IP ArchIPelago

  A Golden Opportunity for Tobago and Intellectual Property Dareem Scipio* The island of Tobago held its inaugural Carnival celebrations in October 2022. This was a major development given that Carnival is usually synonymous with Trinidad. The creation of this new stand-alone event on the entertainment calendar presented an excellent opportunity for the small island state to harness the intellectual property associated with the hosting of such events. It was stated that the aim of the event is to place Tobago at the centre and ‘declare an identifiably Tobago stamp on the global calendar of festival events by revealing the hidden treasures of the island’s cultural soul and reshaping the entire Carnival Experience.’ [1]  It is therefore essential that in doing so, attempts are made to properly protect the various cultural and creative products that would be on display. Copyright Protectable Works (i) Works of Mas There can be no carnival without mas and it is expected that mas w...

Maximizing Your Brand's Potential  Through The Madrid Protocol Dareem Scipio* Every trade mark you build, adds to the financial value of your business, much more than your tangible assets. ~ Kalyan Kankanala Trinidad and Tobago acceded to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (“Madrid Protocol”) on October 12 th  2020. [1]  The protocol subsequently took effect in January 2021. [2]  The Madrid Protocol is an international treaty that aims to streamline the process of registering trade marks internationally by providing a quick, convenient and cost effective way for trade mark holders to secure protection for their marks in multiple countries through the filing of one application with a single office, in one language, with one set of fees and in one currency.   The Madrid Protocol presents an excellent opportunity for individuals and businesses in small economies such as Trinidad and Tobago to fully ...

Are Creators Getting Value For Their IP? Reforming The Way CMOs Operate  in Trinidad and Tobago Dareem Scipio* and Sherry Hinds* Collective Management Organizations (CMOs) are an essential organ of all creative industries. They assist creators in the management of their intellectual property by monitoring the use of works, issuing licenses and most importantly, collecting and distributing royalties. Without them, the value attributed to copyright protection will be too burdensome for individual rightsholders to effectively pursue and subsequently enforce especially in the context of music. However, for many years, artistes, producers and other persons in T&T’s entertainment industry have found themselves at the mercy of these organizations. Their predatory practices are largely facilitated by the absence of a regulatory framework to govern the operations of CMOs in T&T. Presently, there are (3) CMOs involved in the management of musical rights in T&T: Copyright Music Or...

  Broadcasting Bacchanal:  Watching Football and Copyright Law Dr Justin Koo With the launch of the 2022/2023 English Premier League football season, there is once again controversy in the Caribbean region concerning broadcasting rights. There is nothing new about this scenario as ever so often there is news about conflict pertaining to which entity has the broadcast rights to the latest sporting event. Disputes over broadcast rights have been litigated in the Jamaican court system on at least two occasions concerning the broadcasting of the 2015 World Athletic Championships [1]  and the 2014 IAAF Diamond League. [2] The latest controversy concerning the broadcasting rights for the 2022/2023 Premier League football season begins with the rights being granted to a new entity, Verticast, for the entire Caribbean region. [3] Subsequent to the grant of the broadcast rights to Verticast, territorial sub-licences have been made to a number of different broadcasters and cable co...

    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...