RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/179/Add.1
23 June 2000
(00-2558)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Responses from Trinidad and Tobago to Questions Posed by the European
Communities and their member States and the United States
Addendum
By means of communications from the Permanent Mission of the Republic of Trinidad and
Tobago, dated 16 June 2000, the Secretariat has received the following responses to questions posed
by the European Communities and their member States;  and the United States, as distributed indocuments IP/C/W/178 and IP/C/W/174 respectively.
_______________
THE EUROPEAN COMMUNITIES AND THEIR MEMBER STATES
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain how cinematographic works are protected, the exclusive rights granted, their
term of protection, and the limitations and exceptions to the exclusive rights.
Cinematographic works are protected as copyright works under section 5(1)(f) of the
Copyright Act 1997 (hereinafter referred as "the Act") which refers to "audiovisual works".
The exclusive rights granted to such works under section 8(1) of the Act are as follows:
(a) Reproduction
(b) Translation
(c) Adaptation, arrangement or other transformation
(d) First public distribution
(e) Rental or public lending
(f) Importation(g) Public Display
(h) Public Performance
(i) Broadcasting
(j) Communication to the Public.
The term of protection granted to audiovisual works under Section 19(3) of the Act is as
follows:
(a) 75 years from the date of 1
st publication;
(b) 75 years from the date of 1st being made available to the public if the work has not
been published before 25 years after its making; orIP/C/W/179/Add.1
Page 2
(c) 100 years from the making of the work, if the work had neither been made available
to the public nor published before 25 years after its making.
The exceptions to the exclusive rights granted to audiovisual works are as follows:
(a) private reproduction by a natural person of a single copy is permissible for personal
purposes under section 9(1) except where such reproduction would conflict with a
normal exploitation of he work or would otherwise unreasonably prejudice the
legitimate interests of the copyright owner;
(b) Importation of up to 3 copies of such works by a natural person or his or her own
personal purposes.
2. How does Trinidad and Tobago justify the terms of protection for collective works referred to
in section 19(3) Copyright Act 1997, in light of Article 9 of the TRIPS Agreement in conjunction with
Article 7 of the Berne Convention?
Article 7(6) of the Berne Convention permits member states to grant longer terms of
protection than those provided in the preceding paragraphs of that Article.
3. How does Trinidad and Tobago justify the terms of protection for audio-visual works referred
to in section 19(3) Copyright Act 1997, in light of  Article 9 of the TRIPS Agreement in conjunction
with Article 7 of the Berne Convention?
Article 7(6) of the Berne Convention permits member states to grant longer terms of
protection than those provided in the preceding paragraphs of that Article.
B. TRADEMARKS
4. Please clarify the definition of a sign under your national legislation and explain under what
conditions it is protectable.
There is no definition of a sign but the definition of "mark" will suffice and reads:"'mark' in relation to:"(a) goods includes a device, brand, heading, label, ticket, name, signature, word, letter,
numeral or any combination thereof, or packag ing of goods or their shape provided, however,
that the trademark does not exclusively consist of the shape which results from the nature of
the goods themselves, or which is necessary to obtain a technical result or which gives
substantial value to the goods; and
"(b) services includes a device, name, signature, word, letter, numeral or any combination
thereof."Without prejudice to the action of passing off, a trademark must be registered in order to be
protectable.
Sections 10 and 11 of the national legislation provide the conditions under which trademarks
are registerable.
Under Section 10 trademarks are registerable if they consist of at least one of the following:IP/C/W/179/Add.1
Page 3
(a) the name of a company, individual, or firm represented in a special or particular
manner;
(b) the signature of the applicant for registration or some predecessor in his business;(c) an invented word of invented words;(d) a word or word having no direct reference to the character or quality of the good, and
not being according to its ordinary signification a geographical name or surname;
(e) any other distinctive mark, but a name, signature, or word or words, other than such
as fall within the descriptions in paragraphs (a) (b), (c) and (d) shall not be
registerable under this paragraph except upon evidence of its distinctiveness.
The trademark must be distinctive and under section 10 that means adapted in relation to the
goods in respect of which a trademark is registered or proposed to be registered. In determiningwhether a trademark is adapted to distinguish the Cont roller may have regard to the extent to which a
trademark is inherently adapted to distinguish or by reason of the use of the trademark or any other
circumstances the trademark is in fact adapted to distinguish.
The provisions of section 11 of the national legislation provides for an alternative form of
registration based on the trademarks capability of distinguishing as compared to inherently adapted to
distinguish as in section 10.  In this section in determining whether a trademark is capable of
distinguishing the Controller must have regard to the same two factors as provided above under
section 10.
5. Please give an example of how the definition of packaging and shape are included in
trademark registration according to the Section 2 Trade Marks Act, together with the amendment
Section 3(a)(i) in the Trade Marks (Amendment) Act, 1997.
Section 2(1) of the Trade Marks Act establishes that marks may consist of packaging of goods
or their shape, provided, however, that the trade mark does not exclusively consist of the shape which
results from the nature of the goods themselves.  Purely functional shapes, therefore, are not eligiblefor registration.
6. Please clarify whether the visual representation, mentioned in Section 4(b) of the Trade
Marks (Amendment) Act 1994 substituting Section 2(2) of the Trade Marks Act, sets up a condition for
registration that signs be visually perceptible.
Yes it does.
7. Please explain whether or not use is a requirement for the registration of a trademark in your
legislation, according to Section 10(3) Trade Marks Act.
