WORLD TRADE
ORGANIZATIONIP/N/6/TTO/1
13 April 2000
(00-1477)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
CHECKLIST OF ISSUES ON ENFORCEMENT1
Responses from Trinidad and Tobago
Introductory Remarks
As a former British colony, Trinidad and Tobago inherited its legal system from the United
Kingdom.  Consequently, Trinidad and Tobago has a "Common Law" legal system as opposed to a
civil law legal system.
The system for the enforcement of all rights in general is provided through a combination of
legislation and the Common Law.  Intellectual property rights in Trinidad and Tobago are private
rights and consequently the onus of enforcing those rights lies with the right holder.
Civil and Administrative Procedures and Remedies
(a) Civil judicial procedures and remedies
1. Specify the courts which have jurisdiction over IPR infringement cases.
The Supreme Court of Judicature (comprised of  the High Court of Justice and the Court of
Appeal) with a final appeal to the Judicial Committee of the Privy Council.
2. Which persons have standing to assert IPRs?  How may they be represented?  Are there
requirements for mandatory personal appearances before the court by the right holder?
Which persons have standing to assert IPRs?
The proprietor of the intellectual property right or a licensee may assert his right in the
intellectual property right through civil proceedings.  In the case of trademarks, patents, industrial
designs and layout-designs of integrated circuits, the registered proprietor of the right or the
"registered licensee" may assert that right.  In the case of copyright, neighbouring rights and
protection of secret information, the proprietor of the intellectual property right may assert the right.There is no system of registration of the latter category of intellectual property rights.
In relation to enforcement of copyright and neighbouring rights, proceedings may be brought
by anyone claiming to be the owner either as a result of creation, of subsequent operation of the law,
or by virtue of assignment or other transmission of the right(s).  Such enforcement proceedings can
also be brought (except against the owner) by an exclusive licensee.
                                                     
1 Document IP/C/5.IP/N/6/TTO/1
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In the case of trademarks, patents, industrial designs and integrated circuits, and plant
breeders' rights, the proprietor of the intellectual property right must be recorded on the Register.  In
the case of geographical indications, any interested person and any interested group of producers or
consumers may institute proceedings in the court to prevent any unlawful act.
Unregistered trademarks are enforced by a "passing off" action under Common Law in which
the plaintiff must show that the defendant has misa ppropriated some part of the plaintiff's "goodwill".
How may they be represented?
Before the Supreme Court, a natural person may appear in person, but a corporate entity must
be represented by an Attorney-at-Law entit led to practise in Trinidad and Tobago.
Are there any requirements for mandatory personal appearances before a court by the right
holder?
There are no such requirements.
3. What authority do the judicial authorities h ave to order, at the request of an opposing
party, a party to a proceeding to produce evidence that lies within its control?
The courts have the authority to order the production of documents in court by virtue of The
Rules of Court.  In Trinidad and Tobago, a party to litigation has an obligation (either automatically or
upon order of the court) to give "discovery" of such documents which it may have in its custody,
possession or power which relate to the issues in the litigation proceedings.  This involves first
producing a list of such documents and then the opposing party has the power to inspect and take
copies of those documents, save where legal or professional privilege is properly claimed, forexample in relation to communications relating to legal advice or the preparation of witness
statements.  Any breach of this discovery obligation leaves the defaulting party at risk of having his
statement of claim or defence struck out.
There is also the power of the court to make orders at the start of proceedings for the
protection of evidence in those proceedings if there is a legitimate fear of such evidence being
destroyed.  See answer to question 10, on Anton Piller Orders.
4. What means exist to identify and protect confidential information brought forward as
evidence?
There are no statutory directives given to the court regarding confidentiality and it is entirely
in the court's discretion as to how they will deal  with confidential information brought forward as
evidence.  The onus lies on the party claiming confidentiality of information to apply to the court for
directions as to confidentiality.  If in the exer cise of its discretion, the court determined that the
confidentiality of that information needed protecting, it would order terms and conditions for its
protection.
The courts in Trinidad and Tobago normally hold  the substantive trial of litigation in a court
open to members of the public (including journalists).  However, some of the preliminary proceedings
may be held "in chambers", that is in a court closed  to the public.  The court also has the power to sit
"in camera", that is in closed session, where it is satisfied that it is necessary to do so to protectlegitimate secret information.IP/N/6/TTO/1
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5. Describe the remedies that may be ordered by the judicial authorities and criteria,
legislative or jurisprudential, for their use ;
- injunctions;
- damages, including recovery of profits, and expenses, including attorney's fees;- destruction or other disposal of infringing goods and materials/implements for
their production;
- any other remedies.
