IP ArchIPelago

 Fix your mix but keep it secret: Trade Secrets unlocked Gayatri Dass* Given that the Carnival season has recently come to a close, it seems a bit early to delve into discussions about alcoholic mixes. However, discussions about trade secrets as a sub-species of intellectual property (IP) are critical to entrepreneurial developments and innovation in Trinidad and Tobago (TT). Trade secrets are all around us from the beverages and food we consume to the secret algorithms search engines such as Google utilise. Unlike other forms of IP, trade secrets are not registered with any government or regulatory body as this right is automatic, as long as the criteria for protection have been fulfilled (World Intellectual Property Organization, WIPO). In TT, information shall be considered “secret information” if (a) it is not generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question, (b) it has commercial value because...

Ne-Yo's 'Miss Independent' vs Vybz Kartel's 'Romping Shop' Dareem Scipio* R&B and Dancehall usually produce two completely different musical vibes. However, a different picture comes to mind when you hear the names ‘Ne-Yo’ and ‘Vybz Kartel’. When it comes to a comparison of the two popular hits, ‘Miss Independent’ and ‘Romping Shop’  (viewer discretion advised, censored version here ), performed by Ne-Yo and Vybz Kartel respectively, it is clear that the two performers share a strikingly similar musical taste for the aforementioned songs.   A quick listen to both songs immediately reveal substantial similarity in the melody and beat. A musicologist is not required to make the claim that the two songs are substantially similar for copyright purposes. In the music world, this ‘borrowing’ can be either sampling or interpolation. ‘Sampling’ involves taking part of an existing sound recording and incorporating it into another sound recording. Whereas ‘interpolat...

Angostura Queen’s Park Swizzle Dareem Scipio* If you are a cocktail lover, then you might already be familiar with the Queen’s Park Swizzle® cocktail. A rich blend of rum and the signature Angostura® Aromatic bitters, this classic cocktail has its birthplace in Trinidad and Tobago. The cocktail, which derives its name from the Queen’s Park Hotel where it was first created over 100 years ago is now popular with mixologists around the world and brings delight to the tastebuds of cocktail lovers far and wide. While the cocktail has a rich history, it is also embedded with more than an “oz” of intellectual property which adds tremendous value to the overall product. The cocktail's signature name ‘QUEEN’S PARK SWIZZLE’ has been registered as a trademark by Angostura Ltd in Trinidad and Tobago, USA, Mexico and Canada . BUT… have no fear! This does not mean that you cannot decide to make your own cocktail at home. Neither does it mean that mixologists at your favourite pubs are prohibited...

  Securing Copyright in Soca Music Vasha Maharaj* Copyright law and soca have a challenging relationship. It must be considered how to protect original works while allowing the genre with its sharing norms to flourish. The judgement in  Full Blown Entertainment [1]   was unable to adequately address this concern. [2]  Specifically, the Trinidad and Tobago law on copyright sits uneasily with riddim culture, generic cultural references and music sampling and interpolation that is prevalent in the soca industry. Therefore, this blog post offers insight into some of the challenges concerning soca music and copyright law in Trinidad and Tobago. Full Blown Entertainment v Matthews The court held that the phrase, ‘wine with no worries’ and its syncopation did not meet the requisite originality standard to attract copyright protection. Justice Seepersad argued that the words comprise ‘elements of the genre’ of soca, the implication of which holds them to be too generic to sa...

  The AI Copyright Dilemma Dareem Scipio* Since the public release of artificial intelligence technologies such as OpenAI last year, the United States Copyright Office (USCO) has reported a significant increase in persons seeking copyright protection for works generated by these technologies. This development has raised questions about whether AI generated works meet the long-established criteria necessary for copyright protection, particularly the requirement of human authorship. [1]   On a strict interpretation of the current laws relating to authorship, any work solely generated by AI generated technologies will be incapable of obtaining copyright protection. The challenge involves those cases where there is a mixture of human involvement or authorship and mechanical ‘designer-ship’ by AI technologies. In such cases, the primary issue becomes whether the level of human involvement is such that the resulting work constitutes an original work of human authorship. Even then a ...