Intellectual Property

As Singapore strives to become a global Intellectual Property hub in Asia, our team is in the forefront of developing new licensing frameworks and strategies in the areas of technology, media and telecommunications. We regularly draft, review and advise on complex software and related technology agreements. We have also advised on software and internet-based transactions, as well as personal data protection and management.

Our team has represented a wide range of major clients, including statutory boards, media regulators, local and foreign media and entertainment companies, and IP rights bodies in the film, sound recording and software industries. Our broad experience and in-depth knowledge of the industry allows us to offer expert advice on matters such as commercialization and exploitation of creative works, enforcement of IP rights, licensing matters and regulatory compliance.

We also work jointly with our firm’s Corporate Department with regard to media-related corporate transactions. In recent years, one such transaction involved advising the vendors in respect of the acquisition of a leading online food portal in Singapore in a multi-million dollar deal.

Other work highlights include:

• Advising a major player in Singapore’s next-generation nationwide broadband network industry, in respect of a contentious matter involving a contractual dispute

• Advising a start-up company on its obligations under several popular open-source software licences such as the GNU General Public Licence and Lesser General Public Licence, as well as the creation of a discussion forum on their website

• Reviewing multiple agreements relating to the licensing of software and copyright between the Singaporean branch of a Japanese mobile giant and a Korean counterparty

• Advising a statutory board on the impact and effect of the Code of Practice for Market

• Conduct in the Provision of Media Services introduced by the government to regulate the cable television industry

• Reviewing multiple technology licensing agreements for one of the largest national oil companies of China

Lee & Lee’s head of Intellectual Property, Mr. Tan Tee Jim, S.C, has also written numerous articles analysing the legal developments in this fast-paced and dynamic area of law, including the recent article “New Law for Compilations and Databases in Singapore?”, which was published in a special 2012 issue of the Singapore Academy of Law Journal.

For further information, please contact:

Tan Tee Jim, S.C. 
Toh Kok Seng
Maurice Cheong
Zechariah Chan, P.B.M.
Eugene Lau

Overview

The emerging area of personal data protection law has created new and often complex legal issues for companies that deal with employees’ and clients’ personal information. Organizations must now ensure compliance with statutory regulations that require them to ensure that personal data is collected and managed subject to informed consent, and to develop and communicate policies that facilitate the safe handling of personal data, both within the organization and beyond. Lee & Lee’s Privacy and Data Protection Practice, led by our Senior Counsel, Tan Tee Jim, S.C. leads the way in helping organizations respond to new challenges brought about by the rapidly-changing legal environment surrounding privacy and personal data protection.

Our Work

Lee & Lee’s Privacy and Data Protection Practice evaluates, advises and assists clients by bringing their organizations into compliance with personal data protection laws. We are able to conduct a privacy impact assessment for the organization to understand and appreciate the existing state of compliance with statutory requirements. This would identify the needs of the organization so that active steps may be taken to conduct or oversee a compliance exercise to bring their organization in line with current personal data protection laws.

Highlights

In addition to advising on numerous website privacy policies and queries, Lee & Lee has also received many queries regarding the impact and application of the Personal Data Protection Act to organizations in Singapore. We have conducted several personal data protection seminars for our clients and friends to help our clients manage the transition to bring their organizations into compliance with the personal data protection regime in Singapore.

For further information, please contact:

Tan Tee Jim, S.C. 
Francis Lim
Zechariah Chan, P.B.M.

Overview

The steadily developing area of competition law creates new and complex legal issues to be resolved. Business agreements, commercial practices and corporate transactions are increasingly subject to intense scrutiny for anti-competitive practices. Led by experienced Senior Counsel Tan Tee Jim, Lee & Lee’s Competition Practice is able to respond to such legal developments as clients face new challenges in a rapidly changing environment.

Our Work

Lee & Lee’s Competition Practice advises and represents clients on the complete range of competition law issues. The issues principally relate to anti-competitive agreements, abuse of dominant position and mergers which have resulted, or may result, in a substantial lessening of competition in any market in Singapore. Our practice has represented clients in relation to such issues before both the Competition Commission of Singapore (CCS) and the Competition Appeal Board (CAB).

Case Highlights

In 2008, Lee & Lee represented a major multi-national in an investigation by the CCS concerning tenders for contracts in the pest control industry. The investigation resulted in the first written, and landmark, decision by the Commission.

Between 2009 and 2010, Lee & Lee represented the Singapore branch of a major multi-national technology company that was required by the CCS to provide information and documents to assist the CCS in investigations concerning a possible breach of section 34 of the Competition Act in relation to the supply and procurement of optical disk drives. Our practice advised the client on key concerns, including the scope and extent of information to be provided to the CCS, and the protection of confidential commercial information.

In 2011, Lee & Lee represented 7 modelling agencies in an investigation by the CCS concerning an agreement by the Association of Modelling Industry Professionals (AMIP) to fix prices for services in the modelling industry. Whilst the facts of the matter resulted in the CCS finding that the members of the AMIP had breached the prohibition against price fixing under section 34 of the Competition Act, successful representations were made on behalf of the 7 agencies and the penalties imposed by the CCS on them were substantially reduced.

Between 2012 and 2013, Lee & Lee also represented 4 of the 7 modelling agencies in a successful appeal to the CAB wherein the penalties imposed on the 4 modelling agencies were further reduced by a significant percentage. The CAB accepted submissions made on behalf of the said modelling agencies that the high turnover and low margin characteristic of the modelling industry was a mitigating factor and accordingly, the penalties imposed by the CCS ought to be further reduced.

Most recently, Lee & Lee represented a major global financial services provider in making leniency applications to the CCS under the CCS Guidelines on Lenient Treatment for Undertakings Coming Forward with Information on Cartel Activity Cases 2009. The leniency applications relate to suspected breaches of section 34 of the Competition Act. The CCS’ investigations are currently ongoing.

For further information, please contact:

Tan Tee Jim, S.C. 
Mervyn Foo
Jasper Lim