Injunctions
Under their general jurisdiction and under the provisions of the various intellectual property
laws, the courts may grant relief for infringement in the form of an interlocutory (that is interim) or
permanent injunction and, at the option of the plaintiff, either damages or an account of profits.
Under their general jurisdiction the courts have th e powers to order an unsuccessful party to pay the
costs of the successful party.
The courts apply the rule that they may gran t an interlocutory injunction if the court is
satisfied that there is a serious issue to be tried, if the risk of damage to the plaintiff if the injunction is
not granted will not be compensated by an order for damages, provided that the plaintiff gives an
undertaking to compensate the defendant if the injunc tion is later found by the court to be unjustified.
A permanent injunction may be granted where the plaintiff establishes infringement.
Damages, recovery of profits and expenses, including attorney's fees
Under their general jurisdiction and under the provisions of the various intellectual property
laws, the courts have wide powers to award damages for infringement, or if the plaintiff prefers, anaccount of profits.  Under the Copyright Act, the plaintiff can be awarded damages in the case of
innocent infringement but the quantum of damages will take into account the fact that the
infringement was innocent.  Damages usually include the recovery of commercial losses associated
with the infringement and an award of damages would normally be accompanied by an order for
payment of legal costs incurred by the successful party in the case.
As to the expenses and attorney's fees, it is the practice in Trinidad and Tobago to order that
costs be taxed if not otherwise agreed.  Under such  order the successful party will normally recover a
sum corresponding to the reasonable sums which were reasonably expended in the litigation
(including court costs and attorney's fees).  If th ese cannot be agreed between the parties, such costs
are assessed by the Registrar.  However, as a party will normally spend more money on a case than
the Registrar will consider reasonable, and as the Registrar will disallow all claimed costs for whichthere are not sufficient evidence of how the costs have  been incurred and of receipts for expenditure, a
successful party will, in actuality, probably recover only two-thirds of its actual costs.  Where the
court considers that litigation (or a single issue in it) was brought unreasonably, it can make an order
for the costs thereof to be assessed on an "indemn ity basis".  Under this basis the party's costs are
assessed as its total costs other than those which were unreasonably incurred.
Destruction or other disposal of infringing goods and materials/implements for their
production
The courts have an inherent jurisdiction to order defendants to deliver up infringing goods
and copies as well as materials/implements for their production.  Provisions of the Copyright Act and
the Trade Marks Act allow for the seizure of infringing goods or copies, and, in the case of the
Copyright Act, the equipment used for making them, and delivery of the goods, copies or equipment
to the right owner, the exclusive licensee or the performer, or their destruction.  There is also a
provision for disposal of forfeited goods or copies by the Customs authority.  The Trademarks ActIP/N/6/TTO/1
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makes it an offence to manufacture or possess a die, etc., for use in the commission of a trademark
offence.
The Trade Marks Act provides for the court to direct the disposal of counterfeit goods which
have been seized by the Customs authorities.  Unde r the Copyright Act, if the court directs that copies
are forfeited to the State, the copies must be disposed of as prescribed by regulations.
For patent infringement, a court has statutory power to make an order for the infringer "to
deliver up or destroy any patented product in relation to which the patent has been infringed or any
article in which that product is inextricably comprised".
For infringement of a registered trademark, the court may order the offending sign to be
erased, removed or obliterated from infringing goods, material or articles in the possession, custody or
control of the infringer;  or for such goods, materials or articles to be delivered up to the trademark
proprietor, and the court can then order their destruction.
For infringement of copyright or neighbouring rights, the court may (as a part of its inherent
powers) similarly order delivery up of infringing works in the custody of the defendant.  In addition,
orders for delivery up and subsequent destruction of infringing goods are also available as part of the
criminal procedure for copyright infringe ment (see answer to question 24 below).
The court likewise has inherent powers to make orders for delivery up, or destruction, of
articles coming into existence for the purposes of "passing off" or as a result of knowingly acting in
breach of confidence.
Any other remedies
As an alternative to an award of damages, the owner of copyright or neighbouring rights, a
patent or a new plant variety, upon a find of infrin gement of his rights, may elect to seek, instead of
damages, an "account of profits".  This requires the court to assess the profits which the infringer has
made as a result of his infringing acts and to pay these over to the right holder.
