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381.  DECEMBER 2005 Issue
p.407

Custody Orders, Parental Responsibility and Academic Contributions CX v CY (minor: custody and access)
Chan, Wing Cheong  •  [2005] Sing JLS 407 (Dec)

382.  DECEMBER 2005 Issue
p.416

Death by Disappearance - as Good as Dead? Re Wong Sook Mun Christina
Chin, Tet Yung  •  [2005] Sing JLS 416 (Dec)

383.  DECEMBER 2005 Issue
p.426

Death and the Central Provident Fund Revisited Chai Choon Yong v Central Provident Fund Board
Crown, Barry C.  •  [2005] Sing JLS 426 (Dec)

384.  DECEMBER 2005 Issue
p.438

Establishing Undue Influence and Seeking Equitable Compensation Li Sau Ying v Bank of China (Hong Kong) Ltd
Ho, Lusina  •  [2005] Sing JLS 438 (Dec)

385.  DECEMBER 2005 Issue
p.448

Natural Forum and the Elusive Significance of Jurisdiction Agreements The Rainbow Joy
Yeo, Tiong Min  •  [2005] Sing JLS 448 (Dec)

386.  DECEMBER 2005 Issue
p.462

What's Wrong with Section 300(c) Murder?
Chan, Wing Cheong  •  [2005] Sing JLS 462 (Dec)

387.  JULY 2005 Issue
p.1

Unconventional and Well-Known Trade Marks
Vaver, David  •  [2005] Sing JLS 1 (Jul)
This Paper considers two fields of trade mark law which have expanded in recent years. Unconventional trade marks involving sounds, smells and shapes have started appearing on trade mark registries in Europe and the United States. The owners of well-known marks like Coca-Cola, which has long been firmly protected against imitators and "free riders", have also not been content with the protection they receive under national laws and have managed apparently to secure even more advantages from national legislatures and internal fora. The United States - Singapore Free Trade Agreement of 2003 compelled Singapore to strengthen its trade mark laws to encompass these developments. This paper examines unconventional and well-known marks from a comparative, primarily European law, perspective. It argues that the expanded protection accorded to these marks is not self-evidently a good thing in public policy terms. It concludes that re-forming the law is not the same as reforming it.
[Full Text]

388.  JULY 2005 Issue
p.20

Breach of Confidence, Downstream Losses, Gains and Remedies
Wei, George  •  [2005] Sing JLS 20 (Jul)
One of the tricky issues that has arisen rather frequently in recent years concerns attempts by intellectual property right owners to expand their rights and remedies so as to cover activities which are said to have been caused by the infringement but which lie downstream of the actual infringement. Are such activities within the scope of the exclusive rights conferred so as to enable the right owner to sue the individual carrying out the downstream activity? Alternatively, might the right owner litigate against the immediate infringer on the basis that his infringement was the "cause" of the downstream activity such as to support a claim for damages in respect of the downstream losses? This article starts with a brief discussion of the reach of process patents into downstream products and then moves into a detailed discussion of the position at common law under the action to protect confidential information.

389.  JULY 2005 Issue
p.64

Is Discovery Available Prior to the Commencement of Arbitration Proceedings?
Pinsler, Jeffrey  •  [2005] Sing JLS 64 (Jul)
Discovery before action is a relatively recent development in Singapore and other common law countries and is now well established. However, case law has yet to determine whether a party to an arbitration agreement is entitled to discovery prior to arbitration. This issue raises various questions concerning the nature of arbitration legislation and the Rules of Court, and the extent of the court's inherent powers.

390.  JULY 2005 Issue
p.76

Crossing Time's Boundaries: A Comparative View of Legal Responses to the Pre-Incorporation Contract
Omar, Paul J  •  [2005] Sing JLS 76 (Jul)
This article outlines the problems attendant on the conclusion of contracts intended to be performed by a company, though entered into by a promoter or interested party before the company's formation. Such pre-incorporation contracts, widely used as a vehicle for obliging co-contractants, are nonetheless not without difficulties, notably in cases where liability for performance or non-performance is at issue. It is the purpose of this article to take a comparative view of how these questions have been dealt with in a number of Commonwealth countries, including the United Kingdom, as well as Europe, where the company law harmonisation initiative has attempted to create a unique rule to apply to both common law and civil law jurisdictions.

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