ENG107e

Examination – January Semester 2017

Intellectual Property & Patents

Tuesday, 23 May 2017 1:00 pm – 3:00 pm

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Time allowed: 2 hours

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INSTRUCTIONS TO STUDENTS:

1. This examination contains FOUR (4) questions and comprises FIVE (5) printed
pages (including cover page).

2. You must answer ALL questions.

3. This is an Open Book examination.

4. All answers must be written in the answer book.

At the end of the examination

Please ensure that you have written your examination number on each answer book used.

Failure to do so will mean that your work cannot be identified.

If you have used more than one answer book, please tie them together with the string
provided.

THE UNIVERSITY RESERVES THE RIGHT NOT TO MARK YOUR

SCRIPT IF YOU FAIL TO FOLLOW THESE INSTRUCTIONS.

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Examination – January Semester 2017
Answer all questions. (Total 100 marks)

Question 1

Dr Smart is a famous Singaporean research scientist who has just developed a detection
kit for screening whether a person has been infected with a deadly mosquito borne virus.
Existing technology is unable to detect this virus. He works as an employee for the
medical research lab “MozzieWipeOut”. Dr Smart is confident that the kit represents a
quantum leap from existing expertise. His colleague, Dr Brain, an experienced
researcher, supports the view that it is a technology never seen before.

In addition to the virus detection technology, Dr Smart has also developed a unique
manufacturing process for the kits which is significantly faster and cheaper.

Dr Smart and all other employees are bound by strict confidentiality agreements for kit
technology and manufacturing process. The working of the detection kit and
manufacturing process have not been disclosed outside of the research lab.

The virus has spread globally, leading to potential demand for the kit in millions of units.
“MozzieWipeOut” is a start-up and has no funds to finance the production and
distribution of the detection kits on a global scale.

You have been approached to provide guidance on intellectual property strategy.

(a) From the scenario outlined above, identify the owner of the intellectual property
right. Justify your answer.
(5 marks)

(b) Advise on what forms of intellectual property rights are likely to exist and justify
your answer. Assess whether the qualifying criteria for the intellectual property
rights are satisfied.
(12 marks)

(c) Since there is global demand for the kits, worldwide protection for the intellectual
property is logical. Give the relevant limitations of the existing intellectual
property protection framework and provide guidance on how to achieve a wider
geographical scope of protection.
(5 marks)

(d) Assuming that the intellectual property right can be obtained, illustrate THREE
(3) ways in which such a right can be commercialised, given the lack of internal
funds as stated in the case study above.
(3 marks)

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Examination – January Semester 2017
Question 2

Dr Smart has also designed a box with a characteristic and immediately recognizable
shape to hold the kit. The design is in the shape of a boxing glove to signify knock-out
of the virus. “YummyCandy”, the owner of a registered design for a box which contains
chocolates with a knock-out taste, is suing “MozzieWipeOut” for infringement. The
design for the “YummyCandy” box was registered 5 years ago and has been in
continuous use since then to contain the chocolates for sale. The “MozzieWipeOut“ box
is visually very similar to the “YummyCandy” box in terms of colour, shape and size.

The logo of “MozzieWipeOut” is a stylised lettering of the 3 alphabets “MWO” which

the lab wants to put on the front of the box holding the kit. Currently, it is already
displayed on the sign-board outside the lab premises, on letterhead of office stationary
and the lab website.

(a) Assuming that the “MozzieWipeOut” has infringed on the “YummyCandy”

registered design. From the following defences available under the Singapore
Registered Designs Act, discuss whether or not “MozzieWipeOut” has a
reasonable case to defend its design:

(i) Private non-commercial purpose;

(2 marks)
(ii) Evaluation, analysis, research or teaching;
(2 marks)
(iii) Functionality, must match or must fit exclusions;
(2 marks)
(iv) Parallel imports; and
(2 marks)
(v) Invalidity.
(2 marks)

(b) MozzieWipeOut does not want to protect its intellectual property rights under the
logo as it believes the qualifying criteria are difficult. Advise “MozzieWipeOut”
on the relevant form of intellectual property protection it can seek and the strength
of its application if it proceeds to seek registration for the logo. In addition, cite
the name of the legal remedy available for imitation and infringement if the logo
remains unregistered. Discuss the pros and cons of this legal remedy as compared
to a registered right.
(15 marks)

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Examination – January Semester 2017
Question 3

‘Henra’ has been used as a sign to represent hydrophonic vegetables grown in Country
X for over 50 years and is widely regarded as a well-known sign signifying superior
quality and origin of such vegetables from that country. The sign ‘Henra’ became a
controversial issue after VeggeMaster, a Singapore based company, started selling
hydrophonic vegetables grown in Singapore as ‘Singapore Henra’. Two non-
governmental organizations (“NGOs”) from Country X objected, on the basis that a sign
containing ‘Henra’ can be used only for such vegetables grown in Country X. However,
there are no actual places, localities or regions in Country X with the name ‘Henra’.
Country X is a member of the WTO and a party to the Paris Convention.

Andy is a genetic engineer based in Singapore and has developed a new strain of
hydrophonic vegetables that can grow in drought conditions.

(a) Identify the intellectual property right that currently protects the hydrophonic
vegetables from Country X. State your reasons.
(5 marks)

(b) As there is no place, locality or region in Country X with the name ‘Henra’, does
this weaken the case of the NGOs? Provide your reasoning.
(5 marks)

(c) Recall ONE (1) additional criteria for ‘Henra’ to qualify for the intellectual
property protection identified in Question 3(a). In your opinion, is it likely this
criteria will be met?
(5 marks)

(d) Under which Act in Singapore is it most appropriate for Andy to seek intellectual
property protection? State the criteria that have to be met in order for protection
to be granted in Singapore.
(5 marks)

(e) Assume that Andy has been successfully granted intellectual property protection
in Singapore for his drought resistant vegetable strain. Wendy, a Singapore based
researcher, intends to use this drought resistant vegetable strain to conduct
research on extracting infection resistant compounds which can benefit humans.
Can Andy stop Wendy’s research? Justify your answer.
(5 marks)

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Examination – January Semester 2017
Question 4

Cool Mar is a well-known comedian and singer in Singapore. He composes his own
songs, writes his own lyrics and always records his performances. During one such show,
Ms Kopy separately recorded all Cool Mar’s songs without his permission.
Subsequently, Ms Kopy made 1,000 copies of the recording and sold the recordings from
her shop in Seem Leem Centre. Mr Writeman got the idea to write a 1,000 page fiction
book from the lyrics of one of Cool Mar’s 2-minute songs.

(a) Does Cool Mar have any intellectual property rights in his works? Cite the form
of intellectual property right and justify your answer.
(9 marks)

(b) Has Ms Kopy infringed on any of Cool Mar’s intellectual property rights? Show
all the infringing acts and support your analysis by referring to relevant sections
of the case study.
(8 marks)

(c) Give TWO (2) remedies that Cool Mar might have against Ms Kopy.
(4 marks)

(d) Comment if Mr Writeman infringes the intellectual property right in Cool Mar’s
song.
(4 marks)

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Examination – January Semester 2017