What is required to establish infringement of each of the intellectual property rights described in questions 1-3? What evidence is necessary in this context?

Intellectual Property

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Copyright – When a person, without the license of the owner of the copyright, does or authorises in Singapore any act comprised in the copyright; or when a person who trades in an article in Singapore, knowing that it is an infringing article.

Registered designs – When a person makes for sale an article which is substantially similar with the registered design.

Geographical indications – Where the goods, or the packing of which, bear a term identical with a registered geographical indication, but which do not originate from the place indicated by that registered geographical indication.

Layout-designs (topographies) of integrated circuits – Proof of a 'causal connection' (i.e. that the alleged infringing chip was copied from the plaintiff's layout-design).

Patents – When a person makes, disposes of, offers to dispose of, uses, imports, or keeps the product without the consent of the patent proprietor; when a person uses, or offers for use, in Singapore, when he knows that its use without the consent of the patent proprietor it would be an infringement of the patent; or when a person disposes of, offers to dispose of, uses, imports, or keeps any product obtained directly by means of the patented process.

Plant varieties – When a person, who is not entitled to do so, does or authorises the doing in Singapore of the production or reproduction; conditioning for the purpose of propagation; offers for sale; sells or markets; exports; imports; or stocks for any of the aforementioned purposes a registered plant variety.

Trade marks – Where there is identity between marks and between goods/services; confusion caused by similarity between marks and between goods/ services. As for the common law action of passing off, goodwill, misrepresentation, and damage is required.

Trade secrets/know-how – Necessary quality of confidence; obligation of confidence; unauthorised use of information.

Updated: May 24, 2017