11th Developments in IP Law Series

The popular Developments in IP Law series moves past its first decade milestone on 23 January 2024 as the 11th edition features a roundup of copyright decisions in 2023. The EW Barker Centre for Law & Business (EWBCLB) at NUS Law continues its partnership with IPOS International for this marquee event at the Suntec City Convention Centre, which brings together academics, judges, practitioners and policymakers to discuss key intellectual property decisions and developments in Singapore, the United Kingdom, the European Union, the United States and Australia in the following areas. This year’s series features: Copyright (23 January 2024); Trade Marks/Passing Off (1 February 2024); Breach of Confidence/Privacy & Data Protection (22 February 2024); Patents (29 February 2024).

Professor David Tan, Co-Director of TRAIL (and concurrently Head (Intellectual Property), EWBCLB), kicked off the first session on Copyright providing commentary on the controversial US Supreme Court decision on fair use in Andy Warhol Foundation for the Visual Arts v Goldsmith, and a number of Singapore High Court decisions that dealt with, inter alia, vicarious liability and the meaning of statutory licensee for the purposes of standing under the Copyright Act. The other presenters were Professor Martin Senftleben (Professor of IP Law and Director, Institute for Information Law (IViR), Faculty of Law, University of Amsterdam) who commented on developments in the European Union and the UK, highlighting aspects of the proposed AI Act and the present ambiguous definition of “pastiche”; and Mr Gavin Foo (Head of Copyright Unit and Principal Legal Counsel, IPOS) who shared the plans concerning the implementation of the collective management organisations (CMO) scheme under the Copyright Act 2021, and the forthcoming public consultation on the prescribed exceptions for circumventing access control measures under the Copyright Regulations 2021. Justice Dedar Singh Gill (Supreme Court of Singapore) joined the panel Q+A/discussion which was moderated by Mr Paul McClelland (Senior Legal Counsel, IPOS International).

In the second session of the four-part series on Trade Marks and Passing Off on 1 February 2024, Prof Tan commented on a number of US decisions on trademark law which included the US Supreme Court decision on the Bad Spaniels parody dog toy and the Second Circuit Court of Appeals’ decision on MSCHF’s parody of Vans’ Old Skool shoes. Comparing the Bad Spaniels toy to the Chewy Vuiton parody dog toy which was found by the Fourth Circuit in 2007 to be neither infringing nor dilutive of Louis Vuitton’s marks, he observed that a similar outcome is likely to be found should the case proceed to trial. The other presenters were Mark Lim (Director/Chief Legal Counsel, Hearings & Mediation, IPOS) who gave an update on, inter alia, trade marks registration statistics and mediation success cases; Professor David Llewelyn (Managing Director, David Llewelyn & Co LLC) who provided a comprehensive commentary on decisions concerning trade marks, passing off and geographical indications in Singapore; and The Honourable Mr Justice Mellor (Business & Property Courts of England & Wales) who, via Zoom, discussed key decisions in the UK and the European Union, including his own decision in Lifestyle Equities CV v Royal County of Berkshire Polo Club concerning a dispute between the Beverly Hills Polo Club and Royal County of Berkshire Polo Club. Mr Gabriel Lim (Senior Legal Counsel, IPOS) moderated a lively and mirthful Q+A/discussion.

Copyright (23 January 2024) – Gavin Foo shared details of the CMO scheme

Copyright (23 January 2024) – Professor David Tan reviewed the US and Singapore decisions

Copyright (23 January 2024) – Professor Martin Senftleben discussing the EU and UK developments via Zoom

Copyright (23 January 2024) – The speakers were joined by Justice Dedar Singh Gill in the Q+A session facilitated by Paul McClelland

Copyright (23 January 2024) – An audience member posing a question to the panel

Copyright (23 January 2024) – Professor David Tan with Lau Kok Keng (Rajah & Tann Singapore) and Trina Ha (IPOS)

Trade Marks/Passing Off (1 February 2024) – A full house at Suntec City

Trade Marks/Passing Off (1 February 2024) – Mark Lim gave an update on trade mark registrations at IPOS

Trade Marks/Passing Off (1 February 2024) – Professor David Llewellyn commented on the judicial decisions in Singapore

Trade Marks/Passing Off (1 February 2024) – Professor David Tan compared the Chewy Vuiton to the Bad Spaniels dog toy in his analysis of the US decisions

Trade Marks/Passing Off (1 February 2024) – Justice James Mellor provided a review of UK and EU decisions, and joined the Q+A session via Zoom

Trade Marks/Passing Off (1 February 2024) – Tan Tee Jim (Lee & Lee) added to the lively banter at the Q+A session

Trade Marks/Passing Off (1 February 2024) – It’s not all serious talk! Participants also had a good time catching up with friends in the legal community.

Trade Marks/Passing Off (1 February 2024) – Professor David Tan with Aaron Thng (Amica Law LLC)

Trade Marks/Passing Off (1 February 2024) – The speakers with IPOS International’s Managing Director Kok Kitt-Wai and IPOS’s Senior Legal Counsel Gabriel Ong