6. In what circumstances, if any, do judicial authorities have the authority to order the
infringer to inform the right holder of the identity of third persons involved in theproduction and distribution of the goods of services found to be infringing and of their
channels of distribution?
It is within the inherent powers of the courts of Trinidad and Tobago to make such orders,
even (in an appropriate case) prior to a finding of infringement.  The courts will routinely order aninfringer to provide information which identifies th ose who have supplied to him infringing articles,
and also those who have supplied particular means by which these have been made, provided in this
latter case that such means were supplied with knowledge, or a reasonable belief, that such would be
used in infringing acts.
7. Describe provisions relating to the indemnification of defendants wrongfully enjoined.
To what extent are public authorities and/or officials liable in such a situation and what
"remedial measures" are applicable to them?
Describe provisions relating to the indemnification of defendants wrongfully enjoined
An interlocutory injunction will only be ordered by a court on the basis of the plaintiff giving
to the court an undertaking that, if the defendant is subsequently found to have been wrongfully
enjoined, the plaintiff will pay damages therefor to the defendant.  The court can require security for
such an undertaking to be given, by way of a deposit of money in the court's funds or by providing aIP/N/6/TTO/1
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guarantee from a bank or other reliable source of funds, and will normally do so in the case of a
plaintiff resident outside the jurisdiction.
To what extent are public authorities and/or officials liable in such a situation and what
"remedial measures" are applicable to them?
The judges in the courts of Trinidad and Tobago are under the common law immune from
litigation in the event that their decisions may subsequently be overturned, either by an appellate
court, or by a court in another case reaching a different conclusion.
The Controller is generally immune from liability resulting from the performance of his
statutory duties.
8. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
Describe provisions governing the length and cost of proceedings
There are no such provisions in the laws of Trinidad and Tobago.  The Rules of Court
stipulate periods for dealing with various pre-trial matters, which periods can usually be extended by
agreement between the parties, without application to  the court.  However, at any stage, a party may
apply to the court for a specific order that the litigation against the defaulting party be dismissed or foran order requiring the opposing party to take some step within a defined period, failing which the
litigation should automatically be determined against that party.
Before the substantive trial takes place, there will be many and varied pre-trial procedures
which the parties may be required or choose to employ.  There is first a formal exchange of pleadingswhich sets out the allegations made against a party and the defences which the opposing party
proposes to raise against these.  These pleadings do not set out to enumerate the detailed facts which
will have to be established if the allegations are to succeed at the eventual trial.  A party may at this
time make admissions which reduces the issues in contention and there then follows the discovery of
documents which relate to the determination of those live issues, for which see answer to question 3
above.  When these pre-trial procedures are judged to be complete, the case may be "set down" for
trial.
Provide any available data on the actual duration of proceedings and their cost
There is no useful data available since the duration and cost of proceedings for enforcement
of intellectual property rights depend on the complexity of the particular case and whether (and if soat what stage) settlement is reached before the trial of the substantive issues.
(b) Administrative procedures and remedies
9. Reply to the above questions in relation to any administrative procedures on the merits
and remedies that may result from these procedures.
Trinidad and Tobago's intellectual property right legislation does not have provisions for
administrative procedures that deal with infringement.  Administrative determinations are related to
registration rather than infringement.IP/N/6/TTO/1
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Provisional Measures
(a) Judicial measures
10. Describe the types of provisional measures that judicial authorities may order, and the
legal basis for such authority.
Under the Common Law system the court has the following powers:
- The High Court has power to adjudicate upon enforcement of intellectual property
rights and can take provisional measures before full trial on the merits of a case,
including the grant of interim or preliminary injunctions called interlocutoryinjunctions.
- The court may also grant relief of the type known as Anton Piller  order after the case
in which this relief was first made.  Under this order, the defendant is required to
admit to its premises, as named in the order, persons named in the order andsupervised by an independent attorney to search for and take into custody any
document and things of the type specified in the order in order to preserve such as
evidence for a trial.  The defendant is also usually enjoined from activity likely to be
an infringement of the stated intellectual property right and is required to make an
affidavit disclosing the source of the articles which have already left the premises.
- The courts can also grant what is called a Mareva  injunction, again after the case in
which it was first made.  This is an order for the blocking of bank account, and other
assets of the defendant pending review of these by the court.
- A further provisional measure, rarely applied, is the issue of the writ ne exeat regno.
Under this, a party is forbidden to leave the country until further order of the court.
