SAL Journal 2012 Special Issue (Intellectual Property Law)

Author(s)/Editor(s)/Contributor(s): Professor Sam Ricketson (guest editor)

CPD Points : N/A


Journal Special Issue


This issue features articles on:


(a) the various prescriptive tests for inventive step in patent law, and how it could be further tweaked for enhancement in specific situations;

(b) the need for the patent system to strike an appropriate balance of rights between protection and competition by examining the grant of remedies;

(c) the recent Leahy-Smith America Invents Act, and how it represents a new mode for international harmonisation;

(d) the issues surrounding the determination of authorisation liability, with a particular emphasis on the meaning of the word “authorise”;

(e) the advantages of protecting the preparatory efforts of the makers or producers of databases and compilations;

(f) the concept of authorship and the meaning of a “work”, and how these implicate the standard that is applied when one considers the question of copyright subsistence;

(g) the relevance of the US transformative use doctrine to the fair dealing provision in Singapore, with an emphasis on the transformative characteristics of appropriation art;

(h) a review of the development of copyright law in Singapore through the past 25 years, and how public policy considerations have shaped the legislative and judicial development of copyright law principles;

(i) the anti-dilution right in modern trade mark law;

(j) the increasing need for private methods of dispute resolution, with the introduction of the new generic top-level domain programme by the Internet Corporation for Assigned Names and Numbers;

(k) the statutory interpretation of intellectual property law in Singapore, whether judicial creativity involved in such interpretation is desirable for Singapore’s intellectual property jurisprudence; and

(l) a review of the operation of the World Intellectual Property Organization Arbitration and Mediation Center, with particular focus on the mediation and arbitration of intellectual property and technology disputes.




Professor Ricketson is Professor of Law at Melbourne Law School, University of Melbourne, Australia. He is a Fellow of the Academy of Social Sciences of Australia, a member of the Victorian Law Reform Commission and a panel member of the World Intellectual Property Organization’s dispute resolution body in relation to domain names. He has also held various professional as well as governmental appointments in the intellectual property area, including membership of the Commonwealth Copyright Tribunal.
Articles by

1. Sam Ricketson
2. Stanley Lai SC
3. Elizabeth Siew-Kuan Ng
4. Rochelle Cooper Dreyfuss
5. Saw Cheng Lim and Warren B Chik
6. Tan Tee Jim SC
7. Sam Ricketson
8. David Tan
9. George Wei
10. Ng-Loy Wee Loon
11. Jacqueline Lipton and Mary Wong
12. Burton Ong
13. Ignacio de Castro and Panagiotis Chalkias
14. George Wei




1. Introduction
2. The Future of Inventive Step in Patent Law
3. Evolving Landscape of Patent Remedies in a Changing Marketplace
4. The Leahy-Smith America Invents Act – A New Paradigm for International Harmonisation?
5. Revisiting Authorisation Liability in Copyright Law
6. New Law for Compilations and Databases in Singapore?
7. Reflections on Authorship and the Meaning of a “Work” in Australian and Singapore Copyright Law
8. The Transformative Use Doctrine and Fair Dealing in Singapore – Understanding the “Purpose and Character” of Appropriation Art
9. A Look Back at Public Policy, the Legislature, the Courts and the Development of Copyright Law in Singapore – Twenty-Five Years On
10. The Sense and Sensibility in the Anti-Dilution Right
11. Imperatives of Private Arbitration in International Intellectual Property Disputes
12. Interpreting Intellectual Property Statutes in Singapore – What are the Limits of Judicial Creativity?
13. Mediation and Arbitration of Intellectual Property and Technology Disputes – The Operation of the World Intellectual Property Organization Arbitration and Mediation Center
14. Appendix – Major Parliamentary, Statutory and Related Developments in Intellectual Property Law in Singapore, 1987–2012
  • SAL Journal 2012
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