Question 1 Brian is employed as an engineer with LightMagic, a manufacturer of LED lighting components. In his spare time, Brian has invented a miniature haser scanner technology which he has deployed in a health monitoring ring that can be worn around a user's finger. The scanner is capable of detecting and monitoring the wearer's daily activities such as exercise and other physical activity, as well as detect his or her vital health indicators, such as pulse, blood pressure and blood oxygen saturation. In order to unlock the full potential of the ring, Brian also hired a freelance programmer, Sally, to write an app that can connect to the ring and upload the wearer's data to the cloud. Recognising the contribution the ring can make to daily life, Brian has coined the brand LifePulse for the rings. As he was racing to beat a competitor company, Brian rushed to launch the rings to great commercial success, but without filing any intellectual property rights beforehand. Brian is now looking for investors to fund further development. Sally has claimed that as there was no agreement entered into with Brian for her to write the app, and she is paying for all the cloud hosting services, she owns all of the intellectual property in the app and user data that has been uploaded. Edmund has also written a letter to Brian saying that he is the owner of the LifePulse trade mark, which Edmund has been using for his health supplement business, and is demanding that Brian pays him damages, failing which he will seek remedies against Brian for trade mark infringement. LightMagic is also claiming that it is the owner of Brian's miniature laser scanner technology and in any case, it infringes existing patents that LightMagic owns. A potential investor Jack has come to you for advice. 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, who may assert such infringement claims, as well as identify and analyse if there is any risk of infringement of these intellectual property rights. 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) (b) Jack would like to invest in Brian's business. Analyse how Jack shoukd insist upon Brian managing the risk of infringement claims identified in (a) above. Identify and analyse two options Jack may consider in obtaining an interest in the intellectual property rights identified. For each option that you identify, identify and discuss the advantages and disadvantages thereof. (50 marks)