Chapter 2: Ethic Analysis Tool

The goal of an ethical analysis is to determine what the ethical path is. The goal of a cost-benefit analysis is,
quite differently, to determine the feasibility of a project based on costs. → Cost-benefit analysis is not an
analysis tool.

Ethical Theories
1) Utilitarianism
a. Identify the actions and/or choices.
b. Identify the parties involved.
c. Identify the utility of the action or choice.
d. Identify the attendant issues/problems.
e. Consider the utility versus the issues/problem
f. Go through for each party involved.

2) Act-Utiliarianism
a. Identify the actions and/or choices.
b. Identify the parties involved.
c. Identify the utility of the action or choice.
d. Identify the attendant issues/problems.
e. Consider the utility versus the issues/problem
f. Go through for each party involved.

3) Rule-Utilitarianism
a. Identify the actions and/or choices.
b. Identify the parties involved.
c. Identify the utility of the action or choice.
d. Identify the attendant issues/problems, and consider existing rules.
e. Consider the utility versus the issues/problems, and consider existing rules.
f. Go through for each party involved.

4) Duty Ethics
a. Identify the actions and/or choices.
b. Identify the parties involved.
c. Identify the duty ethics satisfied (or ignored/violated) by the action or choice.
d. Go through for each party involved.

5) Right Ethics
a. Identify the actions and/or choices.
b. Identify the parties involved.
c. Identify the rights ethics satisfied (or ignored/violated) by the action or choice.
d. Go through for each party involved.

6) Virtue Ethics
a. Identify the actions and/or choices.
b. Identify the parties involved.
c. Identify the virtue ethics satisfied (or ignored/violated) by the action or choice.
d. Go through for each party involved.
Chapter 3: Ethics Problem Solving
A first step in solving any ethical problem is to completely understand all the issues involved.
The issues involved in understanding ethical problems can be split into 3 categories: factual; conceptual; &
ethical/moral.
All are to include ethical implications.

- Factual Issues: these involve what is actually known about the case (with ethical implications) --- i.e. what
the facts
are. (Although the concept is straightforward, but because the cases involved are typically complex, the facts
may
not be always necessarily clear and may be controversial.)

- Conceptual Issues: these have to do with the meaning or applicability of an idea/action. While the
idea/action
itself may be obvious, “conceptually” it must be pondered whether that idea/action will lead to an unethical
decision?
Again, in complex cases, conceptual issues are not always clear-cut, and will often result in controversy as
well.

- Ethical/Moral Issues: these involve those matters/observations in the case where there are obviously
ethical
questions.

- Types of Issues: for our module, we will simply focus on being able to suitably “identify” these 3 types of
issues
and note them. For actual “ethical problem solving”, we will then move further to look at the rather more
substantive
methods of the “Ethics Line Drawing” and “Ethics Decision Flow-Chart”. (See later.)
Ethics line drawing

- Ethics Line Drawing: Line Drawing is performed by drawing a line along which various examples and
hypothetical
situations (also called “scenarios”) are placed.
- At one end is placed the “positive paradigm” (PP), an example of something that is unambiguously fully
morally
acceptable. At the other end is the “negative paradigm” (NP), an example of something that is
unambiguously not
morally acceptable at all.
- In between is placed the problem(s) under consideration (P1, P2 etc, also referred as the “points under
study”),
which denotes the actual/ choices that are made.
- Various other examples/scenarios (SC1, SC2 etc; possibly hypothetical) are also given assessment and
placed on
the Line. Those scenarios that more closely conform to the PP are placed nearer it; while scenarios closer to
the
NP are placed nearer that (with separating distance loosely using a judgement of “severity”).
- Ethics Line Drawing: By carefully examining this continuum and placing the moral problem under
consideration in
the appropriate place along the line, it is possible to determine whether the problem is more like the PP or
NP,
and therefore whether it is acceptable or unacceptable.
Ethics Flow Charting
- This will be helpful for analyzing a variety of cases, especially those in which there is a sequence of events
to be
considered; or a series of consequences that flow from each decision.
- An advantage of using a flow chart to analyze ethical problems is that it gives a visual picture of a situation
and
allows you to readily see the consequences that flow from each decision. Important to note that there is no
such
thing as a “unique” flow chart for a given problem! You need to ponder and create the suitably appropriate
flow
chart!
Chapter 4: Academic Research Ethics
Definition of Research Misconduct
Fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting
research results.

