Syllabus Focus: Unit 2 Module 3 Content 8

Specific Objective 8: distinguish among copyright, patent, and trademark laws;

Content: Explanation of terms copyright, patent and trademark; differences.

Copyright
The exclusive rights of the owner of the copyright on a work to make and distribute
copies, prepare derivative works, and perform and display the work in public (these
last two mainly apply to plays, films, dances and the like, but could also apply to
software).

A work, including a piece of software, is under copyright by default in most countries,

whether or not it displays a copyright notice. However, a copyright notice may make
it easier to assert ownership. The copyright owner is the person or company whose
name appears in the copyright notice on the box, or the disk or the screen or wherever.
Most countries have agreed to uphold each others' copyrights.

A copyright notice has three parts. The first can be either the copyright symbol (a
letter C in a circle), the word "Copyright" or the abbreviation "Copr". Only the first of
these is recognised internationally and the common ASCII rendering "(C)" is not valid
anywhere. This is followed by the name of the copyright holder and the year of
publication. The year should be the year of _first_ publication, it is not necessary as
some believe to update this every year to the current year. Copyright protection in
most countries extends for 50 years after the author's death.

Originally, most of the computer industry assumed that only the program's underlying
instructions were protected under copyright law but, beginning in the early 1980s, a
series of lawsuits involving the video screens of game programs extended protections
to the appearance of programs.

Use of copyright to restrict redistribution is immoral, unethical and illegitimate. It is a

result of brainwashing by monopolists and corporate interests and it violates
everyone's rights. Such use of copyrights and patents hamper technological progress
by making a naturally abundant resource scarce. Many, from communists to right
wing libertarians, are trying to abolish intellectual property myths.

Taken from: http://foldoc.org/copyright; retrieved on January 16, 2016

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 What is a Patent?

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.
A patentable invention can be a product or a process that gives a new technical solution to a
problem. It can also be a new method of doing things, the composition of a new product, or a
technical improvement on how certain objects work.
Once it is granted, its term of a patent is 20 years from the Date of Filing, subject to the payment
of annual renewal fees.

The benefits of registering a patent

Once you register a patent, apart from using the patent to prevent others from exploiting your
invention, you can employ it to raise funds for your business, license it to third parties for
commercial returns or sell the patented invention.

For an invention to be patentable, it must, in general, satisfy three key criteria:

1. New – The invention should not be publicly known in any way, anywhere in the world.
Owners of inventions should be careful to keep the invention secret until a patent application has
been successfully made. If the idea has already been talked about, commercially exploited,
advertised or demonstrated, then the novelty of the invention may be compromised.
If the invention needs to be disclosed to a third party before a patent application has been made,
a non-disclosure agreement should be drawn up.
Once a Date of Filing has been obtained for the patent application, the invention can claim a
"Patent Pending" status and the applicant can proceed to disclose the invention as indicated in
the patent application to interested parties. As part of the application process, the patent
application will be published after 18 months and if the statutory requirements are met. Once
published, details of the invention will be made available for public inspection.

2. Inventive step – The invention must be something that represents 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
invention’s particular field. If an invention is new yet obvious to a person skilled in the art, the
invention would not fulfil the inventive step requirement.

3. 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.

The following is not a patentable invention:

▪ An invention of a method for the treatment of the human or animal body by surgery or
therapy, or of a diagnosis practised on the human or animal body.

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 ▪ An invention that could encourage offensive, immoral or anti-social behaviour, even if it
satisfies the key criteria for patents.

Taken from:
http://www.ipos.gov.sg/AboutIP/TypesofIPWhatisIntellectualProperty/Whatisapatent.aspx;
retrieved on January 16, 2016

What is a Trade Mark?

A trade mark is a sign that you can use to distinguish your business’ goods or services from those
of other traders.
A trade mark can be represented graphically in the form of your company’s logo or a signature.
Through a registered trade mark, you can protect your brand (or “mark”) by restricting other
people from using its name or logo.
Once acquired, a trade mark can last indefinitely as long as you renew it every 10 years. Because
a registered trade mark is a form of IP, you can license or assign it to others.

The benefits of registering a trade mark

It is not compulsory to register a trade mark in Singapore.
For a mark that is not registered, you may rely on your rights under the common law action of
"passing off" to protect your mark against imitation or infringement.
However, if you register a trade mark in relation to your goods and/or services, you are
effectively gaining a statutory monopoly of your mark. A trade mark can add value to your
business because it can be used to protect your market share, you can license it to third parties
such as a franchisee, or you can sell it outright for a specified value. You can also use a trade
mark to help you to raise equity for the development of your business.

Trade Mark Classification

Singapore uses the International Classification of Goods and Services, under the Nice
Agreement, to classify trade mark registrations. This classification sets out 34 different classes of
goods and 11 classes of services that a trader can register in relation to a mark. The full list of
classes can be found here.
The following can be registered as a trade mark but a mark must be distinctive and capable of
distinguishing your goods or services from similar ones of other traders:

▪ letters
▪ words
▪ names
▪ signatures
▪ labels
▪ devices

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 ▪ tickets
▪ shapes
▪ colours

or any combination of these elements.

The following are some common examples of marks that cannot be registered as a trade mark:

▪ Marks that are descriptive (e.g. super, best, cheap, one dozen)
▪ Marks that are common to your trade (ones that have become well accepted in relation to
your trade and do not distinguish the goods or service you are offering)
▪ Marks that could offend or promote immoral behaviour
▪ Deceptive marks (ones that could misrepresent the nature, quality or geographical origin
of the goods or services)
▪ Marks that are identical to earlier marks
▪ Marks that could cause confusion (similar or identical to an earlier mark and in relation to
similar or identical goods or services provided by the owners of the earlier mark)
▪ Marks that are identical or similar to Well Known Marks

You can check whether the mark you wish to register is similar or identical to an earlier mark
via eFiling.

Trade mark symbols

If you successfully register a trade mark, you are permitted to use the ® symbol next to your
mark. Another common symbol associated with trade mark is ™ − this denotes that the mark is
being used by the company as their trade mark but it does not mean that the mark is registered or
protected under the trade mark law.

Other marks
There are a number of other types of marks that you might find are appropriate for your business.

▪ Certification marks
This mark is granted to people who wish to certify the characteristics of a particular
goods or service. The certification can relate to the origin, material or mode of
manufacture of the goods, or the performance, quality or accuracy of a service. By
applying for a certification mark, goods and services are easily distinguishable from other
non-certified goods or services on the market. For example, if your product is organic,
you may be in a position to use a certified organic mark on your packaging.

▪ Collective marks
This is a sign that is used to distinguish the goods and services offered by an association
or group of traders from those being offered by non-members of the association. Once
registered, all members of the group can use the collective mark; it is an effective way to
indicate that your business is a member of a wider group of traders.

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 ▪ Government agency marks (Rule 13)
IPOS has a separate database for all logos or devices that are used by government
agencies. These may not be registered marks if the agency isn’t providing goods or
services. However, if you are looking to register a logo that might be similar to one being
used by a government agency, you will need to seek permission from that particular
organisation before you utilise it.

Taken from:
http://www.ipos.gov.sg/AboutIP/TypesofIPWhatisIntellectualProperty/Whatisatrademark.aspx;
retrieved on January 16, 2016

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