IP ArchIPelago

  Caribbean Intellectual Property Controversies: The Steelpan Grace Bhagwandeen and Dr Justin Koo Our beloved steelpan musical instrument is one of the most iconic symbols of our Caribbean culture and identity. Surprisingly enough, the identification of its ownership and protection through intellectual property law, specifically the ‘patenting’ of the steelpan has been quite a controversial issue. This blog post explores some of the intellectual property discussions that have arisen with regards to the steelpan. Admittedly, much of the furore would appear to be the result of fundamental misunderstandings of intellectual property rights and intellectual property law. Although the steelpan first originated in Trinidad and Tobago, it symbolises the very essence of Caribbean music and the entire region has been involved in the struggle to recognise the steelpan as its own. The original invention of the steelpan which is dated circa the early 1940s was never patented. It is unclear whet...

World Intellectual Property Day 2022 World Intellectual Property Day is celebrated annually on April 26. The theme for 2022 is ‘IP and Youth: Innovating for a Better Future’. We certainly agree that intellectual property law and intellectual property rights have a crucial role to play in the future development of the world. Intellectual property is everywhere and affects us in a multitude of ways, both directly and indirectly. There is no escaping the reach of intellectual property, whether you are a consumer or producer of intellectual property rights. Creators of copyright and designs, inventors of patents and owners of brands need to recognise the value of their contributions to the world. The creation and management of intellectual property rights are a key part of commerce and offers a viable and sustainable path to employment and moreover respectable careers. Young persons should be encouraged to embrace their inner creator, inventor and entrepreneur. For intellectual property is...

  Intellectual Property in Marijuana Legalization: Possibilities, Challenges, Barriers Dareem Scipio As of midnight, on Monday 23 rd  December, 2019 marijuana was decriminalized in Trinidad and Tobago. [1] For the marijuana user, this meant that the cultivation, use and possession of small amounts of marijuana was no longer a practice they had to conduct in secret. Indeed, the amendments to the Dangerous Drugs Act [2]  was a welcomed move not only to the average marijuana user, but to an overburdened criminal justice system struggling to dispose of thousands of marijuana cases each year. Steps have already been taken to liberalize the further use and exploitation of the drug with the introduction of the Cannabis Control Bill. [3]   Essentially, the Bill seeks to provide a framework for the full legalization of marijuana, a move that will allow the sale, wide-cultivation and commercialization of the drug. While the Bill goes through the various stages of legislative s...

  The Tool to Keep Handy Let's Talk Caribbean TM Class Tool! Hanna Niamath-Ali Dan LLB How can we use technology to support and aid creatives, business owners and entrepreneurs? Can we equip such persons with a tool to assist them in the process of protecting their brands? The Intellectual Property Offices of CARIFORUM states and the CARIFORUM Directorate answer in the affirmative with the development of the Caribbean TM Class Tool. It is a free digital search tool which lists terms of classes of products and services for the registration of trademarks across the Caribbean Region. The Caribbean TM Class Tool was  funded by the 11th Electronic Development Fund (EDF) and implemented by the European Union Intellectual Property Office (EUIPO). [1]  Since its launch on 9 th  December 2021 [2] , the Intellectual Property Offices of Antigua and Barbuda (ABIPCO), Belize (BELIPO), Cuba (OCPI), the St. Kitts and Nevis (IPOSKN), the Dominican Republic (ONAPI), St. Lucia (ROCIP)...

  Non-Conventional Trade Marks:  Scents, Tastes and Sounds Grace Bhagwandeen LLB LLM LEC and Brandon Jadoonanan LLB LLM LEC BA BSc Introduction Non-conventional marks are a new category of trademarks which do not fall under the traditional types of trademarks. These non-traditional marks include sound, scent, taste, motion and texture. The protection of non-conventional marks is a hotly disputed matter in the law. The approaches in the EU and the Caribbean differ, since the EU has removed the need for graphical representation while the Caribbean has retained this requirement. Under the EU approach, the mark must satisfy the  Sieckman  criteria, [1]  i.e. the mark is clear, objective, precise, self-contained, durable, intelligible and easily accessible. After this criteria is met, non-conventional marks can be registered under the EU approach. Notwithstanding that the  Sieckman  criteria is recognised in the Caribbean, the trademark legislation in Trini...