1. Fabrication
Making up data or results and recording or reporting them

2. Misrepresentation or Falsification
Manipulating research materials, equipment, or processes, or changing or omitting data or results
such that the research is not accurately represented in the research record

3. Plagiarism
The appropriation of another person’s ideas, processes, results, or words without giving
appropriate credit

• Research misconduct does not include honest error or differences of opinion.

Types of dishonesty in academic research or project:

- Cheating
- Bribery
- Misrepresentation*
- Conspiracy
- Fabrication*
- Collusion (illegal cooperation to deceive others)
- Plagiarism*
- Duplicate Submission* (plagiarise yourself)
- Academic Misconduct
- Improper computer/calculator used
- Improper online, blended course used
- Disruptive behaviour

Implications:
- Erosion of trust of the scientific community
- Spread of falsehood
- Waste of previous resources (time & money)
- Danger/harm to society
- Reputation of authors damaged

Why do researchers misconduct?

1. Pressure to deliver (over-committed)
2. Competition
3. To secure promotion and tenure (career security)
4. For fame and fortune (self-gain)
5. Peer recognition (to gain prominence of eyes – lust of the eyes)
6. For power (pride of power)
7. Ranked highly
8. To secure grants and funding (to maintain job)
9. Publish or perish culture (increase publications, citations, impact factors)
Plagiarism
1. Working with scholarly information
- Readily available within seconds
- Moral and ethical boundaries being challenged
- “borrowed” material (due to not keeping adequate notes) – rereleased after corrections were made

2. Intellectual Property (IP)

- To protect the creators of these original works
- IP is protected by law in many forms (trademark, copyright, patents)
- Ensures that the creators of such works are recognised and financially compensated for their
original and unique efforts
- NO “borrowing” of material in academic research and writing without proper attribution
- Borrowing information by not doing citation is called plagiarism

3. Plagiarism
- Misrepresent the work of other scholars without correct citation is considered plagiarism
- Consequences à failure in a course
- Serious violations can results in suspension or removal from school

4. Paraphrasing and Quoting

- Paraphrase should capture the student’s ability to distil the most impt info from scholar and present
it in a new and interesting way, using correct documentation.
- When quoting, remember to use “…”

5. Fair use
- Copyright protects original works for a significant amount of time
- Limitations on the amount of work we are allowed to use without copyright permission
- May use for educational purposes (as long as not copied entirely)

Self-plagiarism’s Problem:
1. Overworks an already overloaded peer-review and editorial system
2. Generates a poor reputation
3. May results in copyright infringement
4. May and likely will ended up getting caught (manuscripts will be retracted and featured on
retractionwatch.com)

Authorship and Idea Ownership

Authorship credit should be based only on:
1. Substantial contributions to conception and design, or acquisition of data, or analysis and
interpretation of data
2. Drafting the article or revising it critically for important intellectual content
3. Final approval of the version to be published
4. All above condition must be met.

Guidelines for authorship:

1. Have a clear authorship policy
2. Discuss and document individual contributor roles and provisional authorship early on, ideally at
the start of the project before work begins
3. Review contributions
4. Keep a descriptive authorship contributions list
5. Document the reasons for author addition and deletion
6. Make sure all authors see and approve final manuscript
Lecture 5: Professional Engineer Code of Ethics
What is a profession?
- earns their living from a specified professional activity
- Standards of education and training
- Prepare members of the profession with the particular knowledge and skills necessary to perform
specific role
- Subject to strict codes of conduct, rigorous ethical and moral obligations
Engineering is a respected profession, and with this privileged position, and we need to be dedicated to, the
protection of the public health, safety & welfare. Engineers must perform under a standard of professional
behaviour of the highest principles of ethical conduct.

What is a professional association?

