Assert & Benefit from the fruits of your creation. Your intellectual property is your asset, give it the protection it deserves.
Why spend money registering or otherwise protecting intellectual property such as brandnames, inventions etc.?
The simple answer is that your intellectual property assets are treasures that can propel you into the ranks of the super-wealthy. A registered patent for a popular product can generate millions in royalties within 1 year.
Accordingly, creative endeavours and innovative inventions are recognized and protected by the law as valuable assets. The law segments registrable creations into the following categories:-
Another commonly known Intellectual Property which does not need to be registered is "Trade Secrets".
Why spend money registering or otherwise protecting intellectual property such as brandnames, inventions etc.?
The simple answer is that your intellectual property assets are treasures that can propel you into the ranks of the super-wealthy. A registered patent for a popular product can generate millions in royalties within 1 year.
Accordingly, creative endeavours and innovative inventions are recognized and protected by the law as valuable assets. The law segments registrable creations into the following categories:-
- Trademarks
- Patents
- Registered Designs
- Layout-design of an Integrated Circuit
- Plant Varieties
- Copyright (registration in Singapore is not required although it is encouraged in some other jurisdictions)
Another commonly known Intellectual Property which does not need to be registered is "Trade Secrets".
Trademarks
A well-reputed brand equates to a premium associated with your product or service. For example, consumers are willing to pay generously for a Louis Vuitton branded bag as compared to a non-branded counterpart. Hence, companies are very protective of their branding and will register the marks that are used together with their product or service as a trademark.
A non-registered mark can still enjoy protection under the common law of passing-off. However, it is more difficult and costly to prove passing-off as compared to trademark infringement.
Once your mark is registered as a trademark, you can take legal action under the Trademarks Act against any other party that uses a confusingly similar mark over similar goods. It should be noted that the trademark registration regime works on a first-come-first-serve basis. This means that if you delay registering your mark, and someone else applies before you to register a similar mark, you may no longer be able to register your mark thereafter. Ironically, you may even receive an infringement claim from the earlier registrant *.
Hence, businesses should register their branding, mark or logo as soon as possible.
The initial registration of a trademark in Singapore lasts 10 years, after which you can renew it indefinitely for subsequent 10 year periods. Subject to your applying for renewals, your trademark protection can in essence, last forever.
Therefore in the best interest of your business, please contact us promptly for complimentary preliminary advice on applying for trademark registration in general, and a quotation of cost to register your mark.
* There exists an option of raising "honest concurrent user" to seek registration and/or defend against infringement claims, but this means the expenditure of extra effort, time and cost (which could have been avoided had you applied for trademark registration promptly), and there is always the possibility of not succeeding.
A non-registered mark can still enjoy protection under the common law of passing-off. However, it is more difficult and costly to prove passing-off as compared to trademark infringement.
Once your mark is registered as a trademark, you can take legal action under the Trademarks Act against any other party that uses a confusingly similar mark over similar goods. It should be noted that the trademark registration regime works on a first-come-first-serve basis. This means that if you delay registering your mark, and someone else applies before you to register a similar mark, you may no longer be able to register your mark thereafter. Ironically, you may even receive an infringement claim from the earlier registrant *.
Hence, businesses should register their branding, mark or logo as soon as possible.
The initial registration of a trademark in Singapore lasts 10 years, after which you can renew it indefinitely for subsequent 10 year periods. Subject to your applying for renewals, your trademark protection can in essence, last forever.
Therefore in the best interest of your business, please contact us promptly for complimentary preliminary advice on applying for trademark registration in general, and a quotation of cost to register your mark.
* There exists an option of raising "honest concurrent user" to seek registration and/or defend against infringement claims, but this means the expenditure of extra effort, time and cost (which could have been avoided had you applied for trademark registration promptly), and there is always the possibility of not succeeding.
Patents
In this era of technological advances and creativity, patenting is becoming increasingly popular. Amongst all the registration regimes, the scope of protection offered by a patent is one of the most comprehensive as a patent can protect not only the composition of a product itself (eg. the ingredients of a drug), the functions of a product, but also processes. However, a patent can only last 20 years max (subject to renewals), and the applications which are territorial in nature can be costly to pursue.
Hence, prior to applying for a patent, some inventors may choose to conduct a "prior art" search to determine if there are any other similar inventions in any part of the world. One of the criteria for patenting is novelty, and in most countries, this novelty is required on a global basis. This means that if there is a similar invention to yours already existing in another country, eg., in Japan or Malaysia, then your invention is not novel and therefore may not be patentable.
The other two criteria for patentability are "inventive step" and "industrial applicability".
"Inventive step" refers to an improvement over an existing product or process, an improvement that would not have been predictable by the simple addition of two existing products or processes.
"Industrial applicability" simply refers to your invention being usable in the commercial world, i.e. it has some form of practical application. If an invention has no industrial applicability, then it is not worth going through the process of patenting in the first place because a product or process with no practical application will not generate revenue. (Products that generate revenue based on aesthetic appeal should be registered under the Registered Designs regime).
If you have a product or process which you think is potentially patentable and would like to understand the patenting process more, please contact us for a preliminary discussion.
