What is the Singapore IP Strategy 2030?
The Singapore IP Strategy 2030 (SIPs 2030) was unveiled on 26 April 2021. This is a 10-year strategy developed in recognition of the significant role that intellectual property (IP) plays in our global economy.
One of the key objectives is to help businesses optimise the value of their innovations. Proper management of IP assets has innumerable benefits. You can better protect your business' competitive advantages from being copied, reduce the risk of costly disputes, attract investment, develop new revenue streams, and much more.
Various IP programs and schemes have already been implemented in Singapore. For example, participants in the Intangible Disclosure Evaluation and Audit Scheme were offered advice on how their intangible assets could be better showcased to clients and investors. With the launch of SIPs 2030, we can expect many more initiatives in the pipeline.
What types of IP does your business have?
In order to take full advantage of the upcoming opportunities, businesses should take the time to first understand and identify the IP assets that they deal with regularly. There are a number of types of IP, but in this article, we focus on five types that most businesses would commonly generate and/or use. This is not an exhaustive list.
- Trade marks
Trade marks are the brand names, logos, slogans and other signs used to market your business and its products. These are valuable as they help consumers differentiate your goods and services from those of competitors.
As the saying goes, prevention is always better than cure. Registration of your trade mark is strongly recommended as it provides stronger rights to stop third parties from using and registering an identical or confusingly similar mark for similar products. It also allows you to defend yourself if a third party later adopts the same or similar mark and raises a complaint against you.
There are, unfortunately, many accounts of local businesses that experienced difficulties with enforcement without a registered mark, such as the case with "1A Curry Puffs".
An investment in trade mark registration offers long-term protection for 10 years and can be renewed for further 10-year periods. In effect, protection can be perpetual if the mark is properly used and maintained. Registration also entitles you to use the ® symbol beside your trade mark.
- Copyright
Copyright concerns the original expression of ideas. Many businesses believe that copyright is not as relevant if they do not produce books, songs, paintings and other "creative" or "artistic" works.
However, copyright is applicable to a wide range of commercial fields. Some lesser-known examples of works that could potentially attract copyright are:
- Source code in a software program
- Technical instruction manuals
- Drawings for industrial and engineering purposes
- Retail store front displays
- Images used for marketing, for example on your website or on social media
Copyright works do not need to be registered in Singapore as rights automatically arise when an eligible work is created. The term of copyright protection will also depend on the type of work.
Understandably, there may be uncertainties as to whether something qualifies for copyright protection in the absence of any registration system or certificates being issued. This is where an IP professional could provide an assessment on whether a work is protected by copyright and advise you on the evidence needed to prove ownership.
While copyright works do not need to be registered, it is good practice to apply the copyright notice (e.g. "© [year] [name of company]") to put third parties on notice that your business claims rights under copyright law.
- Registered designs
Registered designs cover the external appearances of products. This includes, for example, colours and patterns applied to a bag, the shape of a piece of furniture, or even the design of graphical user interfaces applied to electronic screens.
Design applications should be considered before launching new products. Except in limited cases, a design will not be registrable if it has already been used in public anywhere in the world.
Once registered, a design is protected for an initial period of 5 years. It can be renewed every 5 years, up to a maximum period of 15 years.
- Patents
Patents and designs often operate hand-in-hand. Designs protect external appearances, while patents protect the way that an invention works.
A patentable invention could be a product, such as an anti-microbial face mask, or a process, such as a method for longer storage of organic foods.
One of the most important criteria to meet is novelty. As with design applications, patent protection is usually not available for inventions that have already been disclosed to the public anywhere in the world.
The maximum term of protection for a patent is 20 years from the date of filing. Payments have to be made to maintain the patent yearly, starting from the fifth year of registration.
- Confidential information
Patent protection comes with a trade off as you will need to disclose how the invention works when filing an application. From this, competitors could potentially develop technology around the scope of your patent.
As such, some types of commercial information may be better off protected as confidential information and trade secrets.
There is no system to register confidential information and trade secrets, and it is up to the business to develop a suitable risk management strategy based on the relevant circumstances. For example, a combination of contractual safeguards, regular compliance audits and technology tools can be used to manage a franchisee's use of confidential information.
Takeaways
The key differences with the five common types of IP are summarised below. A single product or service may involve multiple IP rights, each with its own distinct characteristics to take note of.
| Type of IP | Examples | Registrable | Maximum term of protection |
| Trade mark | Brand names, logos, slogans | Yes | Potentially perpetual if properly maintained and renewed |
| Copyright | Manuals, computer software, design of a brochure | No | Varies based on type of work |
| Registered designs | Graphical user interface on a mobile app, prints on a bag | Yes | 15 years |
| Patents | Manufacturing methods, chemical composition of a product | Yes | 20 years |
| Confidential information / Trade secrets | Manufacturing methods, chemical composition of a product, business strategies | No | Potentially perpetual |
There is no better time to develop an IP strategy and seek clarification if you have any questions about your IP. This will help your business enhance and maintain its competitive advantage in the years to come.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