- Non-profit organisation seeking to further a particular profession, the interest of individuals
engaged in that profession and the public interest
- A group of people in a learned occupation who are entrusted with maintaining control or oversight
of the legitimate practice of the occupation
- To safeguard the public interest
- Represent the interest of the professional practitioners

I. Fundamental Canons
Engineers, in the fulfilment of their professional duties, shall:
1. Hold paramount the safety, health, and welfare of the public.
2. Perform services only in areas of their competence.
3. Issue public statements only in an objective and truthful manner.
4. Act for each employer or client as faithful agents or trustees.
5. Avoid deceptive acts.
6. Conduct themselves honorably, responsibly, ethically, and lawfully so as to enhance the honor, reputation,
and usefulness of the profession.

II. Rules of Practice

1. Engineers shall hold paramount the safety, health, and welfare of the public.
2. Engineers shall perform services only in the areas of their competence.
3. Engineers shall issue public statements only in an objective and truthful manner.
4. Engineers shall act for each employer or client as faithful agents or trustees.
5. Engineers shall avoid deceptive acts.

III. Professional Obligations

1. Engineers shall be guided in all their relations by the highest standards of honesty and integrity.
2. Engineers shall at all times strive to serve the public interest.
3. Engineers shall avoid all conduct or practice that deceives the public.
4. Engineers shall not disclose, without consent, confidential information concerning the business affairs or
technical processes of any present or former client or employer, or public body on which they serve.
5. Engineers shall not be influenced in their professional duties by conflicting interests.
6. Engineers shall not attempt to obtain employment or advancement or professional engagements by
untruthfully criticizing other engineers, or by other improper or questionable methods.
7. Engineers shall not attempt to injure, maliciously or falsely, directly or indirectly, the professional
reputation,
prospects, practice, or employment of other engineers. Engineers who believe others are guilty of unethical
or illegal practice shall present such information to the proper authority for action.
8. Engineers shall accept personal responsibility for their professional activities, provided, however, that
engineers may seek indemnification for services arising out of their practice for other than gross negligence,
where the engineer’s interests cannot otherwise be protected.
9. Engineers shall give credit for engineering work to those to whom credit is due, and will recognize the
proprietary interests of others.
Chapter 6: Conflict of Interest (COI)
Definitions:
- A situation in which a person or organisation is involved in multiple interests, ($), or
otherwise, one of which could possibly corrupt the motivation of the individual or
organisation.
- A set of circumstances that creates a risk that professional judgement or cations
regarding a primary interest will be unduly influenced by a secondary interest.
• Primary interest refers to the principal goals of the profession or activity, such as
protection of clients, health, integrity, duties.
• Secondary interest includes financials gain, professional advancement, favour for
family or friends.
o Not wrong itself, but become objectionable when weight heavier than primary
interest.

• Actual and perceived risk that engineers actions for one client or public interest will be
affected
• Conflicting interest is NOT COI
• Over-commitment is NOT COI

- COI rules usually focus on financial relationship because they are relatively more
objective, fungible, and quantifiable.
- The conflict in COI exists whether or not a particular individual is actually influenced by
the secondary interest. It exists if the circumstances are reasonably believed to create
a risk that decisions may be unduly influenced by secondary interests.
- The presence of a COI is independent of the occurrence of impropriety. Therefore, a
COI can be discovered and voluntarily defused before any corruption occurs.
- Example: A person with 2 roles
- Conflict can be mitigated, but still exists. In and of itself, having two roles is not illegal,
but the differing roles will certainly provide an incentive for improper act.
- These risks can be evaluated by a govt. agency to determine whether the risks create a
substantial adv. To the organization in question over its competition, or will decrease
the overall competitiveness of the bidding process.
- COI is sometimes termed “competition of interest” rather than “conflict”

Related to the practice of law

the same firm should not represent both parties (in a divorce or child custody matter). Even if
they have separate lawyers within the firm, unless the lawyer is segregated from the rest of
the firm for the duration of the conflict.