As with the Mareva injunction, this writ will normally only be used when it is feared
that a defendant will leave the jurisdiction of the court before damages awarded by
the court have been paid.
- Yet a further provisional measure, is an application to the court for an interim award
of damages.  To obtain this, the plaintiff must show to the court that it is likely that at
full trial the court will award substantial damages and that, pending the assessment of
these at trial, it is just that there should  be an interim payment.  The court may make
it a condition of such payment that the defendant will take steps to preserve the sum
for reparation (with interest) should the court at trial award the plaintiff no damages,or a lesser sum than the interim payment.
11. In what circumstances may such measures be ordered inaudita altera  parte ?
In cases of exceptional urgency, the High Court will order an injunction on an ex parte  basis,
that is inaudita altera parte .  However, this will only be done when the court is of the opinion that an
immediate injunction is necessary because otherwise the plaintiff is likely to suffer extreme and
irremediable harm.  Ex parte  injunctions are granted to the plaintiff for a matter of days only, the
plaintiff must then return to the court at a time when the defendant can also be present and then seek a
renewal of the injunction on the grounds set out in the answer to question 10 above.  Some of theother types of provisional relief such as Anton Piller and Mareva orders are normally made on an
ex parte  basis in order to surprise the defendant and thereby prevent it from taking steps to evade the
relief ultimately to be awarded by the court.IP/N/6/TTO/1
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12. Describe the main procedures for the init iation, ordering and maintenance in force of
provisional measures, in particular relevant time-limits and safeguards to protect the
legitimate interests of the defendant.
Usually the plaintiff is required to institute the action by filing a writ of summons before
applying for provisional measures.  In cases of extreme urgency, an ex parte  injunction may be
granted, upon an undertaking by an intended plaintiff to file the writ of summons at the earliest
possible opportunity.  Indeed an ex parte  injunction may issue, upon the mere production to the Judge
of the infringing item, upon Counsel's undertaking to put the supporting evidence of infringement on
oath, at the earliest possible opportunity.
Strict guidelines will be given by the Judge granting ex parte  injunction for the "return
hearing" when the defendant will be afforded an opportunity to be heard.  On the return hearing the
general principles governing interlocutory injunctions will be applied and also key measures in
affording protection to the defendant against damages that he may incur in the event that the
provisional measure is proved to be unjustified.  These could include undertakings by the plaintiff
supported by bond to secure the payment of damages or less commonly ba a payment of money intocourt.
13. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
Describe provisions governing the length and cost of proceedings
Under the laws of Trinidad and Tobago there are no provisions which govern the length or
costs of proceedings for provisional measures.  Provided that a request for provisional measures is
made promptly, the court will then stipulate a timet able for further procedure and a hearing date will
be fixed.
As provisional relief is usually requested because of the threat of imminent damage to the
interests of the plaintiff, the court will expedite the timetable in an appropriate way according to the
perceived need for immediate relief.  The appeal courts will likewise act with great expedition when it
is perceived that this is necessary in the public interest.
The normal rules with respect to costs explained in the answer to question 5 above also apply
to applications for provisional measures.  Howeve r, the usual order for costs awarded in respect of
applications for provisional relief is that these only take effect at the end of the substantive trial,
though the court can make an order for "costs to be taxed and paid forthwith".
Provide any available data on the actual duration of proceedings and their cost
Refer to the previous answer.
(b) Administrative measures
14. Reply to the above questions in relation to any administrative provisional measures.
There are no provisions in the laws of Trinidad and Tobago whereby provisional relief can be
given by an administrative body, save as regards "border measures" discussed in the answers toquestions 15-19 below.IP/N/6/TTO/1
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Special Requirements Related to Border Measures
15. Indicate for which goods it is possible to apply for the suspension by the customs
authorities of the release into free circulat ion, in particular whether these procedures
are available also in respect of goods which involve infringements of intellectualproperty rights other than counterfeit trademark or pirated copyright goods as defined
in the TRIPS Agreement (footnote to Article 51).  Specify, together with relevant
criteria, any imports excluded from the application of such procedures (such as goods
from another member of a customs union, goods in transit or de minimis imports ).  Do
the procedures apply to imports of goods put on the market in another country by or
with the consent of the right holder a nd to goods destined for exportation?
