Complete Guide to Intellectual Property Laws in Singapore 2024: Protecting Your Innovations

Introduction to Intellectual Property Protection in Singapore:

In today's rapidly evolving global business landscape, safeguarding intellectual property (IP) has emerged as a critical priority for innovators. Singapore, renowned as a thriving hub for innovation, distinguishes itself as a global leader in the framework for protection of intellectual assets. The World Economic Forum's Global Competitiveness Index of 2019 ranked Singapore second worldwide for its commitment to IP protection, underscoring its legal framework and supportive initiatives for fostering creativity and innovation. Singapore also secured top spot in the International Institute for Management Development’s World Competitive Rankings of 2024 and has been listed as the most competitive economy out of 67 across the world’s eight major regions.

This blog explores the comprehensive approach to IP protection in Singapore, focusing on patents, copyrights, trademarks, and the government's strategic initiatives aimed at promoting IP development. Intellectual property encompasses creations of the mind, ranging from inventions and literary works to symbols, names, and designs, which are granted exclusive legal rights by governments. In Singapore, these rights are primarily protected through patents, copyrights, and trademarks, pivotal mechanisms that incentivize innovation and creativity.

Role of Intellectual Property Office of Singapore (IPOS): A Central Pillar in IP Management

The Intellectual Property Office of Singapore (IPOS), a statutory board under the Ministry of Law, plays a pivotal role in shaping and implementing Singapore's IP policies. Beyond its regulatory functions, IPOS provides crucial support through funding initiatives, educational seminars, and specialized services for dispute resolution. This multifaceted approach reinforces Singapore's commitment to nurturing a conducive environment for IP innovation and protection. Singapore’s legal system is renowned for its efficiency, neutrality, and adherence to international standards, particularly in intellectual property matters. The country collaborates closely with the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center, ensuring swift and effective dispute resolution mechanisms. This legal framework underscores Singapore's dedication to upholding fairness, transparency, and the rule of law in IP protection.

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Comprehensive Overview of Major Laws Governing Intellectual Property in Singapore

Below, we will look at the major laws governing patents, copyrights and trademarks in Singapore:

1.?????? Patent Law in Singapore:

·???????? Singapore’s Patents Act 1994 offers protection for innovative designs and processes. To obtain a patent, key requirements include demonstrating novelty, inventive step, and industrial applicability. If either of the criteria are not fulfilled, the patent would not be granted.

·???????? Patent applications can be filed domestically with the Registry of Patents, a part of IPOS. Alternatively, eligible applicants may also seek protection in multiple countries by opting for the Patent Cooperation Treaty (PCT) Route, which is an international treaty to facilitate patent protection in several countries simultaneously through one application with a single office.

·???????? After filing of the application, if the application does not receive any objections, and all timelines are adhered to, the registration may be granted within 12 months. However, depending on the complexity of the invention, the time taken for granting of a patent can go up to 24 months.

·???????? Once the patent is granted, it will be protected for 20 years from the date of filing. Thereafter, the patent is to be maintained yearly, starting from the 5th?year.

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2.????? Copyright Law in Singapore:

·???????? The Copyright Act 2021, governs copyright protection in Singapore, ensuring that all eligible works receive automatic intellectual property safeguards without the need for formal registration. For a work to qualify, it must be expressed in tangible form, be original, have a connection to Singapore. A work may be an authorial work which includes literary, dramatic, musical, or artistic works, or a published edition of an authorial work, a film, a sound recording, a broadcast, or a cable programmer.

·???????? Once a work has materialized, copyright protection begins immediately. Protected works, including films, sound recordings, broadcasts, and performances, enjoy varying durations of copyright. Authorial works such as literary, musical, dramatical and artistic works are protected until 70 years after the death of the author.

·???????? A copyright infringement occurs when a third party uses or makes a copy of the copyright work without obtaining the owner’s permission. Infringement includes actions such as reproducing, publishing, performing, adapting, broadcasting, or displaying a work without the permission of the owner. Even when using a work for exempted purposes like research, criticism, news reporting, or education, it's necessary to attribute the creator or performer unless their identity is unknown, or the purpose is exempt.

·???????? In case of an infringement, legal remedies which may be granted by appropriate courts include granting of injunctions, damages, statutory damages, orders for disposal/delivery, and accounts of profits the infringer received as a result of its use of the owner's copyright. Factors influencing the amount awarded include whether the infringement was for commercial gain, its severity, the intentions of the infringer, and the impact on the copyright owner, all of which may vary on a case-to-case basis.

·???????? Further, criminal penalties may also be applicable for deliberate and significant copyright infringement for commercial purposes. Primary infringement can lead to fines of up to S$20,000 and/or imprisonment for up to six months. Secondary infringement carries penalties of up to S$10,000 per work and S$100,000 in total fines, and/or imprisonment for up to five years. These regulations reflect Singapore's commitment to safeguarding intellectual property rights, ensuring fair use of creative works, and holding accountable those who infringe upon copyright protections.

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3.????? Trademark Law in Singapore:

·???????? Trademark protection in Singapore is governed by the Trademarks Act 1998, safeguarding brands and distinguishing goods and services in the market. A trademark is any sign capable of being represented graphically and which is capable of distinguishing goods or services dealt with in the course of trade by one person from goods or services so dealt with by any other person.

·???????? Registration of trademarks, though not mandatory, is recommended as it provides a a monopoly on the use of the trademark to the owner. The owner may, inter alia, license the rights of usage to third parties, and prevent unauthorized usage of the trademark by third parties.

·???????? For being eligible for registration, the trademark must be capable of being represented graphically, be distinctive and distinguishable in nature. The trademark must also be classified in the appropriate classes?in accordance with International Classification of Goods and Services.?

·???????? Additionally, Singapore provides statutory protection under the trademark law for well-known foreign trademarks, allowing them to enforce their rights without local registration.

·???????? If it is intended to register the trademark outside of Singapore as well, the application may be filed via the Madrid Protocol form as well.

·???????? After filing of the application, if the application is error free and does not encounter substantive objections, the registration may be granted within 12 months.

·???????? Registered trademarks enjoy indefinite protection, provided they are renewed every 10 years, and can be licensed or sold. Non-use of a trademark within 5 years of registration can lead to its revocation.

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How Water & Shark Legal Can Help?

At Water & Shark , we understand the complexities of Singapore’s intellectual property laws and are dedicated to helping you navigate them seamlessly. Whether clients are seeking to patent an invention, safeguard creative works through copyright, or protect their brand with trademark registration, our IP expert lawyers team ensure protection and enforcement of their valuable intellectual property assets in Singapore.

Contact us at [email protected] to safeguard your intellectual property assets in Singapore with our expert legal guidance.