2023 IN REVIEW: SINGAPORE'S IP LANDSCAPE

With 2023 almost over, we review the key events that have impacted Singapore's intellectual property (IP) landscape in the past year. From new programs and guidelines to landmark cases, several developments will shape the future of Singapore's IP landscape.

Important cases, such as Towa-ASM, provided guidance in uncharted areas. The complexities of calculating patent infringement damages were highlighted, from considering alternative products to accounting for currency fluctuations. Establishing causation and foreseeability is still critical.

Another case, Soon Ailing v Chen & Partners, demonstrated the consequences that registered design owners face when they fail to provide evidence during revocation proceedings. The Principal Assistant Registrar applied Rule 43(2) of the Registered Designs Rules, deeming the facts alleged by the revocation applicant to be admitted, in the absence of contrary evidence. This serves as a caution to design owners to meet evidentiary requirements.

The patent dispute between IIa Technologies and Element Six Technologies Ltd saw the Court of Appeal introduce 'uncertainty' as a new basis for insufficient claims under section 80(1)(c) of the Patents Act. This introduces a new line of attack during revocation proceedings. Applicants must avoid ambiguity to ensure that products or processes clearly fall within the scope of claims.

The Intellectual Property Office of Singapore (IPOS) also had an active year.

In a notable initiative, Singapore and Vietnam launched a joint patent search and examination pilot program, expediting applications across ASEAN by eliminating duplication. With limited slots available, early adopters gain a competitive edge.

In revised examination guidelines, IPOS aligned with international practices on antibody patentability with new examination guidelines. Surprising properties of known antibodies are now key, replacing the previous opaque 'black box' approach. However, the bar for establishing patentability remains high. This change promises a clearer antibody patenting landscape.

The IPOS expanded its Patent Prosecution Highway (PPH) network to now include Saudi Arabia. This allows applicants to expedite patent application processes by leveraging examination results from Saudi Arabia.

IPOS launched a new ASEAN Mediation Programme (AMP) that provides funding for ASEAN parties in IP or technology disputes and negotiations. The AMP offers up to SGD 8000 per case to facilitate mediated resolutions.

IPOS extended the ASEAN Patent Examination Co-operation Acceleration pilot programme for Industry 4.0 technologies by two years. The programme fast-tracks patent examination with a first office action within 6 months. However, there is an annual cap of 50 applications.

Conclusion

It has been a busy 12 months. Singapore has dynamically adapted its IP ecosystem to emerging needs while consolidating its strengths with these advancements. Landmark cases have set new guideposts for navigating complex domains. As we look to 2024, we are eagerly anticipating legal outcomes on trending issues in the IP field. These issues include the role of AI in patent creation and copyright, the intricacies of FRAND licensing in the context of Standard Essential Patents (SEPs), the boundaries of patentable subject matter, particularly for software and biotechnology, and the enforcement of IP rights across jurisdictions. Each decision will undoubtedly contribute to the evolving narrative of intellectual property law and likely also impact Singapore's IP ecosystem.

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