IP ArchIPelago

Longer Copyright Protection: Yay or Nay? Dareem Scipio* Intellectual Property Rights as a matter of public policy are subject to various limitations. One such limitation is the duration in which these rights subsist in right holders. Limitations such as these are essential due to the general monopolistic and exclusive nature of intellectual property rights. In Trinidad and Tobago, the current legal framework provides that copyright protection shall subsist for the full life of the author and 50 years after his/her death. [1]  However, this position is expected to change in the very near future. The Attorney General of Trinidad and Tobago recently indicated the government’s intention to bring a bill to the parliament that will extend the term of copyright protection for the life of the author and 70 years after his/her death. The general rationale given for the proposed change is to bring Trinidad and Tobago in line with international best practices. [2]  Therefore, it is neces...

  Downstream Effects of the Steelpan GI Priya Sam* The steelpan is a musical instrument indigenous to Trinidad and Tobago. It was also recently declared the national instrument of the twin-island republic. This instrument is a physical embodiment of the heart, soul and history of Caribbean culture and music. With ‘Trinidad and Tobago Steelpan’ recently becoming a geographical indication (GI), this blog post will discuss the significance of this development.   On 9 August 2024, the Intellectual Property Office of Trinidad and Tobago granted a GI for ‘Trinidad And Tobago Steelpan’ concerning the manufacturing of steelpans. This development is worthy to note because GIs are most often granted for agricultural products. Nonetheless, the grant of this GI may have a great impact on the economy of Trinidad and Tobago where all things steelpan can now be promoted and conducted under the GI, adding value to the already notable local production process. A GI allows its users to gain a g...

  From Tradition To Trade: The Social, Cultural and Economic Value of Geographical Indications for Saint Lucia Rahym R Augustin-Joseph* and Travis Lay** On 5 August 2024, the Gazette advertised the application for Saint Lucia’s first Geographical Indication (GI) for ‘Saint Lucian Rum’. This recent development has sparked this blog post about GIs. Article 22.1 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement )  provides an acute definition. It notes that a GI is a sign used on products that has a specific geographical origin and possesses qualities or a reputation that are due to its origin. Thus, a GI implies the presence of a special quality, reputation, or characteristic of the product essentially attributable to its place of origin.    Some well-known examples of GIs include: Feta Cheese, Champagne, Pisco, Darjeeling Tea, Basmati Rice, Parma Ham, Scotch Whiskey, Tequila, Bordeaux Wine, Cognac, and most recently, Trinidad a...

 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...