Unrelated to the practice of law

COI can be defined as any situation in which an individual or corporation is in a position to
exploit a professional or official capacity in some way for their personal or corporate benefit.
Depending upon the law or rules related to a particular organization, the existence of a COI
may not in and itself be evidence of wrongdoing.
Types of COI:
1. Self-dealing à being a official on both side of the “deal”
2. Outside employment
3. Nepotism à hire fam members
4. Gifts à include transportation and lodging
5. Pump and dump à spreading of rumours

Mitigation
1. Removal à don’t accept outside employment
2. Blind Trust
3. Disclosure à declare
4. Recusal à excuse yourself from making decision
5. 3rd party

How to manage COI:

- Awareness
- exercise good judgement
- effective communications
- document all the decision
Chapter 7: Safety & Risks

Safety and Risk

Risk: possibility * severity
Safety: value judgement, related to risk
High risk à not safe
Safety and risk are subjective! (Xray vs smoking) à depend on individuals
Perceptions influenced by lack of understanding, media, past experiences

Tricky:
Safety and risk are subjective, how can engineer decide if it is “safe enough”?
- Can a project be 100%?
- Go /no go decision based on professional judgement
How to define “acceptable risk”?
Decisions based on risk-benefit analysis
Who bears the risks and who reaps the benefits?

Difficultly in estimating risk

Risk assessment is the uncertain prediction of the probability of harm:
1) Not possible to anticipate all technical problems which can result in a failure
2) Not possible to anticipate all human factors which can result in failure
3) Possibility assigned to failure modes are highly conjectural and cannot be corroborated
by experimental testing
4) Cannot be sure of consequences

Define “acceptable risk”

- Utilitarian and respect for person considerations
- Principle of acceptable risk: People should be protected from the harmful effects of
technology, especially when the harms are not consented to ro when they are unjustly
distributed, except that this protection must sometimes be balanced against (A) the
need to preserve great and irreplaceable benefits and (B) the limitations on our ability
to obtain informed consent”
- Laypeople vs expects
o Laypeople perception of risk is often includes value judgement: a involuntarily
is more “risky” than one is voluntarily (toxic waste vs smoking)
§ Voluntarily risk are more acceptable than risk not voluntarily assumed
§ Willing to accept higher risk if compensated $
- To give free and informed consent to risks imposed by technology (i) not coerced (ii)
have relevant info (iii) be rational and competent enough
o Acceptable risk is one which is freely assumed by free and informed consent, or
properly compensated and which is justly distributed

- Experts definition: Risk = Probability * Severity

o Acceptable risk is define in utilitarian terms (cost-benefit analysis)
 - Government regulators face dilemma – (i) regulate only when there is a provable
connections (ii) eliminate any possible risk
- Option (i): may expose public to unacceptable risks since difficult to establish effects
- Option (ii): would result in cost-ineffectiveness since large amounts of money would
have to be spent to eliminate even small tiny risks
- Acceptable risk is one in which protecting the public from harm has been weighted
more heavily than benefiting the public

Designing for safety

4 criteria needed to help ensure a safe design
- Design must comply with applicable laws
- Design must meet the standard of acceptable practice
- Potentially safer alternative designs must be explored
- Engineer must attempt to foresee potential misuses of product and design to avoid
problems
• Do testing (regards to specs and safety)

1. Define problem
2. Generate alternate solution
3. Analyse pros and cons for each solutions
4. Test the solutions
5. Select the best solutions
6. Implement the best solution

Safe exits à impossible to build a product that will never fail

- So product must fail safely
- Can be abandoned safely
- User can escape (explosion phone à can throw and run away)

Normalization of deviance
- Risk is increased when engineers accept anomalies and increase the boundaries of
acceptable risk

Engineering is a form of social experimentation

- Engineering carried out in partial ignorance
- Public uses the products of engineering
- Possibility of failure (even unintentional)

Causes of technological disasters

1. Technical design (faulty design, defective, faulty testing)
2. Human factors (ignorance, misjudgement, unethical acts)
3. Organization system factors (policy failures, cost pressures, communication failures,
bad decisions)
4. Socio-cultural factors (values on safety, attitudes towards risk, education)
Categories of accidents
1. Procedural (most common, making poor decisions, or not follow SOP)
2. Engineered (caused by flaws in design)
3. Systemic (small mistakes become major one, loose small screw, system down)

Normalisation of deviance
- Risk is increased when engineers accept anomalies and increase the boundaries of
acceptable risk
- Something that is abnormal becomes normal
Chapter 8: International Engineering Professionalism

What factors can cause problems in interpreting codes in international environment?

