NATIONAL UNIVERSITY OF SINGAPORE NUS BUSINESS SCHOOL DEPARTMENT OF STRATEGY AND POLICY GEK 1042 INTELLECTUAL PROPERTY ISSUES

IN CYBERSPACE Lecturer Session : : Associate Professor Susanna H.S. Leong (Course Coordinator) Special Term II, 2012/2013

Course Objectives Over the past two decades, the subject of Intellectual Property has grown significantly, both in terms of importance and scope. Intellectual property is increasingly seen to be the new foundation for creating wealth, especially in a knowledge-based economy. The ability to harness and protect intellectual property is of paramount importance in the competitive market place. With advances in computer technology and the advent of internet, intellectual property is no longer only confined to the brick-and-mortar world but is also found in the world of cyberspace. The primary objective of this module is to equip students with a general understanding of the subject of intellectual property rights and its significance as a tool for wealth creation. Next, the students are presented with various issues related to intellectual property that have arisen largely as a result of the growing use of the internet as a tool for publication and distribution of information. These issues which span across areas like the law, business and public polices are both interesting to study and explore. With the view of further broadening the students perspective in this subject matter, comparisons are made between the positions in Singapore and those elsewhere in the world. Course Outline Lesson 1 Introduction What is Intellectual Property? Tangible property vs. intangible property Brick-and-mortar world vs. virtual world What kind of intellectual property rights are generated in the physical world? What is the difference if these intellectual property rights are generated in cyberspace? Lesson 2 Confidential Information What is confidential information? Why is confidential information important or valuable? How can confidential information be protected in law? What are the implications or consequences if one fails to protect confidential 1

information? Confidential information used in cyberspace Confidential information and the issues of privacy in the virtual world Confidential information and the emerging right of publicity with regard to the protection of famous personal images and other indicia

Lesson 3 Patents and Inventions What is a patent? What does a patent protect? Why should an inventor apply for a grant of patents for his inventions and innovations? How to apply for a patent? What are the criteria for grant of a patent? What are the exclusive rights conferred upon a patent owner by the law? What remedies are available for a patent owner whose patent has been infringed? The global market place and the significant of patents Lesson 4 Copyright What subject matters are protected by copyright? When does copyright subsist in a work? What are the exclusive rights of a copyright owner? How is copyright protection important and relevant to authors? When is copyright infringed? What are the consequences of infringement? What remedies are available to a copyright owner whose copyright in a work has been infringed? The global market and copyright protection Lesson 5 Trade Marks and Passing Off What are trade marks? How important are trade marks to businesses? What is the rationale for protecting trade marks? Registrability of trade marks What are the exclusive rights of a registered trade mark owner Infringement of registered trade marks What remedies are available to a registered trade mark owner whose trade mark has been infringed? Trade marks which are not registered can they be used? How to protect trade marks which are not registered?

Lesson 6 Data Protection and Privacy Issues in Cyberspace Data protection laws Hacking and computer misuse Laws Privacy Issues and the protection of the law Lesson 7 Patents & Computer-Related Inventions Can computer programs be patented? Can business methods be patented? Should they be protected? Lesson 8 Computer Programs and Copyright Are computer programs protected by copyright? The protection of designs of circuits and semi-conductor products Multimedia works and copyright protection in cyberspace Copyright infringement in cyberspace Lesson 9 Databases and Factual Compilations Databases and subsistence of copyright The creative originality vs. The sweat of the brow or labour investment Comparative analysis across jurisdictions: USA, UK, Canada, Australia and Singapore The proprietary models: The European Directive on the legal protection of databases; The proposed WIPO Treaty 1996; The proposed database investment and Intellectual Property Antipiracy Act of 1996 The alternative legal model: unfair competition/ misappropriation theories Lesson 10 Digital rights management information P2P file sharing and copyright piracy issues Criminalizing of copyright infringement in cyberspace The Right of communication to the public Rights and liabilities of internet service providers Lesson 11 Trade Marks in Cyberspace What are domain names? What is the significance of domain names as an indicator of origin? What is cybersquatting? Resolution of Domain Names Disputes Issues on infringement and other unfair usage of trade marks over the Internet Lesson 12 3

The access challenge in the 21st century: emerging issues in intellectual property laws and knowledge governance Revision Modes of Teaching and Learning This module adopts a seminar style teaching. As the module is conducted over the Special Term, we meet two to three times in a week, each time for a period of 3 contact hours for a total of 6 weeks. The first 1 hour and 30 minutes of the seminar is typically spent on imparting the basic principles on the subject matter to the students. However, the students must be prepared to interact with the instructor during this session and thus, they must have read the relevant reading materials before the seminar. The rest of the seminar time is devoted to case analysis and discussions to be prepared and presented by the students. These case analysis and discussions are the heart of the module as it is through careful dissection and systematic presentation of arguments of the issues found in these cases that the students truly learn to appreciate the significance of the issues and to critically evaluate their implications. Reading List 1. Suggested Readings Reference Books: 1. Computer Law, Fourth Edition, Edited by Chris Reed & John Angel; 2. Introduction to Computer Law, Fourth Edition, David Bainbridge; 3. The International Intellectual Property System: Commentary and Materials, Abbott, Cottier & Gurry Singapore Statutes: 1. The Copyright Act 1987 2. The Patents Act 1994 3. The Trade Marks Act 1994 4. The Registered Designs Act 2000 Cases: Selected Judicial Decisions. - These judicial decisions will form the pool of case analysis and discussions. They are selected from a number of jurisdictions such as Singapore, the United Kingdom, the United States, Australia and New Zealand. Students in the module are expected to read broadly and a list of relevant materials including journal articles will be made available to them in the beginning of term. Mode of Assessment 1. Nature of CA and Final assessment This is an open book examination module. 4

CA consists of 2 Quizzes; Group Assignments and presentations; and class participation. The Final Examination consists of 1 compulsory question. The question takes the form of case analysis that requires the students to explore a myriad of issues and to formulate cogent arguments in relation to them. 2. Break up of CA and Final assessment Quiz 20% (individual effort) Group Assignments and oral presentations 20% (group effort) Class participation 20% (individual effort) Final examinations 40% (individual effort)

Prepared by: Susanna H.S. Leong Associate Professor Department of Strategy and Policy Special Term II, 2012/2013