Rights under a licence agreement are contractual and not proprietary in nature

10 Jun 2015

This update discusses the Singapore Court of Appeal (“CA”) decision in the case of Guy Neale and others v Ku De Ta SG Pte Ltd [2015] SGCA 28. 

In this case, the CA adopted the position taken by the English courts in holding that a licence to exploit a registered trade mark is purely contractual in nature and does not confer any proprietary rights on the licensee.  This CA judgment is particularly instructive as it clarifies that in Singapore, rights under a licence agreement are contractual, and not proprietary in nature.

To read the update, please click here.