Hence, prior to applying for a patent, some inventors may choose to conduct a "prior art" search to determine if there are any other similar inventions in any part of the world. One of the criteria for patenting is novelty, and in most countries, this novelty is required on a global basis. This means that if there is a similar invention to yours already existing in another country, eg., in Japan or Malaysia, then your invention is not novel and therefore may not be patentable.
The other two criteria for patentability are "inventive step" and "industrial applicability".
"Inventive step" refers to an improvement over an existing product or process, an improvement that would not have been predictable by the simple addition of two existing products or processes.
"Industrial applicability" simply refers to your invention being usable in the commercial world, i.e. it has some form of practical application. If an invention has no industrial applicability, then it is not worth going through the process of patenting in the first place because a product or process with no practical application will not generate revenue. (Products that generate revenue based on aesthetic appeal should be registered under the Registered Designs regime).
If you have a product or process which you think is potentially patentable and would like to understand the patenting process more, please contact us for a preliminary discussion.
Registered Designs
Registered designs protect the external configuration of a product. Eg., the print on a fabric, the design of a handbag or a mobile phone or piece of furniture etc. To qualify for registration, the design must be new, intended for industrial application (i.e. more than 50 copies will be produced), and cannot be solely functional, i.e. there must be some form of aesthetic appeal.
A Registered Design is faster, cheaper and easier than obtaining a patent, but that is also because the protection granted by a Registered Design is only over the external appearance/configuration.
The initial registration period of a Registered Design is 5 years, and is renewable for another two subsequent 5-year periods, making the protection last a total of 15 years (subject to timely applications for renewals).
If you have an appealing design, with a Registered Design protection, you can license your design to third parties for royalties, sell it, or manufacture your own products for sale/distribution while possessing the right to prevent others from manufacturing/selling the same product design.
Please therefore contact us for a preliminary discussion if you have any design which you wish to commercialize.
A Registered Design is faster, cheaper and easier than obtaining a patent, but that is also because the protection granted by a Registered Design is only over the external appearance/configuration.
The initial registration period of a Registered Design is 5 years, and is renewable for another two subsequent 5-year periods, making the protection last a total of 15 years (subject to timely applications for renewals).
If you have an appealing design, with a Registered Design protection, you can license your design to third parties for royalties, sell it, or manufacture your own products for sale/distribution while possessing the right to prevent others from manufacturing/selling the same product design.
Please therefore contact us for a preliminary discussion if you have any design which you wish to commercialize.
Copyright
Copyright arises automatically when you create an artistic, literary, musical or dramatic work, as well as their derivations or renditions (eg., the 3D reproduction of a drawing, a film based on a script which is a dramatic work, the recording of a musical score, and so on and so forth). Even what you may consider as commonplace works such as layout of charts, computer programs, an arrangement of pictures, a photograph of a public building etc., can give rise to copyright protection. Hence, businesses and individuals can accidentally infringe an author's copyright without realizing it since the internet "seems" to make freely available numerous graphics, photos and writings.
No registration for copyright protection is required in Singapore. You do however need to prove that you own the copyright, and for infringement, you will need to prove that the other party did copy your work. If a third party creates a similar work independently without any reference to your work, he will not be deemed to have infringed your copyright.
Copyright protection lasts for 25 to 70 years after the death of the author or first publication (depending on the type of work and when publication took place).
At Arielle Law Corporation, we are able to advise you regarding the protection of your copyright, assess whether another's copyright has been infringed, and to also avoid the infringement of the copyright of others. We are therefore an invaluable resource for your business, particularly in relation to your corporate communications and marketing activities.
No registration for copyright protection is required in Singapore. You do however need to prove that you own the copyright, and for infringement, you will need to prove that the other party did copy your work. If a third party creates a similar work independently without any reference to your work, he will not be deemed to have infringed your copyright.
Copyright protection lasts for 25 to 70 years after the death of the author or first publication (depending on the type of work and when publication took place).
At Arielle Law Corporation, we are able to advise you regarding the protection of your copyright, assess whether another's copyright has been infringed, and to also avoid the infringement of the copyright of others. We are therefore an invaluable resource for your business, particularly in relation to your corporate communications and marketing activities.
Trade Secret
The most famous trade secret in the world would probably be the recipe for "Coca-Cola". To qualify as a trade secret, the creation must be kept strictly confidential. This means that registration is not an option because under the registration regimes, the registered work becomes available for public inspection.
We can therefore assist in the protection of your trade secret by advising you on the methods for maintaining strict confidentiality, including drafting the appropriate confidentiality agreements and ensuring that your other relevant contracts incorporate the necessary safeguards.
Let us assist you in protecting your intellectual property.
Our fees start from S$350 onwards for intellectual property protection, please email us at ask@ariellelaw.com for a no-obligations quote.
We can therefore assist in the protection of your trade secret by advising you on the methods for maintaining strict confidentiality, including drafting the appropriate confidentiality agreements and ensuring that your other relevant contracts incorporate the necessary safeguards.
Let us assist you in protecting your intellectual property.
Our fees start from S$350 onwards for intellectual property protection, please email us at ask@ariellelaw.com for a no-obligations quote.