Indicate for which goods it is possible to apply for the suspension by the customs authorities
of the release into free circulation, in particular whether these procedures are available also in
respect of goods which involve infringements of intellectual property rights other than
counterfeit trademark or pirated copyright goods as defined in the TRIPS Agreement
(footnote to Article 51)
Under the inherent jurisdiction of the High C ourt, under Common Law, procedures exist that
enable a right holder who has valid grounds for suspecting that the importation of goods infringe any
intellectual property right (i.e. rights in respect of copyright and related rights, trademarks,
geographical indications, industrial designs, patents and layout-designs of integrated circuits) to applyto the Court for an order for the suspension by the Customs authorities of the release into free
circulation of such goods.  The existing judicial procedures cover the evidence required to be
furnished, security or equivalent assurance, notice to all interested persons, duration of suspension,
indemnification of the importer and of the owner of the goods (and all other persons entitled to
indemnification) and right of inspection and information.
In addition to the procedures mentioned and referred to above, and in the answers to
questions 5 and 10, the procedures set out below exist in Trinidad and Tobago.
Section 48 of the Copyright Act 1997 allows the Trinidad and Tobago Customs and Excise to
seize imported copies of published copyright material if a notice of objection to importation of the
copies has been given to the Comptroller of Customs and Excise.  The material that must be subject ofsuch copies is published works or sound recordings.  Three copies imported for personal use only by a
natural person are exempt from seizure.
Section 71 of the Trade Marks Act allows the Trinidad and Tobago Customs and Excise to
seize infringing trademark goods imported into Trinidad and Tobago in respect of which a notice ofobjection has been filed with the Comptroller of Customs and Excise under section 71(A) by the
registered owner of a registered trademark.  Importation by a natural person for his personal use of not
more than five of the same items bearing a registered mark in respect of which notice has been given
shall be permitted, except that the Comptroller has a discretion to permit importation of a greater
number of items if satisfied that they are for the personal use of that natural person.  Where theinfringing goods have applied to them or in relation to them a mark that in the opinion of the
comptroller is substantively identical with or deceptively similar to the notified trademark and are
goods in respect of which the notified trademark is registered or for similar or related goods, the
Comptroller shall seize the goods unless he is satisfied that there are no reasonable grounds for
believing that there is an infringement.IP/N/6/TTO/1
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Specify, together with relevant criteria, any imports excluded from the application of such
procedures (such as goods from another memb er of a customs union, goods in transit or de
minimis imports ).  Do the procedures apply to imports of goods put on the market in another
country by or with the consent of the right holder and to goods destined for exportation?
The Copyright Act allows for the interdiction of such goods where their importation is
prohibited by the copyright owner.  See the answer  given to question 15 above.  As to the import of
goods put on the market in another country, the Patents Act and Industrial Designs Act provide
expressly for national exhaustion.  The Trade Marks Act and the Layout-Designs Act do not contain
an express provision on the level of exhaustion.
16. Provide a description of the main elements of the procedures relating to the suspension
of the release of goods by customs authoritie s, in particular the competent authorities
(Article 51), the requirements for an application (Article 52) and various requirements
related to the duration of suspension (Artic le 55).  How have Articles 53 (security or
equivalent assurance), 56 (indemnification of the importer and of the owner of the
goods) and 57 (right of inspection and information) been implemented?
Under section 71 of the Trade Marks Act and section 48 of the Copyright Act, the competent
authority to suspend the release of the goods is the Comptroller of Customs and Excise.
To initiate the seizure of copies or counterfeit goods, the copyright owner, exclusive licensee
or the trademark owner, or authorised user must provide a written notice of objection to importation to
the Comptroller of Customs together with any prescribed documents.  A notice remains in force for
two years from the day on which the notice is given.  The Comptroller may not seize copies or goods
unless the copyright owner, exclusive licensee or th e trademark owner or authorised user provides a
security to cover the expense that may be incurred by the Comptroller.
Under the Trade Marks Act, the Comptroller may seize infringing goods which are
manufactured outside Trinidad and Tobago and imported into Trinidad and Tobago and which are
subject to the control of the Customs and Excise under the Customs Act.  Similarly, under the
Copyright Act, the Comptroller may seize copies if a written notice of objection has been given to the
Comptroller, and if the copies are imported into Trinidad and Tobago for trade or some other purpose
which will prejudicially affect the owner of copyright or neighbouring rights.  If goods have atrademark that, in the opinion of the Comptroller, is  identical with, or deceptively similar to, a notified
trademark and are goods in a class for which the trademark is registered the Comptroller must seize
the goods unless satisfied that there are no reasonable grounds for believing that infringement has
occurred.