- Different countries involved: home and host
- Values and practices:
o Cultural/religion
o Giving and receiving of gifts as a way of forming relationship
o Nepotism (fulfil family obligations)
- Economics conditions
o Differing levels of economic development results in differing wages
o Lower health standards
- Background institutions
o LDC may not have laws and regulatory agencies
o Dilemma to follow the LDC standards
- Corruption
o May be widespread!
- Non-citizen
o Non-citizen to speak out on public issues in host countries?
- Vulnerability
o Citizen of LDC may be more vulnerable (no education)
o Not familiar with hazard & safety
o Lack of power

Interpreting and applying codes

- Many society codes are assumed to apply internationally
- Many code requirements can lead to troublesome problems in international context
o Welfare requirement
§ Hold paramount the safety, health, welfare for public
§ Concern for public welfare in LDC host may be greater due to lower level
of economic development or greater vulnerability of its citizen
(Paternalism)
o Environmental aspects
§ Countries differ in the importance they attach to environmental
concerns or how such concerns should be balanced against the need for
economic development
o Non-discrimination
§ Canon 8: regardless of race, religion, gender, disability, age, national
origin
o Bribery and COI
§ Prohibitions against undisclosed COI
§ Grease payment (everybody pay to make admin work) or gifts?
o Promoting knowledge and avoiding deception
 § If a product is inappropriately used in host country due to the people’s
low level of technological sophistication is there an obligation to address
it?

Striking a balance
Moral Absolutism and Moral relativism
Moral Absolutism à ignore business features in host countries, assume the values and
practices of home are the only correct ones, should be followed without compromise in every
situations (own country better)

Moral relativism à when in Rome, do as Romans do (not advisable à lead to illegal actions,
may be harmful)

Too little and too much personal responsibility

- Engineers responsibility should not go beyond what they have the power to influence.
They need NOT need to take responsibility for managerial/corporate decisions
- On the other hand, engineers should exercise professional responsibility in design,
production, implementation of technology. And giving engineer advise

Moral laxism and moral rigorism

Moral laxism à principal cannot be strictly applied
Moral rigorism à moral must be applied regardless of situations

Guidelines for interpreting codes

3 principal guidelines:
- Respect human rights
- Avoid paternalism and exploitation
- Appling the golden rule

Parternalism à “I know the best for you”

- Too young to understand
- Emotional pressure
Exploitation à little concern for welfare
- Asymmetrical balance of power
- Lower rank need upper rank’s resources
- Usually WRONG! (violates moral agency , do not provide free and informed consent)

Golden rule:
- Do not do to others what you would not want them to do to you!
• Refusing to engage in intentional and avoidable harm
• Promoting the overall welfare of host country citizens
• Avoiding violation of host country norms
Bribery, extortion, grease payment and gifts

Bribe – payment of money to exchange special consideration

Extortion – act of threatening to obtain benefits
Gifts – corrupts judgement, tarnishes reputation, violates obligation, undermines efficiency,
give unfair advantages
Grease payments – facilitate routine decisions (NO unfair advantage, best if eliminated)

Extortion is different from bribes

- Not corrupt judgement
- May not tarnish reputation of professional as much as bribe
- Will not usually cause one to act contrary to best interest of client
- Does not undermine efficiency of market
- Does not give unfair advantages
Chapter 9: Engineers and environment

Engineer are responsible in part of creation of technology that led to degradation

Engineer are also essential part of solution
- Global warming
- CFC and O3 layer

Attitudes towards the environment

- Subminimal
o No full time personnel assigned to environmental concern
- Minimal
o Accept government regulation as a cost of doing nosiness but no commitment
- Progressive
o Responsive to environmental concerns

Why progressive is good?

