ENG107e

Examination – July Semester 2015

Intellectual Property and Patents

Tuesday, 17 November 2015 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 – July Semester 2015
Answer all the questions. (Total 100 marks)

Question 1

Joel is a prolific and famous singer who regularly performs his own songs at Singapore
Indoor Stadium. He also designed and performed dances when presenting his music in
concerts. Albums of his song recordings and concert performances are sold both online
and via retail shops. Recently, he participated in the celebration of SG50 by presenting
a new film on MTV (formerly an initialism for Music Television, an American basic
cable and satellite television channel owned by the Viacom Media Networks Music &
Logo Group). Joel is happy about his popularity, but is upset that his private life is
constantly being probed by paparazzi (photographers who take pictures of athletes,
entertainers, politicians, and other celebrities, usually while they are going about their
daily life routines).

(a) Joel is surprised to discover a fan club’s website that publishes photographs of
Joel’s childhood, his family members and various previous song writings without
his permission. Joel has sent letters to the webmaster of the fan club requesting to
remove the publication(s).

Identify the right(s) relevant to the music albums, concert performance and
website. Recall and state the basic requirements for protecting the relevant
right(s) to exist. Who are the owners of the right(s)? Do you think that Joel has
the right to make such a request? If so, what are his rights?
(15 marks)

(b) The fan club’s website has kept some of Joel’s most popular music tracks such
that fans can download or listen to these tracks by accessing the website.
Comment if Joel can request the fan club to remove these music tracks from the
website. State your reasons.
(5 marks)

(c) One member of the fan club has recently published a book revealing the life story
of Joel. The book has adopted some photos taken by paparazzi, and Joel’s photos
of his school days which reveal unpleasant truth about Joel. To defend his fame,
Joel’s attorney has issued a writ of summon to the author demanding an
immediate stop to his book sales and removal of the books from bookstores.
Discuss whether the author has the right to publish this book without Joel’s
permission. State your reasons.
(5 marks)

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Examination – January Semester 2015
Question 2

(a) Tony was a salesman at Harvey Norman Singapore. For the past 10 years, he
generally dealt with sales of air-conditioners. While selling air-conditioners from
various brands, Harvey Norman Singapore also provided air-conditioning
maintenance agreements, as part of the after-sales service. Before leaving Harvey
Norman Singapore, Tony copied "practically wholesale" Harvey Norman
Singapore’s quotation and air-conditioning preventative maintenance contract.
Tony then set up his own company and through that company, he bid for and won
a contract with a Harvey Norman Singapore’s existing customer. In the bid, Tony
used prices which were lower than those quoted by Harvey Norman Singapore.
Give the relevant IP rights in the above scenario. Does Tony have the relevant
rights to copy and use the contract from Harvey Norman? State your reasons.
(10 marks)

(b) Chris is a hobbyist who likes to make and sell model aeroplanes. Recently, he has
made several replica that are identical to the fighter jets of SAF, such as F-16D
Block 52, F-5E/F and F15SG Eagle. Chris has also printed RSAF Crest and
RSAF logo onto his model aeroplanes. However, after successful launch of his
models in shops at FuNan IT (Digital) Mall, Chris has received letters from the
Ministry of Defence demanding Chris to immediately stop the sales of his models
and pay the Ministry of Defence for IP infringement. Chris immediately argued
that Ministry of Defence does not have official proof to its relevant IP rights.

(i) Identify the relevant IP rights involved. Is the Ministry of Defence’s claim
on the relevant IP rights valid.
(6 marks)

(ii) Recall and state the legal criteria for protecting these IP rights. Who are the
owner(s) of these IP rights?
(4 marks)

(iii) Illustrate the potential legal remedies for the Ministry of Defence.
(5 marks)

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Examination – January Semester 2015
Question 3

(a) Wendy is a busy professional who has two maids, Lipa and Yaani, at home.
Lipa from Indonesia and is assigned to do gardening. Yaani is from Philippines
and is assigned to do the cooking and cleaning for the whole household.

Lipa has made use of her employer’s backyard during her leisure time and
grown a new variety of rice, known as Green Rice. The Green Rice is
developed using crossbreeding technique such that the Green Rice requires less
water and has better pest/disease resistance.

(i) Give the IP right relating to Green Rice in the above scenario.
(4 marks)

(ii) Identify the owner of the IP right relating to Green Rice. State your
justification.
(4 marks)

(iii) Illustrate the activities that the IP owner can do relating to Green Rice.
(6 marks)

(b) Yaani makes a new dish that becomes popular among guests of her employer.
For the new chicken wing dish, Yaani particularly mixes annatto seed
(Mexican spice) and Sichuan peppercorns, which has never been done before.
Particularly, Yaani soaks the chicken wings in beer for 5 hours before cooking
such that their meat becomes more tender.

(i) Is there any IP rights protectable with Yaani’s recipe (i.e. new way of
cooking chicken wings)? If so, what are the relevant IP rights?
(4 marks)

(ii) Identify the owner(s) of the IP rights in the above scenario. Discuss the
activities protected under the relevant IP rights for the above scenario.
(4 marks)

(iii) How long (time duration) is/are the protection periods available for
these IP rights? Which government agency manages the above relevant
IP right protection?
(3 marks)

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Examination – January Semester 2015
Question 4

Celestial is a technician employed by a real estate management agency. She often helps
elderly people living in condominiums to replace their faulty light bulbs, fuses and
water taps. Recently, when replacing light bulbs of a decade old downlight, she had the
thought of an adapter such that diverse types of light bulbs can be used by numerous
types of light bulb sockets. During her spare time she designed this adapter. Her
manager, Jill helped her by applying for government approval (e.g. SP services) so that
the adapter can be sold locally and overseas. Jill also wants to be named as the co-
inventor for a possible job promotion. The real estate management agency required
Celestial to declare that only the real estate management agency has all the rights to the
light bulb adapter. The real estate management agency further required Celestial to
keep the new light bulb adapter a secret, even if Celestial finds another job elsewhere.

(a) Can the light bulb adapter be protected by any IP rights? If so, give the legal
criteria for protecting the relevant IP right.
(5 marks)

(b) Is Jill’s request of being named as co-inventor possible under Singapore law?
(5 marks)

(c) Identify the owner to the relevant IP right in the above scenario. State your
reasons.
(5 marks)

(d) Show if it is possible to keep the information about the new light bulb adapter
secret by using relevant IP rights, and at the same time commercially benefiting
from the new light bulb adapter by selling it in DIY shops.
(5 marks)

(e) Show the benefits of the relevant IP rights to the new light bulb adapter. Can
Celestial obtain the IP right without engaging any government authority or legal
professionals? If not, what should she do?
(5 marks)

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Examination – January Semester 2015