BUS205 Company And Tort Law

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BUS205 Company And Tort Law

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BUS205 Company And Tort Law

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Course Code: BUS205
University: Singapore University Of Social Sciences

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Country: Singapore

Question:
Discuss about the Company and Tort Law for Hairina Binti Mohamed.
 
Answer:

Establishing Patent Rights
A patent is a statutory monopoly privilege bestowed to the proprietor of an invention to help him to prevent others from copying, using, or creating the invention without the consent in the nation in which he has acquired patent security. The application of patent may be filed be filed domestically with the Registry of Patent in the Intellectual Property Office of Singapore (IPOS). It can also be applied through the Patent Cooperation Treaty (PCT). The laws that govern patent are found under Patents Act (Cap.221). 
Section 13(1) of the Patent Act requires that the invention to be patented must be new, can be processed using industrial procedures, and involve an inventive step. A product can only be considered to be new if it does not resembles any already existing or known product or process.  That is, it should not form or be part of the state of the art. ‘NoFat’ is a healthy plant-based ‘fat substitute’ that Pravina has experimented and invented on her own. It makes her product taste like the common ‘roti prata’ but is not ghee-laden and is not high in cholesterol making it different from the known ‘roti prata’. Since ‘NoFat’ is a creation that has been not been used in production of’roti prata’ in Singapore, pursuant to section 14(1) and (2), Pravina should be allowed to establish her rights over ‘NoFat’.           
An ‘inventive step’ under section 15 of the Patent Act states that an invention must show advancement from the existing product or process. The advancement must not be an obvious process to anybody who is experienced in the specific field. With regard to Pravina’s invention, it is clear that she is the only one who knows the whole process of producing the product by using various different ingredients including whole meal wheat flour and her newly invented plant-based ‘fat substitute’, NoFat. . All other known ‘roti prata’ use plain flour and are fried with ghee. Therefore, NoFat should be patentable.
 
Lastly, section 16(1) states that an invention must be capable of being applied in an industry. Pravina’s invention of a fat substitute plant-based ‘NoFat’ can be widely applied in the food and beverage industry. ‘NoFat’ can be used in the production of many categories of products in the industry to substitute ingredientsthat are high in cholesterol or fat. Pravina’s creation would thus fulfil the requirement of being capable of being applied in an industry.Q3b) Trade Mark
In Singapore, for any trader to claim common rights to a trade mark, he or she must prove its reputation, and be able to persuade the court that customers will get misguided by conflicting trade mark and that as a result, the business is or will be affected. The process that Pravina has to follow for her to register the trade mark ‘MissPrata’ must satisfy the provisions of sections 7 and 8 of the Trade Marks Act (Cap. 332). This Act pronounces that for a trade mark to get registered, it must:

Fall in the description of a trade mark as given under section 2(1),
Not conflicting with any existing trade mark, and
Be distinctive.

It is clear under Section 2(1) that the trade mark must be characterized in two ways; able to be graphically represented and must be able to differentiate the products and services that are to be supplied. On the other hand, for the trade mark to be distinctive it must not contain generic words such as butter, cheese or coffee. However, any made up words with no significant meaning can be accepted to serve as a brand name.
Can apply a bit more to the case, Hairina J, e.g.:
In this case, Pravina would have to prepare detailed information on the sales volume of her products and be certain that her pink elephant and name and font of her ‘MissPrata’ are unique and are not similar to that of other products in the same product category before she submits her trade mark application. 
 
Lastly, the planned trade mark must not be in conflict with the existing ones and should value the rights of the owner of the already existing trade mark and stops creating confusion to the customers. The applicant can confirm if the trade mark proposed resembles the already registered. Such check should be done before the applicant lodges the application. After the application, IPOS will perform an assessment to guarantee that there is no conflict. The suggested mark will then be published and any objecting person can then file the disagreement, but the decision will be made by IPSO to whether the conflict exists or not.

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