- Self-interest: recognised!
o Save $$$$$$$
o Obey law – no law suit
o Reduce risk – control risk
o Improve relationship with customers
o Improve market competitiveness
o Good publicity
- Promotion of human well-being (present & future)
o Pollution causes health problem
o Sustainability
- Respect for nature
o Trees, rivers, animals have values
o Deforestation -> also can affect human!

Governing laws
SG – Environmental Protection and Management Act (1999)
US – Occupational safety and health (1970)
• Higher priority should be given to irreversible harm!
• Cost should not be considered as a significant factor

Should engineer be obligated to the environment?

NO – we are not environmentalist (not our job to protect environment)
YES – we are creator of technology

How to handle professional engineer obligation regarding non-health related issues?

#1 – required to hold paramount for human health
#2 – engineer should have right to organizational disobedience
Organization disobedience
- Right to promote personal belief outside workplace
- Right to refuse to carry out assignments when they think is wrong
- Right to protest actions when they believe is wrong
Chapter 10: Intellectual Property

- Creation of the Mind (no need to be physical)

- Owned and possessed!
- Legally protected
- Attracts rights (can sell, licence, used, destroy)

Chapter 11: Trademarks

- Any VISUALLY MARKS/SIGNS
- Can be distinguished
-
Marks that CAN be registered:
- To use trade mark, not compulsory to register
- If registered -> protected!
- No timelines
- Trade mark already in use can be registered

Marks that CANNOT be registered:

- No visually marks
- marks that is IDENTICAL/SIMILAR
- that caused confusion! (if no confusion, can register! Starbucks and korea coffee brand)
- if cause confusion, can damaged original brand.

Scope of protection
- can be registered under one or more different classes
- 34 classes of goods, 11 classes of services

Revocation of registration
- Registered trade mark not used for 5 years
o Can be de-registered
o Any interested party can apply to Registry of Trade Marks
o Suspension of use for 5 years, with no proper reasons for the suspension
- Marks became “common to the trade”
o Scotch Tape

Registered Marks
- Period of protection is 10 years
- Renewable every 10 years
- Can last indefinitely
- Subject to renewal every 10 years
- Registered proprietor of a TM has
o Exclusive right to use
o Exclusive right to authorise others to use
o Registered TM, by virtue of the registration
o Registered proprietor of the registered TM can have right of sales, licence
- TM granted to individual can only be renewed by individual
 - TM granted to company can be renewed by the head of company
- TM lapses if fail to renew, need to re-register if want to use TM again

Infringement
- Use of registered TM without the consent of the TM owner
- If an infringing party uses a registered trade mark continuously for 5 years without
being stopped by TM owner

Remedies
- Injunction (court order restraining the infringer from further infringement activities)
- Demanding for profits gained by infringing party at his expense or seek damages loss
- TM infringement also constitutes several criminal offences. Infringer can be charged by
government public prosecutor for a fine and/or jail term.

Registration outside SG
- Madrid System – provides a mechanism for obtaining TM protection in many countries
around the world
o More effective than seeking protection separately in each individual country
o Madrid system in administered by the international bureau of world intellectual
property organisation (WIPO) in Switzerland
- To obtain protection outside SG, file applications in the countries concerned
individually or file via the Madrid System
o A TM must first be registered or applied for in country of origin
o An international application must be initiated
o Applicant submits a single application to the TM office in his home country
o Designate country or countries in which he wishes to seek protection for his TM
- SG allows priority claims in TM application
o Provided the registration in SG is filed within 6 months from the date of the first
filing earlier in a Paris convention country
o Priority date to date of first filing
- An international registration lasts 10 years
o It may be renewed for further periods of 10 years by paying the prescribed fees
to WIPO via country of origin
Chapter 11: Copyright

Refers to “a bundle of rights” but more than just a right to “copy”

- Copying/reproduction in a material form
- Publication
- Performance in public
- Adaptation

