DAIS MINES!

INTELLECTUAL PROPERTY AND THE RIGHTS ASSOCIATED WITH I.P.

WHAT IS INTELLECTUAL PROPERTY?

• Intellectual Property (IP) refers to the expressed creation of the human mind. Examples are a brand, an
invention, a design, a song or another intellectual creation.
TYPES OF INTELLECTUAL PROPERTY

• Trademarks
• Copyright
• Patents
• Industrial Design
• Trade Secrets
• Integrated Circuits
• Geographical Indications
• New Plant Variety
TRADE MARKS
WHAT IS A TRADEMARK

• A trade mark is a sign capable of distinguishing the goods or services of one trader from those of other
traders.
EXAMPLES OF TRADEMARKS
MAJOR POINTS ON TRADEMARKS

• Classification of trade marks are done using the 11th Edition of the Nice Agreement Concerning the
International Classification of Goods and Services for the Purposes of the Registration of Marks available
on WIPO’s website. Classification assistance through the WIPO Madrid Goods and Services Manager
• The filing fee is determined by the number of classes for which the application is filed. That is, each
application costs $1400.00 for the first class of goods and/or services and $150.00 for each additional
class included in the same application
• A trade mark is valid for ten years from the filing date of the application and may be renewed for
successive ten year periods upon the filing of the prescribed renewal application form and the payment
of the prescribed fee.
MAJOR POINTS ON TRADEMARKS

• The right of priority is an applicant’s right under the Paris Convention for the Protection of Industrial
Property to benefit from an earlier filing date, if the application in Trinidad and Tobago, is filed within six
months of the date of the first filing of the application in another Paris Convention country
• A trade mark registered in Trinidad and Tobago is only valid within Trinidad and Tobago. However, if you
desire protection in several jurisdictions you can check out the Madrid Protocol.
BENEFITS OF A TRADEMARK
• Registering your trade mark gives you the exclusive right to use your mark for the goods and/or services
that it covers in Trinidad and Tobago.
• A registered trade mark: –
• Allows you to initiate legal proceedings for the infringement of your trade mark under the Trade Marks Act No.8
of 2015;
• Allows the proprietor of the mark to have documentary proof of its ownership of the mark;
• Is personal property, which may be sold, licensed or franchised;
• May prevent unauthorized persons or entities from using your trade mark without your permission;
• Gives public notice of the registered proprietor of the mark and authorized users of the mark may be recorded
in the Trade Marks Register.
COPYRIGHT
WHAT IS A COPYRIGHT

• This is a property right, which subsists in literary and artistic works that are original intellectual
creations. Works covered by copyright include, but are not limited to novels, poems, plays, reference
works, articles, computer programmes, databases, films, musical compositions, paintings, drawings,
photographs, sculpture, architecture, advertisements, maps and technical drawings.
• Copyright protects all literary and artistic works that we create whilst using our intelligence and our
imagination provided it is expressed in a tangible form. The people who are the creators are usually
called ‘authors’ even if they are really painters, photographers, writers, artists, composers etc .
Copyright laws grant authors, and other creators protection for their literary and artistic creations,
generally referred to as “works”.
IMPORTANT INFORMATION
• A closely associated field is “neighbouring rights” or “related rights”, or rights that encompass rights similar
or identical to those of copyright, although sometimes these can be limited and of shorter duration.
• The beneficiaries of related rights are:

• Performers such as actors and musicians in their performances;

• Producers of phonograms (for example, compact discs) in their sound recordings; and
• Broadcasting organizations in their radio and television programs.
• In Trinidad and Tobago ‘works of mas’ are also protected by copyright. The term ‘works of mas’ involves a
combination of tangible manifestation, such as a physical costume and intangible manifestation such as a
style of dance, a style of oratory, etc. This provision is intended to protect producers of works of mas
especially as it relates to Trinidad and Tobago Carnival celebrations.
RIGHTS PROVIDED BY COPYRIGHT AND
RELATED RIGHTS
• The creators of works protected by copyright, and their heirs and successors (generally referred to as “right holders”),
have certain basic rights under copyright law. The creators want to maintain the control over their works, so the main
idea behind copyright is to prevent others from copying the works, in whatever form that copying may take.
• The creators of the works hold the exclusive right to use or authorize others to use the work on agreed terms.
• The right which holder(s) of a work can authorize or prohibit includes:

• Its reproduction in all forms, including print form and sound recording;
• Its public performance and communication to the public;
• Its broadcasting;
• Its translation into other languages; and
• Its adaptation, such as from a novel to a screenplay for a film.
 MANY TYPES OF WORKS PROTECTED UNDER THE
LAWS OF COPYRIGHT AND RELATED RIGHTS MAY
REQUIRE MASS DISTRIBUTION AND DISSEMINATION.

