SINGAPORE Law and Practice Contributed by: Yvonne Tang, Lim Siau Wen and Ruby Tham, Drew & Napier LLC
3. Copyright Ownership, Protection and Rights 3.1 Types of Copyrightable Works Types of Works Sections 8 and 9 of the Copyright Act provide that there are nine categories of work: literary, dramatic, musical, artistic (all of the forego - ing “authorial work”), a published edition of an authorial work, sound recording, a film, a broad - cast and a cable programme. These are statu - The Copyright Act has provisions delimiting the scope of copyright protection for “industrial” artistic works, under Sections 272 to 276. Sub - ject to the other general provisions, other indus - trial designs are entitled to copyright protection. 3.2 Essential Elements of Copyright Protection The essential elements for authorial works to qualify for copyright protection are: tory categories. Dual Protection • the existence of a “connecting factor” – ie, the work must be connected with Singapore or a reciprocating country in a relevant way; • the work must exist in some material form; and • the work must be original (see Sections 109 to 111 of the Copyright Act). As for non-authorial works, the “connecting fac - tor” is also an essential element (see Sections 117(1), 120, 123, 126(1), and 130(1) of the Copy - right Act). Additionally, for a published edition of an authorial work, it must not be a reproduc - tion of a previous edition of the same authorial work (see Section 117(2) of the Copyright Act). For a broadcast, it must not be a repeat broad - cast made after the expiry of the copyright in
under the sign, or offer or supply services under the sign; • import or export goods under the sign; • use the sign on an invoice, wine list, cata - logue, business letter, business paper, price list or other commercial document; or • use the sign in advertising. Notwithstanding the foregoing, a person who applies a sign to any material used or intended to be used for labelling or packaging goods, or who uses it on any document described in Section 27(4)(d) of the Trade Marks Act or in advertis - ing, is deemed not to use the sign if, at the time of such application or use, they do not know nor have reason to believe that the proprietor or a licensee of the registered trade mark did not consent to such application or use of the sign. It is necessary to establish that the defendant has used the sign as a trade mark, in contrast The proprietor of a registered mark may use the encircled R symbol next to the mark. If the mark is not registered, but is used as a trade mark, the TM symbol may be used. However, there is no requirement to use these symbols in Singapore. 2.6 Related Rights A trade mark can also be protected by copyright or related rights. The local courts have not had the opportunity to consider how a trade mark that is a surname interacts with moral rights laws under the Copy - right Act. to a purely descriptive use. 2.5 Notices and Symbols As it stands, the scope of trade mark laws is generally not limited by copyright or related rights laws.
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