Learning objectives for Unit 3 Flashcards
Define Intellectual Property.
Intellectual property (IP) is a category of property that includes intangible creations of the human mind. Intellectual property rights are specific legal rights which protect the owners of intellectual property.
Understand IP policy in Singapore.
Intellectual property (IP) rights are essential to support an innovation-driven economy and the growth of industry and commerce in Singapore.
1) The Ministry of Law (MinLaw) oversees various aspects of IP policy, including those relating to patents, trademarks, copyright, registered designs, plant varieties,geographical indications and trade secrets.
2) Functions include reviewing and updating our domestic IP protection and enforcement regimeto support economic goals, and fostering the growth of a vibrant IP services sector; and safeguarding Singapore’s interests in international forums.
3) The implementation of IP policies also involves the Intellectual Property Office of Singapore (IPOS),a statutory board under MinLaw. It is the lead government agency that advises on IP laws, maintains the IP Registers, and engages businesses on their IP needs.
4) Digitalisation and technological advancements has made the ability to reproduce, distribute, control and publish information easier. IPOS is a statutory board under the Ministry of helps inventors, entrepreneurs and businesses create and protect and leverage their innovations. The Singapore government will vigorously defends IP rights if IP is registered in Singapore.
5) The IP Court Guide was released in September 2013 and sets out special case management procedures for IP cases. The High Court also has a list of IP judges, who have greater experience and expertise in IP matters, to hear IP cases. This facilitates further deepening of expertise and improves the quality of decisions.
6) WIPO (World Intellectual Property Organisation) has established an Arbitration and Mediation Centre (AMC)in Singapore, its only centre outside Geneva. A collaboration framework between IPOS and the WIPO AMC allows parties to resolve IP disputes via ADR atthe WIPO AMC. Additionally, the Singapore International Arbitration Centre(SIAC) has established a specialist panel of IP arbitrators, which includes internationally-renowned IP experts.
7) In February 2017, the Committee on the Future Economy (CFE) released its recommendations on economic strategies for the next decade. IPOS and MinLaw released an Update to the IP Hub Master Plan to support the CFE’s recommendation to strengthen Singapore’s innovation ecosystem and help achieve better economic outcomes in the future economy. The Update builds upon the progress achieved and focuses on helping innovative enterprises harness IP for growth, particularly through the active commercialisation and monetisation of their IP.
Describe various types of intellectual property.
- Copyrights:
Copyright protects works like novels, computer programmes, plays, music, film, photographs and paintings. When you own the copyright to any of these works, you control the use and commercial exploitation of these works. This means that you have the right to prevent others from reproducing, publishing, performing, communicating to the public, or adapting your work. - Patents:
A patent is a right that is granted for an invention. It can take the form of a new product, process or technical improvement to existing technology. When you register a patent for your invention, you hold the exclusive right to use the patent. This means that no other person can take advantage of that patent, unless your permission is sought. - Trademarks:
A trade mark is a sign that you can use to distinguish your business’ goods or services from those of other traders. It can be represented graphically in the form of your company’s name or logo. A trade mark can add value to your business. Using a trade mark can help customers easily identify and remember your products and services, allowing you to build customer loyalty and protect your market share. - Trade secrets:
“Confidential Information” generally means information which is not known to the public, or in the public domain, but is private to the company or individual who possesses that confidential information. From a commercial perspective, confidential information can include details of a company’s financial affairs, business operations or customer engagements. A key type of confidential information could be a company’s trade secret, such as a method or technique of manufacture which gives the company an edge over other competitors. A person who has access to confidential information is generally obliged under the law to keep the information confidential and cannot usually disclose the information to third parties. If he does disclose the information, he is said to have breached the obligations of confidentiality and is liable to legal action.
Describe current legislation and regulations to safeguard data and consumer privacy.
Personal Data Protection Act (PDPA). Personal data refers to data, whether true or not, about an individual who can be identified from that data; or from that data and other information to which the organisation has or is likely to have access.
Taking into the account of the following principles:
1. Consent
2. Purpose
3. Reasonableness
4. Accuracy
5. Transferability
6. Retention
Do Not Call Registry:
The DNC is there to allow users to opt out of marketing messages that are addressed to their Singapore telephone number.
- Duty to Check the DNC Registers
Describe the consequences of not adhering to existing legislation.
- Enforcement of the Data Protection Act:
PDPC will give the organisation such directions that it thinks appropriate to ensure compliance.
Directions such as:
● Stop collecting, using or disclosing personal data in contravention of the Act
● Destroy personal data collected in contravention of the Act
● Provide access to or correct the personal data
● Pay a financial penalty of an amount not exceeding $1 million. - Enforcement of the Do Not Call Registry:
Breaching the DNC provisions in the PDPA is liable to a fine of up to $10,000 per offence. In appropriate cases, the PDPC may compound the offence for a sum of up to $1,000. Whether composition is offered and the amount of composition will be decided by the PDPC based on the facts of each case. - General Offences and Penalties for breaching PDPA Laws:
An organisation or person that commits an offence under section 51(3)(b) or (c) of the PDPA is liable to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; and in any other case, to a fine not exceeding $100,000.
Outline the steps or measures use to mitigate data breaches.
Step 1: Know what information you have
Step 2: To be aware of where your data is stored
Step 3: Know the Risks
Explain the importance of corporate governance and privacy policy on customer data.
The importance of personal data protection policy will provide clarity to internal stakeholders on the responsibilities and processes on handling personal data in their day-to-day work. Policies also demonstrate accountability to external parties by informing them on the ways in which the organisation handles personal data.
It is imperative that organisations recognise that being accountable in managing personal data is not simply a matter of compliance, but a good business strategy that will strengthen their brand reputation and help them build consumer trust.
Explain the importance of handling confidential and sensitive information used in transactions securely.
- To meet compliance requirements:
Organisations risk losing the opportunity to operate and valuable business relationships by not complying with their legal requirements for privacy protections. - Breaches hurt businesses:
Organisations that implement controls will, as a result, reduce the number of security incidents that result in privacy breaches. Fewer breaches mean the business does not lose trust, then resultantly lose customers or other types of business. It also means the business does not have to deal with fines, multi-year penalties, or civil suits as an after effect of breaches. - To maintain and improve brand value
Organisations that explicitly make clear that protecting the privacy of their consumers is a primary goal, care about their consumers’ privacy, and support meeting that goal with transparent and consistently followed privacy practices that demonstrate this care, will build emotional connections to their brand, which will improve brand value. - To build customer loyalty
Companies risk losing customers when they suffer a personal data leak. In the event of a data breach, users would switch company immediately, while some users would wait to see a media response or what others say and do before switching to another company. All sizes of organisations will lose customers following a breach.