Case Study

PART $1(50$ Marks$)$

In early $2020,$ John $($a Singaporean mechanical engineer$)$ conceived the idea of designing a fully solar powered emergency vehicle. The idea for his invention was principally inspired by health pandemics where emergency vehicles have to travel to rural parts of big cities without access to electricity or gasoline. John$$s solar vehicle $$ named the Solar Powered Emergency Vehicle $($SPEV$)$ is essentially a massive solar powered mobile medical treatment facility. Such a facility $$ which can be deployed in a matter of hours and is capable treating huge numbers of patients at any one time $$ is extremely useful where hospitals are overwhelmed, and immobile patients are unable to travel to hospitals. Such mobile treatment facility can therefore be deployed in the event of a major pandemic outbreak.To help him build his SPEV, John approached Peter, an entrepreneur whose business is in the manufacture of solar panels. Over several meetings, John discussed his solar powered emergency vehicle with Peter and also shared the design specifications and technical drawings for the vehicle.$$

Unfortunately, negotiations broke down along the way and the parties fell out. Then, in early February $2021,$ John was surprised to read in media reports that The Singapore Hospital was to unveil their $$Solar Powered Emergency Vehicle$$ in June $2021$ at a medical exhibition in Singapore. The publicity materials for the solar powered emergency vehicle read as follows: $$The solar powered emergency vehicle $$ which can be deployed in a matter of hours and is capable treating huge numbers of patients at any one time$.$ It transpired that The Singapore Hospital had earlier approached Peter in June $2020$ to help them build this solar powered emergency vehicle and that the solar powered emergency vehicle had been deployed in several neighbourhood mobile clinics in Singapore since August $2020.$

John was highly disturbed by this development because it was clear to him that Peter had made use of his idea, design specifications and technical drawings for the SPEV. John also noticed that Peter$$s version of the SPEV is capable treating of huge numbers of patients at any one time. John then decided to file a patent application for his SPEV invention with the Intellectual Property Office of Singapore $($IPOS$)$ on $1$ March $2021.$ John was granted a patent on $1$ March $2022.$ Apart from The SingaporeHospital, Peter continues to design and build similar solar powered emergency vehicle for other organisations and corporate entities. In fact, the latest order was just delivered by Peter on $1$ May $2022.$

Further background information on John$$s SPEV invention is set out in Annex A$.$

ANNEX A

A$.$ The SPEV invention can be deployed in a matter of hours and is capable treating huge numbers of patients at any one time.$$

B$.$ The concept for SPEV was conceived after John$$s own observations and recollection of solar powered makeshift hot dog stands and fast$-$food vans.$$

C$.$ Further research reveals that a certain engineer, Dr Solar, published a commentary in$2000$ in The Old Straits Times $($the only English daily circulating in Singapore$),$ which lamented the lack of sustainable medical vehicles and suggested the mounting of solar panels on a medical vehicle. Dr Solar$$s commentary is now stored on microfilm in the National Archives of Singapore.

Part $1$: Potential Claims by John$$

John would like to know $(1)$ whether he can successfully bring an action against Peter for any$$

intellectual property issues, and $(2)$ if Peter is able to raise any defences against each of these claims.

Legal Issues $$ State the legal issue$($s$)$ presented in the case study.$$