IP ArchIPelago

  All I want for Christmas is a Trade Mark Dareem Scipio* Mariah Carey has just failed in her attempt to trademark the phrase “Queen of Christmas”. Whattttt... isn't she…the Queen of Christmas!? Well, she might be the undoubted Queen for several persons but not for fellow singer Elizabeth Chan, who opposed Carey’s application to trademark the phrase. [1]  This situation provides an excellent example of the preliminary steps that must take place before a trademark can officially be registered. The preliminary steps in registering marks are almost universal so although Carey’s application would have taken place in the United States, the learning can be applied elsewhere including of course in the Caribbean. So, what are these essential steps?   The first step towards the registration of any mark is the making of an application with the relevant office. In Trinidad and Tobago, this is outlined in section 5(1) of the Trade Mark 2015 which states that an application must be ma...

  The Cost of Copyright Infringement Justin Koo Copyright cases in the Commonwealth Caribbean are rare. Admittedly, they have become more frequent in recent years as awareness about intellectual property rights increases. However, the development of copyright jurisprudence remains slow and at best patchy. Nonetheless, the recent dispute of  Drakes v Grant [1]  offers insight into copyright proceedings from start to finish, that is from allegation of infringement to a finding of infringement and finally the award of damages. Specifically, in the context of Trinidad and Tobago,  Drakes v Grant  was the first successful infringement case concerning the right of reproduction and as such is an important case given the general lack of copyright litigation. Recap of Case Drakes v Grant  concerned the unauthorised reproduction of the claimant’s photograph depicting Peter Minshall’s costume ‘The Dying Swan, Ras Nijinsky in Drag as Pavlova’. The photograph was used t...

  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...