• These include publications, sound recordings and films.

Hence, creators often transfer these rights to companies or Collective Management Organisations (CMO’s) better
able to develop and market the works, in return for compensation in the form of payments and/or royalties.
• The economic rights relating to copyright are of limited duration, for the life of the author and for fifty (50) years
after the authors’ death.
• Related rights enjoy shorter terms, normally 50 years after the performance, recording or broadcast.
Copyright and the protection of performers also include moral rights, meaning the right to claim authorship of a
work, and the right to oppose changes to the work that could harm the creator’s reputation.
• Rights provided for under copyright and related rights laws can be enforced by right holders through a variety of
methods, including civil action suits, administrative remedies and criminal prosecution.
Injunctions, orders requiring destruction of infringing items, inspection orders, among others, are used to
enforce these rights.
 BENEFITS OF PROTECTING COPYRIGHT
AND RELATED RIGHTS

• Copyright and related rights protection is an essential component in fostering human creativity and
innovation.
• Giving authors, artists and creators incentives in the form of recognition and fair economic reward
increases their activity and output and can also enhance the results.
• By ensuring the existence and enforceability of rights, individuals and companies can more easily invest
in the creation, development and global dissemination of their works.
• This, in turn, helps to increase access to and enhance the enjoyment of culture, knowledge and
entertainment and also stimulates economic and social development.
COPYRIGHT, RELATED RIGHTS AND
TECHNOLOGY
• The field of copyright and related rights has expanded enormously during the last several decades with the
spectacular progress of technological development that has, in turn, yielded new ways of disseminating
creations by such forms of communication as satellite broadcasting and DVDs.
• Widespread dissemination of works via the Internet raises difficult questions concerning copyright and related
rights in this global medium.
• At an international level, the World Intellectual Property Organization is involved in the ongoing debate to help
shape new standards for copyright protection in cyberspace.
• In that regard, the Organization administers the WIPO Copyright Treaty and the WIPO Performances and
Phonograms Treaty, known as the “Internet Treaties”. Trinidad and Tobago acceded to both the WIPO Copyright
Treaty and the WIPO Performances and Phonograms Treaty on November 28, 2008.
• These treaties clarify international norms aimed at preventing unauthorized access to and use of creative works
on the Internet.
PATENTS
WHAT IS A PATENT

• A Patent is an exclusive right granted for an invention, which is a product or a process that either
provides a new way of doing something, or offers a new technical solution to a problem. It provides
protection for the invention, preventing others from manufacturing, using and trading it. The owner is
required to disclose technical information to the public sufficient for persons with average skill in the art
to manufacture and use the technology.
WHAT IS AN INVENTION?

• It is a tangible, working and practical solution to a specific problem in a field of technology. This implies
that the invention must be usable in practice, in industry and cannot consist of mere recognition of
something existing or a law of nature.
WHY PROTECT AN INVENTION WITH A
PATENT?

• Necessity and barriers are essential to human creativity. Inventors and organizations put much time,
effort and resources into their inventions. Patents give inventors incentives in the form of recognition
and the opportunity for fair economic rewards. They also provide a spur to others, wishing to use a
protected technology, to find other solutions to the problem solved by a particular patent. Nearly 80%
of all new patents are improvements upon older technologies. An underlying consideration is that this is
usually part of business strategy. They are taken to generate some sort of benefit for the owner. The
patent process is expensive.
WHAT CANNOT BE PATENTED?
• Patents are open to most areas of science and technology but some areas are excluded from
patentability. These are:
• Ideas, hypotheses, discoveries (of things already existing in nature), scientific theories and mathematical
methods.
• Rules of games, lottery systems, methods for performing mental acts, teaching methods and organizational
procedures.
• Diagnostic, therapeutic and surgical methods used on the human and animal body.
• Literary, dramatic, musical or artistic works or any aesthetic creation whatsoever.
• The presentation of information.
• Inventions, the exploitation of which would be contrary to public order or morality, also cannot be patented.
INDUSTRIAL DESIGNS
WHAT IS AN INDUSTRIAL DESIGN?