Once goods or copies have been seized, the Comptroller must give notice of the seizure, to
the objector and the importer or owner, which notice identifies the copies or goods.
Under the Trade Marks Act, the notice must also state that the goods or copies will be
released to the designated owner or importer unless the objector brings an action for infringement, andgives to the Comptroller notice in writing of the act ion, within ten (10) working days after the notice,
or, if the Comptroller extends that period, within the extended period.
Under section 71(L) of the Trade Marks Act, if goods are seized and the Comptroller is
satisfied that the use of a trademark is fraudulent, the Comptroller may ask the importer of the goods,or an agent of the importer, to produce any document relating to the goods, and give information
about the name and address of the person by whom the goods were consigned to Trinidad and
Tobago, and the name and address of the person in Trinidad and Tobago to whom the goods were
consigned.  Failure to comply with the request is an offence punishable, on conviction, by
imprisonment for a period not exceeding six months.IP/N/6/TTO/1
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If an infringement action has not been started within the required time the Comptroller must
release the seized copies or goods to their importe r or designated owner.  Under the Trade Marks Act
and the Copyright (Customs) Regulations 2000, the Comptroller shall release the seized goods to their
designated owner at any time before the end of the action period, if new information has come to handafter the seizure which demonstrates that there are no reasonable grounds for believing that the
notified trademark or pirated copies were infringed and no action for infringement has been brought
by the objector.  Under the Copyright Act, the Comptroller may permit the objector and the
designated owner sufficient opportunity to inspect and remove a sample of the seized copies.  Under
the Trade Marks Act the Comptroller may permit the objector and the designated owner sufficient
opportunity to inspect the seized goods for the purposes of substantiating any claim.
In deciding the infringement case, the court may order that the seized copies or goods be
released to their importer or designated owner subjec t to conditions (if any) that the court considers fit
to impose, or it may order that the seized goods be forfeited to the State.  Under the Trade Marks Act,
if the court decides that there was no infringement  and the designated owner, or defendant to the
infringement action, suffers loss or damage, the objector may be ordered to pay compensation.
17. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.  How long is the validity of
decisions by the competent authorities for the suspension of the release of goods into free
circulation?
Describe provisions governing the length and cost of proceedings.  Provide any available data
on the actual duration of proceedings and their cost
The Trade Marks Act makes provision for border measures as outlined above, but there are no
regulations to implement these provisions.  The relevant regulations under the Copyright Act only
came into force on 14 February 2000 and so there has been insufficient time to provide data.
However, as mentioned above, under the Common Law system, judicial measures may be
applied in border situations and in this regard the answer to question 8 above, is applicable.
How long is the validity of decisions by the competent authorities for the suspension of the
release of goods into free circulation?
Once the person who has given the notice to the Comptroller has received the notice of
suspension of release of goods, he must bring an action for infringement in relation to the seized
copies or goods, and give notice of it to the Comptroller within ten working days of the notice fromthe Comptroller, unless an extension has been obtained.  The extension cannot exceed ten working
days.  The copyright owner must bring an action fo r infringement within the time specified in the
notice or the time limited for bringing an action for infringement whichever is earlier.
Under the Trade Marks Act if, three weeks after the action was brought, there is no order of
the court preventing the release of the seized copi es or goods, then they must be released by the
Comptroller.  If an infringement action is comm enced, the court may order the release of the seized
copies or goods at any time it sees fit.IP/N/6/TTO/1
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18. Are competent authorities required to act upon  their own initiative and, if so, in what
circumstances?  Are there any special provisions applicable to ex officio  action?
Are competent authorities required to act upon their own initiative and, if so, in what
circumstances?
There is no provision requiring ex officio  action by Customs authorities.  All actions must be
initiated by the copyright owner or exclusive licen see or by the owner (or in some circumstances an
authorised user of a trademark) of the industrial property right.  Under the Copyright Act, copies may
only be seized if the copyright/neighbouring rights owner or exclusive licensee gives a notice of
objection to the importation of the copies.  Under the Trade Marks Act, the Comptroller may only
seize goods if the goods bear a mark identical or similar to a trademark in relation to which a notice ofobjection has been given.
Are there any special provisions applicable to ex officio  action?
No, there are no such provisions.
19. Describe the remedies that the competent authorities have the authority to order and
any criteria regulating their use.
The Customs authority is not empowered to order remedies for infringement.  They can seize
infringing copies of counterfeit goods and dispose of those copies or goods if they are forfeited by the
importer (Copyright Act) or by a decision of the c ourt.  All remedies are decided by the courts.
