SINGAPORE Law and Practice Contributed by: Yvonne Tang, Lim Siau Wen and Ruby Tham, Drew & Napier LLC
dence of use), and there is a misrepresenta - tion by the defendant to the public leading or likely to lead the public to the belief that the defendant’s goods/services are the claim - ant’s, or that parties are commercially con - nected; and • the claimant is likely to suffer damage as a result of such misrepresentation. Well-Known Trade Marks Under the Trade Marks Act, well-known trade marks are protected from dilution, both by blur - ring and tarnishment, and from others taking unfair advantage of their distinctive character. Protection does not depend on registration or goodwill in Singapore. The proprietor of a well- known mark may seek an injunction to restrain the use of an offending mark in the course of trade in Singapore. Copyright Claims There are three categories of copyright infringe - ment: • primary infringement, where a person does, in Singapore, any act comprised in the copy - right without the copyright owner’s consent; • authorising infringement, where a person authorises the doing, in Singapore, of any act comprised in the copyright without the copy - right owner’s consent; and • secondary infringement, where a person imports or distributes an infringing article for the purpose of commercial dealing without the copyright owner’s consent. In addition, the Copyright Act protects rights management information (RMI) – that is, infor - mation that identifies a copyright work, the cop - yright owner and/or the terms and conditions of use of that work. The knowing and unauthorised removal or alteration of RMI, and the commercial
dealing in infringing copies of the relevant works, are prohibited. 7.3 Factors in Determining Infringement Trade Mark Infringement To establish infringement, the courts take a step- by-step approach. • First, the parties’ marks must be identical or similar. The assessment is mark-for-mark, having regard to the distinctive and dominant components of each mark. Marks are com - pared for visual, aural and conceptual iden - tity/similarity. • Second, the parties’ goods/services must be identical or similar. • The final step is to determine if there is a likelihood of confusion giving rise to infringe - ment. Copyright Infringement To establish primary copyright infringement, first the infringing act must have been done in Singa - pore. Second, the defendant must have copied, directly or indirectly, the copyright work. Third, there must have been unauthorised taking of the whole or a substantial part of the work. To establish authorising infringement, first there must be an underlying primary infringement. Second, the defendant must have authorised that infringement. As regards secondary infringement, in addition to there being an unauthorised importation or distribution of an infringing article for commer - cial dealing, the claimant must prove that the defendant knew or ought to have known that the article was infringing.
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