Protects:
- Original works that are produced in tangible form
o Original
§ Independent skill, effort and judgment
§ Not concerned with originality, novelty or beauty of the expression of
ideas, facts, etc
§ Does not mean novelty or uniqueness
§ All that needs to be shown is that the author created it has not copied
it from another,
§ And that he has expended towards its creation a substantial amount of
skill or labour
§ The exact account of skill, labour, or judgment required cannot be
defined in precise terms

o Tangible form
§ Literary works (books, lyrics, articles, source codes, web pages, content)
§ Dramatic works (Scripts, choreographic scripts)
§ Musical works (music scores)
§ Artistic works (painting, sculptures, drawings, engravings, photographs,
building, models, craftsmanship)
§ Compilations (literary, dramatic works, musical works, artistic works)
§ Sound recordings (tapes, CD)
§ Films (cinematographic works)
§ TV/radio (encrypted broadcasts)
§ Performances (by perfomances such as actors, dancers, singers)

NOT Protected:
- Ideas, concepts, discoveries, procedures, methods, themes
- Works that have not been made tangible is recording or writing
- Works which are not of original authorship

Automatic Protection
- No registration process (is automatic)
- Once created, and fixed in a material or tangible form
- Does not matter that there is another work that is the same or similar
Copyright ownership
Copyright owner: usually author/creator
Exceptions:
- Employment à if the work is created in the course of employment, employer owns the
copyright in the work.
- Commissioning à commissioned by another party (they own the work)

Owner of CR may:
1) Assign rights to others
2) Assign rights partially
3) License his right

Duration of protection:
- Literary, drama, music, art
o Life of author + 70 years
o If published after death, then only 70 years after first publication
- Sound recordings and films
o 70 years from the end of the year of release of recording
- Broadcast and cable programmes
o 50 years from end of year making broadcasts
- Compilation
o 25 years from end of calendar year in which 1st edition

Infringement
- Copying/reproduce
o Reproduction in sound recording, film
o Any record embodying the recording
o Making a copy
o Making 3D version of a 2D
o Storing in computer (“save” button/download)
- Publication
o Reproduction of work and supply to public
o Copies to sell
o Records embodying the recording
- Public performances
- Adaptation
• Browsing is NOT infringing (since no copying)
• Hyperlink is also NOT infringing
• Email forwarding yes

Remedies
- Injunction (stop further infringement act)
- Disposal of copies
- Account of profits or compensate loss (damages)
- Pay extra damages
- Criminal act under CR act (fine & imprisonment)
Use of copyrighted work
- Obtain consent
- Obtain right to use from owner (get licence)
- Contact CR owner directly or society
- Consent is NOT: acknowledge or give notice

Defences
- Research and private study
- Criticism or review
- Reporting current events
- Judicial proceedings
- Professional advice
Chapter 12: Patents
- Right given by government
- Owner of invention
- Prevent other from using or making it
- Need to give full disclosure

• A product, process that gives new solution, a new methods, composition of new
products

Must be:
- New or novel
- No prior art (never published anywhere before)
- Involves an inventive step (not obvious)
- Only disclose after file for patent
- Useful (able to apply to the industry)

Procedure:
- Search for previous invention
- Draft patent specs (abstract, description, drawings, claims)
- Submit for examination
- Grant of patent after 2-4years from date of application

Ownership of patent
- Owner of invention (might be inventor)
- Employee invention belong to employer
- Commissioned work might belong to independent contractor

Benefits of patents:
- Can have rights to prevent other from using
- Can be sold, or licensed
- Can sell for a sum of $$

Term and renewals

- Term of patent is 20 years
- Subject to payment of annual renewal fees
- Annual renewal fees payable starting end of 4th years
- Every subsequent year thereafter, until patent expires
- After 20 years cannot patient it already
- Need to renew every year for 20 years if not lose your patent
- After losing it cannot patent it anymore, since not new and novel
- Ppl purposely lose patent when it is not profitable (so no need to pay the fees)

Infringement
- When it is being used by others
- No consent given
Remedies
- Injunction
- Demand profit gained or loss suffered

Criminal offences
- Making unauthorised claims about patent rights or patents applied

Patent protection outside SG

- Advangates
o Single office
o One language
o Single form and fees
o Concurrently