• An Industrial Design is the ornamental aspect of a useful article. This ornamental aspect may be
constituted by elements, which are three-dimensional (the shape of the article) or two-dimensional
(lines, designs, patterns and colours) but must not be dictated solely or essentially by technical or
functional considerations. It is the right to protect the ornamental, non-functional features of an
Industrial Article or Product that arise from Design Activity.
• To be eligible for Industrial Design Protection in this country, Industrial Designs must be Original or
Novel and must be Registered at the Intellectual Property Office, Third Floor, Capital Plaza, 11-13
Frederick Street, Port of Spain.
WHAT KIND OF RIGHTS DOES INDUSTRIAL
DESIGN INVOLVE?

• Protection of an industrial design means that third parties not having the consent of the owner of the
protected Industrial Design are not permitted to produce copies, or what is substantially a copy, of the
protected design, when such acts are undertaken for commercial purposes.
• An Industrial Design is registrable if it is new. The rights to registration of an Industrial Design belong to
the Creator.
• For example: The shapes of many ergonomically designed pieces of furniture, tools, tool handles, boat
hulls and sunglasses are just a smattering of the many shapes around us that are protected by Industrial
Design
TRADE SECRETS
WHAT IS A TRADE SECRET?

• A Trade Secret is any information which:

• Has been kept secret
• Has commercial value
• Retains its commercial value as a result of the efforts to keep the information secret.
• The subject matter of trade secrets is usually defined in broad terms and includes sales methods,
distribution methods, consumer profiles, advertising strategies, lists of suppliers and clients, and
manufacturing processes (World Intellectual Property Organization).
HOW ARE TRADE SECRETS PROTECTED?

• Contrary to patents, trade secrets are protected without registration, that is, trade secrets are protected
without any procedural formalities. Consequently, a trade secret can be protected for an unlimited
period of time (World Intellectual Property Organization).
• The unauthorized disclosure of a Trade Secret constitutes an act of unfair competition under the
Protection Against Unfair Competition Act, 1996.
INTEGRATED CIRCUITS
WHAT IS AN INTEGRATED CIRCUIT?

• An integrated circuit is a miniature electrical circuit containing electronic devices, some or all of the
devices and interconnections of which are embedded in or on a piece of material, usually a semi-
conductor material e.g. silicon.
HOW CAN THE LAYOUT DESIGN OF AN
INTEGRATED CIRCUIT BE PROTECTED?
• Patents can protect integrated circuits themselves. In fact the first integrated circuit patent was given to
Robert Noyce of Fairfield Electronics by the United States patent office on April 25, 1961. But the layout
design is unlikely to meet the criteria required for a patent.
• The importance of layout designs, the cost of research to develop a new and useful design, and
particularly the ease with which a new design can be copied, prompted the development of its own
form of legal protection as an intellectual property right.
• In Trinidad and Tobago this right is given under the Layout Designs (Topographies) of Integrated Circuits
Act (Act No. 19 of 1996) proclaimed on 1 December, 1997. To qualify for protection a layout design must
be original and must not have been exploited anywhere in the world more than two years before the
date of the application for protection.
WHEN IS A LAYOUT DESIGN CONSIDERED
TO BE ORIGINAL?

• A layout design is considered original if it is the result of the creators own intellectual effort and if it is
not commonplace among creators of layout designs and manufacturers of integrated circuits at the time
of its creation.
WHAT IS THE EFFECT OF PROTECTION OF
A LAYOUT DESIGN?

• A layout-design protected in Trinidad and Tobago, an integrated circuit in which the protected layout-
design is incorporated or an article incorporating such an integrated circuit or layout-design may not be
reproduced, imported, sold or otherwise distributed for commercial purposes in Trinidad and Tobago
without the authorization of the right holder.
ARE THERE EXCEPTIONS?

