ENG107e

Examination – January Semester 2019

Intellectual Property and Patents

Tuesday, 21 May 2019 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 FOUR (4)
printed pages (including cover page).

2. You must answer ALL questions.

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

4. This is an open-book examination.

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 2019
Answer all questions. (Total 100 marks)

Question 1

Lilian is a senior officer at CT Bank in Singapore, and her job responsibility requires
her to meet representatives of start-ups (Small & Medium Enterprises) in order to find
investment opportunities. She often travels to workshops, conferences or even coffee
shops to meet those representatives, though preferably at those quiet places for private
discussion.

During a discussion yesterday with Bernard, an engineer of Tanglin Engineering

Limited, Bernard told Lilian that he has developed a bicycle whose transmission is
achieved by gears only, instead of conventional chain drives. In fact, Bernard has
shown Lilian a prototype of his bicycle that is made at the factory of Bernard’s
employer Tanglin Engineering Limited. This prototype was fabricated after Bernard’s
working hours. Bernard hopes that CT Bank can give him a loan to set up his company
for marketing the bicycle under the name of “GearCycle”.

In addition to her knowledge in banking, Lilian has recently attended intellectual

property training at SUSS (Singapore University of Social Sciences). Therefore, Lilian
has put down several questions below to clarify.

(a) Comment on whether the information disclosed by Bernard to Lilian is

protectable under Singapore law. If so, identify and explain the relevant IP
rights.
(5 marks)

(b) Show how Bernard can protect his IP rights related to the gear-driven bicycle.
(5 marks)

(c) Who owns the IP rights relating to the new product in the above scenario?
Discuss the possibilities and give reasons to justify your answer. Cite relevant
organisation for registering the IP rights.
(15 marks)

Question 2

George is a freelance IT vendor of DPF Board. His job requires George to maintain
computer system of the DPF Board. George is also an electronic & mechanical
hobbyist and often makes some electronic gadgets. George has recently modified and
improved wheelchair that can climb staircases. Since known wheelchairs can only
move on a flat ground, George thinks that his improved wheelchair will have a large
market. More importantly, the improved wheelchair is battery powered such that a user
is relieved from strenuous effort of climbing stairs.

(a) Identify the relevant intellectual property (IP) right(s) in the above scenario, and
give its suitable definition(s).
(4 marks)

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Examination – January Semester 2019
(b) Who owns the relevant IP right(s) and why?
(6 marks)

(c) Are there any legal criteria for protecting the identified IP right(s) in the above
scenario? Discuss on whether the improved wheelchair does or does not qualify
for legal protection of the relevant IP right(s).
(8 marks)

(d) George wishes his improved wheelchair will bring himself and family some
wealth, especially after investing much effort. Illustrate on how George can
legally benefit from this improved wheelchair.
(7 marks)

Question 3

Eileen is an auditor with GGH. Her job scope mainly includes examining accounts and
records of diverse medical services provided at GGH. When at home, Eileen spends her
leisure time on writing mobile apps catered to interactive educating programmes for
children on basic Mathematics.

Recently, she has written a mobile app that provides interesting Mathematic
competition for children. Particularly, Eileen has created several cartoon figures that
can sing nursery rhymes, dance and laugh with children. The mobile app became
popular and many kindergartens have approached her in order to acquire rights to the
mobile app. For example, some of these kindergartens propose to sell soft toys (stuffed
toy or cuddly toys) bearing images of these cartoon figures.

(a) Identify the types of Intellectual Property (IP) rights relevant to Elieen’s mobile
application.
(11 marks)

(b) Eileen wants to protect the relevant IP rights. Recall and state the criteria for the
legal protection of the IP rights identified in Question 3(a).
(14 marks)

Question 4

(a) Celestial comes from Marlborough Region of New Zealand, which produces
77% of New Zealand’s wine. Marlborough is known for its dry climate, the
picturesque Marlborough Sounds, and Sauvignon Blanc wine. Celestial’s family
has a long history of producing the most popular varietal (wine made primarily
from a single named grape variety) known as Sauvignon Blanc since year 1873.
Celestial recently rented an office at AXA Life Building in order to promote her
family wine in Singapore.

(i) Identify and explain the relevant IP right(s) in the above scenario.
(5 marks)

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Examination – January Semester 2019
 (ii) Illustrate the legal criteria to qualify and cite the government authority
for the protection of the relevant IP rights in Singapore.
(10 marks)

(b) Joel is a botanist who specialises in the science of plant life. He has genetically
modified and developed a new species based on “Rosa Sinensis” (red five-petal
led Hibiscus), which is locally known the Bunga Raya and found in abundance
throughout Malaysia. The new species of flower has grown more than five
generations, and every generation of the new species has blue petals, which are
unknown to native Rosa Sinensis.

(i) Identify and explain the relevant IP right(s) in the above scenario.
(5 marks)

(ii) Cite the legal criteria for the relevant IP rights to qualify for legal
protection in Singapore.
(5 marks)

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Examination – January Semester 2019