IP ArchIPelago

    Abortions and Intellectual Property Dr Emma Perot The world has been reeling from the overturning of the US constitutional right to abortion recognised in  Roe v Wade [1]  in the US Supreme Court. This is despite the fact that the impact of the judgment is seemingly limited to the USA. Some US states have federal rights to abortion, which still protect women to a greater extent than most of the Caribbean region. Our stricter approaches to abortion mean that the practice is generally illegal or only legal in exceptional circumstances to preserve the life or mental health of the mother. How is IP relevant to abortion where debate is usually confined to human rights discourse? Intellectual property is not immunised from the moral quandaries of legislators. In particular, patent legislation across the globe often has a provision which prohibits the patenting of inventions that could be considered immoral or contrary to public conscience. In Trinidad and Tobago, secti...

  How to NOT Get Away with  Copyright Infringement Dareem Scipio LLB “No Copyright Infringement intended. I do not own the rights to the music in this video!”  I am sure you are accustomed to seeing this phrase as you scroll through your various social media profiles and streaming platforms.  Maybe you are guilty of having used such line at some point in your life. You see the line as your protection against being sued and so you include it in the caption of every post where the works of others is featured. You feel safe, assured, at peace. However, contrary to popular belief, the words “no copyright infringement intended” offer absolutely no protection to individuals who use and share the works of others without permission. While copyright law does provide exceptions and limitations to avoid copyright infringement, these are often very specific and narrow in focus. In the Caribbean, exceptions and limitations to copyright infringement are generally co...

  Licks for 'Lick' Dr Justin Koo Shenseea and Megan Thee Stallion’s song ‘ Lick ’ has been subject to major attention and scrutiny due to allegations of copyright infringement. ‘Lick’ reproduced the phrase ‘put your back in it’ made famous by the song ‘ Put Your Back In It ’ that went viral as a result of a TikTok challenge featuring the song. However, the origin of ‘put your back in it’ is derived from an earlier song performed by Belfon in 2001 entitled ‘ Work ’.  The controversy with ‘Lick’ surrounds the use of the lyrics ‘put your back in it’ and two samples from ‘Work’ that Anastas Hackett alleges were used without permission. For the purpose of clarity, it is important to note that copyright in a single song can involve different layers – the lyrics (words), the composition (melody/background music), the performance (actual singing or playing of the music) and the production (mixing and mastering of the sound recording). Each of these elements attract copyright or neighb...

  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...