• Yes, several. For example, the effect of protection does not extend to reproduction of the protected
layout-design for private purposes, evaluation, analysis, research or teaching.
• It also does not apply if the person carrying out the unauthorized act did not know, and had no
reasonable grounds to know, that the integrated circuit or article concerned incorporated an unlawfully
reproduced layout-design.
HOW LONG DOES THE PROTECTION OF A
LAYOUT DESIGN LAST?

• The protection lasts until the end of the tenth calendar year after the commencement of protection.
Protection begins on the date of the first commercial exploitation, anywhere in the world, of the layout-
design by or with the consent of the right-holder, provided that the application has been submitted
within two years of such exploitation.
GEOGRAPHICAL INDICATIONS
WHAT IS A GEOGRAPHICAL INDICATION?

• A geographical indication (GI) is any sign or symbol that identifies goods as emanating from any specific
region or location of a country that gives the goods its known quality, reputation or characteristics that
are essentially attributable to that region or locality.
• An application for the registration of a GI must be submitted on the prescribed application form (Form
1).
WHAT ARE THE THREE (3) REASONS WHY
GOODS GAIN THE STATUS OF A GI?

• Goods can only gain GI’s status because they retain;

• A known Quality;
• Specific Characteristics; or
• A Reputation – that is essentially attributable to the region or locality from which the goods originate.
WHAT TYPES OF PRODUCTS MAY BE
CONSIDERED GI’S?

• Geographical Indications may be used for a wide variety of products, whether natural, agricultural or
manufactured. Various agricultural products retain qualities derived from their place of origin and are
influenced by specific local factors, such as climate and soil. It is important that the product derives its
qualities and reputation from that place. Some examples of GIs are Champagne, Scotch Whiskey,
Parmesan Cheese and Swiss Watches.
ARE GI’S LIMITED TO AGRICULTURAL
PRODUCTS?

• No. The use of GIs is not limited to agricultural products because GIs may also highlight qualities of a
product which are due to human factors associated with the place of origin of the products, such as
specific manufacturing skills and traditions. A very good example of this is Swiss Watches. The term
SWISS or SWISS MADE for watches is commonly understood as referring to high quality watches
manufactured in Switzerland. As stated on the Federation of the Swiss Watch Industry’s website, the
understanding is that “Swiss quality for watches depends on the amount of work actually carried out in
Switzerland even if some foreign components are used in it.”
 CAN YOU NAME SOME GI’S FROM AROUND
THE WORLD?
• There are various examples of GI’s from around the world. The more popular ones include:
Parmesan Cheese and Parma Ham (named after the producing areas nearParma, Italy)
• Roquefort Cheese (Roquefort des Corbières a village located in the south of France)
• Cuban Cigars (Rolled from tobacco leaves found throughout Cuba)
• Champagne (produced from grapes grown in the Champagne region of France)
• Cognac (named after the town of Cognacin France)
• Scotch Whisky (malt whisky or grain whisky made inScotland)
• Tequila (made from the blue agave plant, primarily from the city of Tequila, Mexico)
• Sherry (made from white grapes that are grown near the town of Jerez, Spain (the word “Sherry” is the English version of the Spanish
Jerez)
• Colombian Coffee (The coffee produced in Colombia has been recognized worldwide as having high quality and distinctive taste because
of the region and its climate)
• Florida Oranges (It is said that the soil, climate and process of producing Florida oranges is distinct)
• Idaho Potatoes (The weather and elevation in the state of Idaho, America makes conditions ideal for growing potatoes.).
NEW PLANT VARIETIES
WHAT IS A NEW PLANT VARIETY?

• A new plant variety refers to a previously known group of plants that can be consistently distinguished
from any other similar group of plants, generation after generation. These new plants are not
discovered in the wild, but are the result of human plant breeding efforts
HOW CAN A NEW VARIETY BE PROTECTED?

• A new variety can be protected by giving the plant breeder the legal right to exclude anyone who does
not have his permission from producing for the purpose of marketing, offering for sale or marketing his
new variety. This legal right is often called a plant breeder’s right.
• In Trinidad and Tobago this right is given under the Protection of New Varieties of Plants Act (Act No. 10
of 1997). To qualify for protection a variety must be new, distinct, uniform, stable and have an original
variety denomination.
BIBLIOGRAPHY

• http://ipo.gov.tt/types-of-ip/