ENG107e

Examination – July Semester 2019

Intellectual Property and Patents

Tuesday, 19 November 2019 01:00 pm – 03:00 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. 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 – July Semester 2019
Answer all questions. (Total 100 marks)

Question 1

With the current focus on managing diabetes in Singapore, Tyra, a self-employed

research scientist, has made a breakthrough in curing diabetes. She does not intend to
apply for any of the registrable form of intellectual property rights.

Tyra has just started her career and has no money. Thus, she initiated a meeting with
Mr Rich, an investor, to form a joint venture for commercialising this diabetes cure.

She has not disclosed any details about the cure to other parties or made any public
announcement or advertisements. At the start of the meeting, both Tyra and Mr Rich
signed a Confidentiality Agreement. After this agreement, Tyra then provided technical
and medical information about the diabetes cure to Mr Rich.

One week after the above meeting, Tyra discovered that Mr Rich had made use of her
diabetes cure information and commercialised it with another partner.

(a) Identify the law under which Tyra’s cure may be protected. Cite all the elements
that must be established under this law and justify each element with the facts of
the case outlined above.
(15 marks)

Tyler is Tyra’s administrative assistant. While helping to compile her research notes,
Tyler subsequently discovered that Tyra is aware that her diabetes cure has a negative
side effect that may in fact cause death in diabetes patients. When Tyler raised this
issue with Tyra, she mentioned that she does not want to make this known since it can
jeopardise her commercialisation efforts.

(b) Recall and advise Tyler on what actions he can take to protect the public against
the negative side effect of Tyra’s diabetes cure. Discuss your reasoning as to
why your proposed approach is legally justified.
(10 marks)

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Examination – July Semester 2019
Question 2

In the driverless car industry, Dr Bang, a scientist employed by Singapore based

research lab “Four Wheels”, has invented a car that can travel at significantly faster
speeds with much less route mistakes or accidents when compared to the existing
technology.

“Four Wheels” has good intellectual property management procedures in place, and all
employees, including Dr Bang, have signed strict confidentiality agreements. There has
been no disclosure to external parties.

As the worldwide demand for driverless cars is strong, estimates are that at least 50
million such cars can be sold worldwide in the next 10 years.The current manufacturing
process for normal cars can be adapted to make driverless cars. Unfortunately, “Four
Wheels” has only been in business for one year and will need money to finance the
manufacturing and sales of the driverless cars globally.

“Four Wheels” has appointed you as its intellectual property consultant.

(a) Identify all the forms of intellectual property rights that exist in the above case.
Recall and state the relevant qualifying criteria and assess how these have been
satisfied.
(12 marks)

(b) Identify the owner of the intellectual property right. Justify your answer.
(6 marks)

(c) Assume that the relevant intellectual property right(s) in the above case can be
obtained. Given the financing needs of “Four Wheels”, illustrate THREE (3)
ways through which the right(s) can be commercialised or used to raise funds.
(3 marks)

(d) Given the global demand for the driverless cars, is worldwide protection for the
intellectual property right(s) possible? State appropriate reasoning for your
answer. Comment on how a wider geographical scope of protection can be
initiated.
(4 marks)

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Examination – July Semester 2019
Question 3

The soil and climate on an island called U Been, located within the territory of Country
X, gives mushrooms grown on the island a very distinctive taste. Since such
mushrooms have been grown on U Been for over 30 years and the superior quality and
taste is well known all over the world, the government of Country X believes it has a
valuable intellectual property right and wishes to protect it. Country X is a member of
the WTO and a party to the Paris Convention.

(a) Identify the form of intellectual property right that the government of Country X
can seek protection. Recall and state all relevant qualifying criteria and support
your analysis with facts from the above case.
(15 marks)

Joe has been living on U Been since he was a child and decided to write a book on the
vanishing lifestyle on this idyllic island. He based the story largely on his own
childhood experiences and the first 10,000 copies of the book have already been printed
and are available in bookshops for sale.

Jack has also been living on U Been since he was a child and upon reading a copy of
Mr Joe’s book he is inspired to similarly write a book but based on his own (NOT
Joe’s) childhood experiences on the island.

(b) Does Joe have any intellectual property rights in his works? If yes, then give the
form of intellectual property right and justify your answer.
(6 marks)

(c) Discuss whether Jack will have any intellectual property rights if he decides to
write the book. State your rationale.
(4 marks)

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Examination – July Semester 2019
Question 4

The logo of Singapore’s first home-grown watch manufacturer “Dyflex Watch

Company” is a stylised lettering of the 3 alphabets “DWC” which is put on the dials of
every watch that is made. Customer feedback is that the logo is very visually appealing.
Furthermore, it is already prominently displayed on the sign-board outside the office
premises, on letterhead of office stationary, employee name cards and the company
website.

Mr Chow, the CEO of Dyflex Watch Company, wants to know if it’s possible to
protect Dyflex Watch Company’s intellectual property rights under the logo.

(a) Identify the relevant form of intellectual property protection that Dyflex Watch
Company can seek.
(3 marks)

(b) State the qualifying criteria under the form of intellectual property identifies in
Question 4(a). Discuss the strength of Dyflex Watch Company’s application for
intellectual property protection under each of the stated qualifying criteria.
(12 marks)

(c) 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.
(10 marks)

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Examination – July Semester 2019