Criminal Procedures
20. Specify the courts which have jurisdiction over criminal acts of infringement of IPRs.
The Magistrates' Court, in respect of summary offences, the Criminal Assizes, in respect of
indictable offences and (on appeal) the Court of Appeal have jurisdiction over criminal acts of
infringement and final appeal lies to the Judicial Committee of the Privy Council.
21. In respect of which infringements of which intellectual property rights are criminal
procedures and penalties available?
An offence of trademark infringement is committed under section 66A of the Trade Marks
Act.  The detailed provisions of this enactment can be summarised as applying when there has been
unauthorised use of a registered trademark (or of a mark likely to be mistaken for such a mark) byway of application of such mark to goods or to their packaging, or by the sale, possession, custody or
control of such goods, or where such mark, or where a person has possession, custody or control of
such goods, or where such mark is applied to labeling or packaging of goods, or used in a business
paper or in advertising in relation to goods, provided in each case that the action has been taken "with
a view to gain for himself or another, or with inte nt to cause loss to another" and, anyway, without the
consent of the proprietor.
These offences are also extended to possession, custody or control of material for use in
labeling, packaging or advertising goods bearing such a mark, and to the making, possession, custody
or control of articles specifically designed or adapted for making copies of such mark, provided ineach such case that the activity has been "in the course of business".IP/N/6/TTO/1
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However, no offence is committed under these summarised provisions unless the goods in
question are goods for which the mark is registered or unless the trademark has such a reputation in
Trinidad and Tobago that its unauthorised use would take unfair advantage of, or be detrimental to,
the distinctive character or the repute of the trademark, and also where the defendant is able to show
that he believed on reasonable grounds that his actions did not involve a (civil) infringement of thetrademark registration.
An offence of infringement of copyright or neighbouring rights is committed under the
provisions of section 41 of the Copyright Act 1997.  Under this provision, an infringement of any
right protected under the Act for profit-making purposes committed by a defendant who "knows or
has reason to believe" that he is infringing is an offence.
Under section 22(3) of the Industrial Designs Act the performance, intentionally, of any act
under section 9(2) including making, selling, importing for commercial purposes, constitutes an
offence.
Under section 5(1) of the Layout-Designs (Topographies) of Integrated Circuits Act, the
performance, knowingly, of any act under section 6, making, reproducing, importing, selling or
otherwise distributing for commercial purposes, constitutes an offence.
There are criminal proceedings prescribed unde r section 38 of the Protection of New Plant
Varieties Act for wilful non-compliance or misuse of variety denomination.
22. Which public authorities are responsible fo r initiating criminal proceedings? Are they
required to do this on their own initiative and/or in response to complaints?
The Trinidad and Tobago Police are responsible for investigating suspected offences under
any legislation creating criminal offences  This will include intellectual property legislation, whether
or not complaints have been received.  The decision on whether to prosecute for a suspected offence
is a matter for the Director of Public Prosecutions.  In practice, most police action results from
complaints and information received.  This does not preclude a private prosecution for these offences
(see the answer to question 23 below).
23. Do private persons have standing to initiate criminal proceedings and, if so, who?
Yes, a prosecution can be brought by any person or body having a sufficient personal or
public reason for seeking enforcement of the criminal law.  However, a fiat to prosecute must be
obtained from the Director of Public Prosecutions.
24. Specify, by category of IPR and type of infringement where necessary, the penalties and
other remedies that may be imposed:
- imprisonment;
- monetary fines;- seizure, forfeiture and destruction of infringing goods and materials and
implements for their production;
- other.
COPYRIGHT:  under section 41 of the Copyright Act, the penalty for infringement for profit-
making purposes by a person knowing or having reason to believe that he is committing an
infringement, in summary conviction is a fine of TT$100,000 and to ten years imprisonment.  The
Magistrate can increase the penalty to TT$200,000 for a new act of infringement within five years of
a previous conviction for infringement.IP/N/6/TTO/1
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Where there has been no decision on such remedies in civil proceedings, the Magistrate has
the authority to order the impounding of suspected copies of works on sound recordings, as well as
the packaging of the implements that could be used for the making of, and the documents, accounts or
business papers referring to such copies;  to order the forfeiture and seizure of all copies of works or
sound recordings manufactured, reproduced, distributed, sold or otherwise used, intended for use orpossessed with intent to use in contravention of the rights of the owner and all plates, moulds,
masters, tapes, film negatives or other articles by means of which such copies of works or sound
recordings may be reproduced and all electronic, mechanical or other devices for manufacturing,
reproducing or assembling such copies of works or sound recordings;  to order the destruction or other
reasonable disposition of infringing copies and their packaging outside the channels of commerce;
where there is danger that implements may be used to commit or continue to commit acts of
infringements, to order their destruction or reasonable disposition outside the channels of commerce.
