Question Bernard is a freelance travel magazine feature writer and vlogger. He makes his living travelling to exotic destinations to write feature stories, taking photographs to accompany his stories and shoot videos which he also edits and releases regularly on his YouTube channel, The Wandering Nomad. His YouTube channel is very popular, having more than 200,000 subscribers. Bernard also licences his travel articles for publication in various travel magazines. He has travelled to more than 50 countries at his own cost and written more than 100 articles to date.

Bernard also has a side-line business selling travel merchandise through using his The Wandering Nomad brand, which he promotes on his YouTube videos. His The Wandering Nomad branded backpack that he designed and developed with a newly invented secure clasp has already had more than 1,000 pre-orders on the crowdfunding platform, Kickstarter.

Jenny is a social media influencer and wants to launch a travel vlog channel on TikTok. As she wanted to launch her channel quickly, her videos comprise compilations of snippets from other content creators' videos taken off YouTube, including Bernard's. Jenny has observed that this is a widespread practice. She also comes across Bernard's channel and decides to call her channel The Wandering Female Nomad. She also uses ChatGPT to come up with a script and uses an automated software narrator for the voice-over for her videos. Unknown to Jenny, ChatGPT reproduces large chunks of Bernard's articles. Jenny launched her channel to much publicity and many of her existing fans subscribed to her new channel. Bernard sees the content she has launched and is very upset.

Bernard's commercial success has caught the attention of Albert. Albert would like to form a company with Bernard to fund future productions. Albert also thinks he will thereby gain access to Bernard's library of videos, articles and photos, Bernard's brand and the backpack with the special clasp.

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 analyse if Jenny has infringed any of Bernard's 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) Demonstrate how Albert should insist upon Bernard managing the risk of infringement claims identified in (a) above. Identify and analyse two options Albert may consider in obtaining an interest in the intellectual property rights identified. For each option that you identify, discuss the advantages and disadvantages thereof. (50 marks)

Guidance Notes 1. Answers for each question should be properly structured, with appropriate introduction, conclusion, and organised paragraphs. 2. Must use proper referencing and citation formats, where necessary. If refer to any case law, please provide the full name and citation, e.g. Sime Darby Edible Products Ltd v Ngo Chew Hong Edible Oil Pte Ltd [2000] 4 SLR 360.