IP ArchIPelago

  From Ideas to Income: Utilising Intellectual Property for growth in the Creative Economy Sasha Maharaj* ‘Intellectual property is gaining wider acceptance as a driver in the creative economy and an increasing number of countries are adopting a strategic approach to the role of intellectual property in unleashing the potential of creativity and monetizing it to the benefits of creators, stakeholders and society as a whole.’ (WIPO Committee on Development and Intellectual Property 2022). [1] With the theme for this year’s  World Intellectual Property Day being ‘IP and music: Feel the beat of IP’, it is no doubt that rhythms and musical expressions can trigger an emotional response, bring communities together and benefit health. As such, a plethora of conferences, academia and training programmes aim to promote the importance of protecting and managing these creative expressions. However, whilst the motivating factor has been for authors to protect their works via copyright, tr...

  From the Track to the Marketplace: The Case of Julien Alfred Rahym R Augustin-Joseph From the moment Julien Alfred won Saint Lucia’s first Olympic Gold and Silver Medal in the Women’s 100m and 200m respectively, entrepreneurs and fans in Saint Lucia and across the world, started to ‘create’ merchandise and paraphernalia in her ‘likeness’ and ‘image’ to show support and/or make profit. Social media was ablaze with Alfred inspired T-shirts, bags and other materials suggesting that she was in support of global movements and political campaigns, such as the Kamala Harris’ presidential campaign.  Interestingly enough, the Minister of Youth and Sports, Hon. Kenson Casimir, when questioned about whether the Government was providing paraphernalia for sale, encouraged the private sector to do so. [1]  Of course, I do not doubt that the Minister meant within the confines of the law. However, his invitation raised potential legal issues which will be analysed in this blog post. Su...

Longer Copyright Protection: Yay or Nay? Dareem Scipio* Intellectual Property Rights as a matter of public policy are subject to various limitations. One such limitation is the duration in which these rights subsist in right holders. Limitations such as these are essential due to the general monopolistic and exclusive nature of intellectual property rights. In Trinidad and Tobago, the current legal framework provides that copyright protection shall subsist for the full life of the author and 50 years after his/her death. [1]  However, this position is expected to change in the very near future. The Attorney General of Trinidad and Tobago recently indicated the government’s intention to bring a bill to the parliament that will extend the term of copyright protection for the life of the author and 70 years after his/her death. The general rationale given for the proposed change is to bring Trinidad and Tobago in line with international best practices. [2]  Therefore, it is neces...

  Downstream Effects of the Steelpan GI Priya Sam* The steelpan is a musical instrument indigenous to Trinidad and Tobago. It was also recently declared the national instrument of the twin-island republic. This instrument is a physical embodiment of the heart, soul and history of Caribbean culture and music. With ‘Trinidad and Tobago Steelpan’ recently becoming a geographical indication (GI), this blog post will discuss the significance of this development.   On 9 August 2024, the Intellectual Property Office of Trinidad and Tobago granted a GI for ‘Trinidad And Tobago Steelpan’ concerning the manufacturing of steelpans. This development is worthy to note because GIs are most often granted for agricultural products. Nonetheless, the grant of this GI may have a great impact on the economy of Trinidad and Tobago where all things steelpan can now be promoted and conducted under the GI, adding value to the already notable local production process. A GI allows its users to gain a g...

  From Tradition To Trade: The Social, Cultural and Economic Value of Geographical Indications for Saint Lucia Rahym R Augustin-Joseph* and Travis Lay** On 5 August 2024, the Gazette advertised the application for Saint Lucia’s first Geographical Indication (GI) for ‘Saint Lucian Rum’. This recent development has sparked this blog post about GIs. Article 22.1 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement )  provides an acute definition. It notes that a GI is a sign used on products that has a specific geographical origin and possesses qualities or a reputation that are due to its origin. Thus, a GI implies the presence of a special quality, reputation, or characteristic of the product essentially attributable to its place of origin.    Some well-known examples of GIs include: Feta Cheese, Champagne, Pisco, Darjeeling Tea, Basmati Rice, Parma Ham, Scotch Whiskey, Tequila, Bordeaux Wine, Cognac, and most recently, Trinidad a...