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Intellectual Property in Singapore
Singapore has in place a well-developed system for protection of different types of Intellectual Property. Some categories of Intellectual Property like Trade Marks, Patents, Registered Designs and certain Plant Varieties are protected through registration, but there are other categories of Intellectual Property like Copyright, Layout-design of an Integrated Circuit, Confidential Information and Trade Secrets, as well as rights in common law against Passing Off which are respected in Singapore and rights that our Courts will enforce should there be encroachment by those who seek to unjustly benefit from another’s intellectual property.
Last year, there were wide ranging amendments to our Patents and Trade Marks Acts and Rules. Next, we are expecting the registration system for geographical indications to come into force in Singapore and some significant changes relating to protection of designs.
It should be noted that where a design corresponding to an artistic work has been industrially applied (anywhere in the world) and the articles have been put out for hire or sale (anywhere in the world), copyright in the artistic work will be relinquished. Unless the design has been registered, the design will not be protected at all. Furthermore, if a design is applied to more than 50 articles, it is deemed to be industrially applied.
Requirements to file Singapore Trade Mark Application:
1. Applicant’s details
Please provide the full name, particulars of incorporation or nationality and address of the Applicant, or of each co-Applicant.
2. Mark Specimen (jpg. format preferred)
Please provide information whether it is a word mark, if it should be represented in black & white or in colour, or whether it comprises or contains coined word(s). If the mark comprises or contains word(s)/character(s) not in English, please specify the language, translation and transliteration (if applicable).
For non-conventional marks like shapes, aspects of packaging, holograms or motion marks, please provide description of the features of the mark sought to be protected and sufficient views to properly represent the mark. For sound marks, representation by musical notation and a sound recording will be acceptable.
Note: It is possible to apply for a “series of trade marks” in a single application without additional costs and there is no limit to the number of versions of the mark, as long as they resemble one another and differ only as to matters of a non-distinctive character not substantially affecting the identity of the mark.
3. Specification(s) and class/classes
It is necessary to identify the particular range of goods and/or services for which registration is desired. The goods/services must then be classified into the appropriate classes according to the International Classification of Goods and Services (10th edition).
It is generally permissible to list a range of goods/services slightly wider than the specific ones currently offered and as long as they fall into the same class, no additional fees will be payable.
4. Priority details (if any)
If an application for the same mark has been filed in another country within the last 6 months, the filing date of the earlier application may be claimed. Please provide the country, filing date and application number of the priority application. Please also advise whether the specification(s) of the priority application is/are identical to that of the Singapore application.
Singapore has provision for partial priority claim and multiple priorities to be claimed.
Requirements to file Singapore Patent Application:
1. Applicant’s details
Please provide the full name, particulars of incorporation or nationality and address of the Applicant, or of each co-Applicant.
2. Specification
Please furnish a clear description of the invention, accompanied by drawings or diagrams if appropriate, and claims which define the protection sought.
3. Abstract
Please provide a summary of the key features of the invention and identify the drawing/diagram to be used in the abstract publication.
4. Entitlement
Where the Applicant is not the inventor, please furnish full details of each inventor and statement as to the derivation of the right to the patent from the inventor(s).
5. Priority details (if any)
Please provide the country, date and number for each priority application to be claimed.
Note: Even an Applicant or inventor’s own disclosure of an invention can jeopardise your claim to novelty of invention. Any necessary disclosure prior to filing of a patent application should be under strict condition of confidentiality. Seek legal advice for preparation of a suitable NDA/Confidentiality Agreement.
Requirements to file Singapore Design Application:
1. Applicant’s details
Please provide the full name, particulars of incorporation or nationality and address of the Applicant, or of each co-Applicant.
2. Representations of the design
Please provide line drawings, photographs or both of the design to be protected.
3. Statement of Novelty
Please provide a statement describing the features of shape, configuration, pattern or ornament of the design which the Applicant claims to be novel.
4. Name of article and Class and sub-class
Kindly specify the name of the article to which the design is applied and the class and sub-class under the Locarno Classification.
5. Entitlement
Where the Applicant is not the designer, please furnish explanation as to the Applicant’s right to hold the design registration, e.g. employment or commissioning of or assignment from the designer(s).
6. Priority details (if any)
Please provide the country, date and number for any priority application to be claimed.
Note: Even an Applicant or designer’s own disclosure can jeopardise your entitlement to registration. Any necessary disclosure prior to filing of a design application should be under the strict condition of confidentiality. Seek legal advice for preparation of a suitable NDA/Confidentiality Agreement.
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