Andrew is a freelance fitness trainer. During the COVID-19 pandemic, he recorded a series of exercise...
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Andrew is a freelance fitness trainer. During the COVID-19 pandemic, he recorded a series of exercise videos which he made available online on a subscription fee basis. Barbara, one of his clients, enjoyed the videos very much. She works with a company, TechVistas, which manufactures virtual reality ("VR") headsets for use on their proprietary metaverse environment, MetaZone. Barbara thought Andrew's videos would be a "killer-app" on the MetaZone, but Andrew's videos would require much work to digitise and remaster them for use on MetaZone. Andrew was very excited about the project and made his library of videos available to TechVistas without stating any terms. TechVistas' marketing team also created a new virtual persona for Andrew, WorkoutVRKing, complete with a distinctive workout attire, and its engineering team devised a nutrition bar with a new high calorie protein that would also promote weight loss, which they have branded NutriAmino. Once whilst visiting the TechVistas laboratory, Andrew came across the formula of NutriAmino and snapped a photograph of it. A year following the launch, WorkoutVRKing was a phenomenal success. Unfortunately, Andrew was not paid anything by TechVistas. They asserted that they had to invest significant resources in the videos to adapt them for use on MetaZone. Andrew is very upset and now wants to retaliate by selling his own Workout VRKing merchandise, and he also wants to launch his own line of nutrition supplements with similar characteristics as NutriAmino. He has found a financial backer, Chris, who is prepared to provide Andrew capital, in exchange for a share of profits. Please answer the following questions: (a) Classify and differentiate between the various types of intellectual property rights that are relevant to the facts described above. For each of these types of rights, define how these rights are infringed under Singapore law, as well as identify and analyse if there is any risk of infringement of these intellectual property rights if Andrew were to carry out his plans. Explain the legal remedies that the courts in Singapore may award in the event that there is a finding of intellectual property infringement. (50 marks) Andrew is a freelance fitness trainer. During the COVID-19 pandemic, he recorded a series of exercise videos which he made available online on a subscription fee basis. Barbara, one of his clients, enjoyed the videos very much. She works with a company, TechVistas, which manufactures virtual reality ("VR") headsets for use on their proprietary metaverse environment, MetaZone. Barbara thought Andrew's videos would be a "killer-app" on the MetaZone, but Andrew's videos would require much work to digitise and remaster them for use on MetaZone. Andrew was very excited about the project and made his library of videos available to TechVistas without stating any terms. TechVistas' marketing team also created a new virtual persona for Andrew, WorkoutVRKing, complete with a distinctive workout attire, and its engineering team devised a nutrition bar with a new high calorie protein that would also promote weight loss, which they have branded NutriAmino. Once whilst visiting the TechVistas laboratory, Andrew came across the formula of NutriAmino and snapped a photograph of it. A year following the launch, WorkoutVRKing was a phenomenal success. Unfortunately, Andrew was not paid anything by TechVistas. They asserted that they had to invest significant resources in the videos to adapt them for use on MetaZone. Andrew is very upset and now wants to retaliate by selling his own Workout VRKing merchandise, and he also wants to launch his own line of nutrition supplements with similar characteristics as NutriAmino. He has found a financial backer, Chris, who is prepared to provide Andrew capital, in exchange for a share of profits. Please answer the following questions: (a) Classify and differentiate between the various types of intellectual property rights that are relevant to the facts described above. For each of these types of rights, define how these rights are infringed under Singapore law, as well as identify and analyse if there is any risk of infringement of these intellectual property rights if Andrew were to carry out his plans. Explain the legal remedies that the courts in Singapore may award in the event that there is a finding of intellectual property infringement. (50 marks)
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a Types of Intellectual Property Rights 1 Copyright Copyright protects original works of authorship including literary artistic and audiovisual works ... View the full answer
Related Book For
Income Tax Fundamentals 2013
ISBN: 9781285586618
31st Edition
Authors: Gerald E. Whittenburg, Martha Altus Buller, Steven L Gill
Posted Date:
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