyright. The owner of the copyright controls the use and commercial exploitation of these works. He or she also has the right to prevent others from reproducing, publishing, performing or adapting the work. However, ideas cannot be protected as copyright protects the expression of such ideas in tangible forms.
The duration of a copyright depends on the type of work that is protected.
- Literary, dramatic, musical and artistic works: 70 years from the end of the year in which the creator died.
- Published editions of literary, dramatic, musical and artistic works: 25 years from the end of the year in which the edition was first published.
- Sound recordings: 70 years from the end of the year in which the sound recording is first published.
- Broadcasts and cable programmes: 50 years from the end of the year of making the broadcast or cable programme.
– Performances: 70 years from the end of the year of the performance.
Although by default, the creator of the work usually owns the copyright, there are instances where the creator does not. For example, employees who created the works during employment do not own the work. In this case, the business that hired the employee is the creator and owns the copyright instead.
If someone was commissioned to create a piece of work, for instance a portrait, photograph, engraving or writing an article, the person who commissioned or paid for the creation will automatically own the copyright in those works.
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Copyright is like real estate. It can be sold or leased to a third party to use. Such transfers or licensing is usually carried out by a written contract and payment of fees. Infringement of copyright is a criminal offence and happens when a third party uses or make a copy of the copyrighted work without obtaining permissions or license. However, depending on the circumstances, there are instances when permission is not required such as fair dealing or for education institutions.
When it comes to digital content on websites or social media, it is important to bear in mind that just because the content is freely accessible online does not mean it is free for use. A check of the terms and conditions of the website or social media platform is warranted before using any material and when necessary, contact the copyright owner to seek permission.
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