In this review, we will look at options for registering intellectual property rights, as well as how to protect IP rights in Singapore.
An invaluable resource
Intellectual property (IP) can be an extremely valuable resource for a business that needs to be protected from commercial use by competitors. Like any other type of property, IP is often the object of illegal actions by third parties and therefore needs legal protection.
Intellectual property law in Singapore includes personal non-property rights (the right to recognize the subject as the creator of the IP object, etc.) and property rights (the right to use the IP object, the right to allow or prevent misuse, etc.).
Obviously, in order to protect intellectual property rights in Singapore and in any other jurisdiction, it is first necessary to obtain these rights, as well as to have documentary proof of their rights (patent, certificate, license agreement, etc.).
Copyright means a set of exclusive rights granted to authors, employers, or companies responsible for the creation or publication of original works, but copyright does not protect ideas. There are two main categories of works or objects that can receive copyright protection in Singapore: copyrighted works and business activities that help to distribute them. Copyright applies to books, computer programs, music, paintings, and TV shows.
How long does the protection last? Some amendments to Singapore's Copyright Act were released early last year and according to these amendments, the protection term varies depending on the work. For example, photographs, whether published or not, are now protected for 50 years!
It extends to elements that give a distinctive look to a product. Therefore, as the owner of a registered design, you can prevent unauthorized use, sale, or license of the design for profit.
To get protection, it is very important to register a design in Singapore. Except for certain barriers to registration provided by law, a design is registered if it satisfies a key novelty requirement. In other words, a design is not subject to registration if it has been previously registered or published anywhere in the world or if it differs only in insignificant details from other samples that have already been distributed.
Protection covers design in Singapore for a minimum of five years.
TMs in Singapore
Trademark registration in Singapore provides the owner with the exclusive right to use it for commercial purposes or license these rights to third parties. When you register a TM in Singapore you get a proof of ownership, that lasts 10 years.
The common law does not allow anyone to disclose information that has been provided to them in confidence. This area of IP can include the protection of valuable business information.
Another story is with the recipes. Unfortunately, they are not protected by IP rights. Meanwhile, recipes can be crucial to a restaurant business or franchise. In such circumstances, entrepreneurs may continue to rely on the law on confidential information to ensure that such information is not disclosed to outsiders.
Typically, the employment contract should contain a confidentiality clause governing your relationship with your employees, and you should sign a non-disclosure agreement (NDA) with your partners to clearly state in the contract what information is confidential, the scope and obligations of confidentiality.
IQ Decision experts will provide you with quality support if you decide to register intellectual property in Singapore or in another jurisdiction of your choice. We also offer a full range of services to provide qualified assistance in the acquisition of intellectual property rights in Singapore.
In the event that the relevant intellectual property right is documented, our solicitors provide services for the protection of IP rights and dispute resolution in this area.