What is Intellectual Property (IP)?
An intangible asset created by the human mind, has value and protected by law
What are the two key elements of IP?
(1) Intellectual (product of the mind)
(2) Property (valuable, transferable asset)
Why is IP important in the Third Industrial Revolution?
It drives innovation in digital technologies (software, algorithms, data) and incentivises R&D through exclusive rights
What role did TRIPS play in global IP protection?
TRIPS standardized IP protection across nations, easier for global exchange of technology
What does IPOS (intellectual property office of singapore) do?
Advises and administers IP laws in Singapore
How many member states does WIPO (world intellectual property organisation) have?
193 member states
What is USPTO (united states patent and trademark office)?
Handles patents and trademarks in the U.S.
What is a patent?
A monopoly right granted to the owner of an invention to prevent others from making, using or selling it
What is a trademark?
A sign used by a person in the course of trade to distinguish goods/services from those of others (e.g. Nike, macdonalds ‘Golden Arches’)
What is copyright?
A bundle of rights given to creators of original works (books, music, paintings) to control its reproduction
What is a trade secret?
Confidential business information with commercial value, protected with secrecy (Coca-Cola formula)
What is plant variety protection?
Right given to breeders to prevent unauthorised production/sale of a new plant variety
What is a registered design?
Features of the shape, pattern, configuration, or ornament applied to an article by a industrial process
What is a geographical indication (GI)?
A sign indicating a product originates from a specific location with special quality or reputation (e.g. champagne from France)
What is the value of the trademark “Champagne”?
Signals origin (France)
What is layout design of an integrated circuit (IC)?
Protection for the 3D arrangement of elements in an IC; but the layout design is unlikely to meet the criteria to be a patent
Which acts govern IP in Singapore?
Patents Act, Trademarks Act, Copyright Act
How are trade secrets protected in Singapore?
Through common law “breach of confidence” and contracts (e.g. NDA nondisclosure agreement), no legislation for this
What does the territoriality of IP mean?
IP rights are only valid in the country where they are granted
What is the difference between “First to File” and “First to Invent”?
First to File: whoever files first gets the patent
First to Invent: actual inventor gets it even if filed later
Why did the U.S. switch to “First to File”?
To harmonize with global standards
Benefits to innovation for “first to file” and concerns for this
Encourage inventors to quickly file to get protection, so faster innovation
Disadvantage to smaller inventors who may not be able to file as quickly to larger companies due to limited resources
What international treaty helps streamline patent filings across countries?
Patent Cooperation Treaty (PCT)
How do international treaties help with territoriality?
PCT and TRIPS help harmonize standards and allow multi-country filing