Where an offence under section 41 committed by a body corporate is proved to have been
committed with the consent or connivance or attributable to neglect on the part of any director,
manager, secretary or person purporting to act in any such capacity, he as well as the body corporate
is guilty and liable to the above penalties.
TRADEMARKS:  under section 66(A)(1) of the Trade Marks Act it is an offence for a person
to apply to goods or their packaging a mark identi cal to, or likely to be mistaken for, a registered
trademark, sell or let for hire, offer or expose for sale or hire or distribute goods which bear or the
packaging of which bears such a mark, has in his possession, custody or control in the course of abusiness any such goods with a view to the doing of anything by himself or another which would be
an offence as mentioned above.
Under subsection (2) it is an offence for a pe rson to, with a view to gain for himself or
another, or with intent to cause loss to another, and without the consent of the proprietor to apply amark identical to, or likely to be mistaken for, a registered trademark, for labeling or packaging
goods, advertising goods or as a business paper in relation to goods;  or uses in the course of business
material bearing such a mark for labeling or packaging goods, as a business paper in relation to goods,
or for advertising goods;  or has in his possession, custody or control in the course of a business any
such material with a view to the doing of anything, by himself or another which would be an offence
mentioned above.
Subsection (3) makes it an offence for a pers on who, with a view to gain for himself or
another, or with intent to cause loss to another and without the consent of the proprietor to make an
article specifically designed or adapted for making copies of a mark identical to, or likely to be
mistaken for, a registered trademark;  or has such an article in his possession, custody or control in the
course of business;  knowing or having reason to believe that it has been, or is to be, used to producegoods, or material for labeling or packaging goods, as a business paper in relation to goods, or for
advertising goods.
The court has power to forfeit counterfeit goods on the application of a person under the
section.  On such forfeiture, the court can order the destruction of any such goods;  or cause theoffending sign to be erased or obliterated and make an order for costs.
Where an offence under this Act is proved to have been committed with the consent or
connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or
other similar officer of the body corporate or any person purporting to act in any such capacity, he aswell as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against
and punished accordingly.
PATENTS:  there is no provision for infringement of patents to be treated as criminal offence.IP/N/6/TTO/1
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INDUSTRIAL DESIGNS:  section 23(3) of the Indus trial Designs Act provides that it is an
offence for any person to intentionally perform an act which constitutes an infringement under the
Act.  The penalty on summary conviction is a fine of TT$10,000 and five years imprisonment.
INTEGRATED CIRCUITS:  section 15 provides that it is an offence for any person to
knowingly perform any of the acts listed in section 6, such as reproduction, importation, sale or
distribution for commercial purposes of the protected layout-design.  Penalty on summary conviction
is a fine of TT$10,000 and imprisonment for 5 years.  The court has power to order the seizure,
forfeiture and destruction of the layout-designs, integrated circuits or articles concerned and of any
materials or implements, the predominant use of which has been in the commission of the offence.
GEOGRAPHICAL INDICATIONS:  section 7 prov ides that any person who knowingly and
with intent to deceive, performs any of the acts re ferred to in section 3, such as the use of any means
in the designation or presentation of a good in question originates in a geographical area other than the
true place of origin, commits an offence.  Any use constituting an act of unfair competition within the
meaning of Article 10 bis of the Paris Convention, and use of a geographical indication identifying
wines or spirits for wines or spirits not originating in the place indicated, are also offences.  Thepenalty on summary conviction is a fine of TT$8,000 or three years imprisonment.
NEW PLANT VARIETIES:  section 38 provides that any person who wilfully offers for sale
or markets propagating material of a variety protected in Trinidad and Tobago without using the
registered variety denomination commits an offence.  Wilful misuse of the registered varietydenomination is also an offence.  The penalty on summary conviction is a fine of TT$10,000.
25. Describe provisions governing the length and any cost of proceedings.  Provide any
available data on the actual duration of proceedings and their cost, if any.
There are no provisions governing the length and cost of proceedings.  See the answer to
question 8 above.
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