Use is not a requirement for the registration of a trademark. Section 19(1) of the national
legislation provides that any person claiming to be the proprietor of a trademark used or proposed to
be used by him may make an application for registration of a trademark.  However the Controller may
take into consideration, according to section 10(3) and 11(2), use of a mark in coming to a decision ondistinctivenessIP/C/W/179/Add.1
Page 4
C. GEOGRAPHICAL INDICATIONS
8. Please give examples of natural or handicraft products covered by the definition of Part I,
section 2, paragraph 4 of the Geographical Indications Act, 1996.
Examples would be wood, sugar, fruit, wine, coffee, tea, tobacco, textile goods and woven
goods.
9. Please give references of your laws where acts  of unfair competition can be used within the
meaning of Part II, section 3(b) of the Geographical Indications Act, 1996.
Section 3(b) is in line with Article 22.2(b) of the TRIPS Agreement enabling interested
parties to prevent the use of indication in a manner that would be contrary to honest business practices
within the meaning of Article 10(b) of the Paris Convention.  There has been no litigation since this
Act came into force.
In addition, the provisions of the Protection Against Unfair Competition Act, 1996, in
particular sections 5 through 9, are relevant in this context.
10. Please give examples, if any, of indications which have been considered contrary to morality
under Part II, section 3(b) of the Geographical Indications Act, 1996.
No applications have been filed under this Act to date.
11. Please explain how the words "knowingly" and "with intent" are defined under Part II,
section 7 of the Geographical Indications Act, 1996 or its application by the jurisprudence.
There has been no case law that has established definitions for these words as used in the
Geographical Indications Act.  Section 7 deals with criminal offences and these words in criminal
law, in common law system countries, are understood within the meaning of "mens rea", which is an
element of criminal responsibility and conveys the idea of a guilty of wrongful intent.
12. Please explain how groups of consumers and competent (Part III, section 8(2)(b) and (c))
have the right to file an application.
The Act does not distinguish among those who are entitled to file an application.  Therefore,
applications filed by the different categories of applicants will be treated in the same manner.  The
reference to groups of consumers and competent authorities stems from the fact that the protection of
geographical indications performs a relevant role of protecting the interests and the rights ofconsumers.  Where producers fail to initiate the necessary formal proceedings, consumers and
competent authorities may do so .
13. Please define "interested persons" under Part III section 10(2)(b) of the Geographical
Indications Act, 1996.
There is no definition of the term "interested persons" in the Act.  So far, there has been no
need to interpret the term ‘interested persons’.  No netheless, the Controller might find that interested
persons are those who may be harmed by the registration  and use of geographical indications that fail
to fulfil the legal requirements. In common law and civil code legal systems there has developed thenotion of locus stand as a right to seek relief from a court of justice on a given question.IP/C/W/179/Add.1
Page 5
14. Please give the definition of appellation of origin under Part III, section 12(1)(b) of the
Geographical Indications Act, 1996.  Please explain whether or not there is difference with a
geographical indication under Part III, section 12(1)(a) of the Geographical Indications Act 1996
Section 2 of the Act provides a definition of Geographical Indication and it is line with
Article 22.1 of the TRIPS Agreement.  In view of the requirement that "a given quality, reputation or
other characteristic of the good is essentially attributable to its geographical origin' the definition is
more restrictive than the definition of what has traditionally been known as "indication of source" but
broader than the definition of "appellation of origin".
There is no definition of "appellation of origin" in this Act. This term as used here is a
drafting error. The term used throughout the Act is geographical indication. The slip rule would allowthe interpretation of "appellation of origin" to be the same as the definition of geographical indication.
An amendment will be brought.
15. Please clarify if the opposition procedure under Part II, section 15 of the Geographical
Indications Regulations, 1996 is open to challenge after rectification by a court under Part IIIsection 12(1)(b) of the Geographical Indications Act, 1996 and Part II section 17(3) of the
Geographical Indications Regulations, 1996.
The opposition procedure (section 10(2) of the Act) and the cancellation and rectification
proceedings (section 12(1) of the Act) should be distinguished.  The opposition procedure, when filed,precedes the registration.  The cancellation (or the rectification), when applied for, succeeds the
registration of the geographical indication.  The registration of a geographical indication may be
challenged before the Court under section 12, regardless of whether an opposition had been
previously filed (and naturally rejected by the Controller).
16. Please explain how exceptions under Part IV, section 19 of the Geographical Indications Act,
1996 are used in your jurisdiction. Please provide examples of the use of the exceptions by courts or
lists of names considered as common name under Part IV section 19(3) of the Geographical
Indications Act, 1996.
There has been no application and no litigation under this Act.  There is no list of names
considered as common names.
D. 
INDUSTRIAL DESIGNS
17. Please give examples how or explain the definition of parts of industrial design which serve
solely to obtain a technical result and have therefore been excluded from protection under
section 3(2) Industrial Designs Act, 1996.
The meaning of section 3(2) is the same as established by the second part of paragraph 1 of
Article 25 of the TRIPS Agreement:  essentially functional designs may be excluded from industrial
design protection.
18. Please explain in which legislation, if not in the Industrial Designs Act of 1996, and how you
grant protection to textile designs.
Textile designs are protected under the Industrial Designs Act, 1996.  The definition must be
understood in a broad sense.  Everything which gives rise, in appearance of a product, to an aesthetic
impression (i.e. an impression received by the sense of sight) can be an industrial design.  This wouldinclude textile designs. Section 6(7) of the Act facilitates the registration of designs relating to theIP/C/W/179/Add.1
Page 6
same class of the International Classification or to the same set or composition of articles, which
applies to textile designs and thus complies with Article 25.2 of the TRIPS Agreement.
19. Please give examples, if any, of industrial designs which have been considered contrary to
public order or morality and therefore not eligible for registration under Section 4(4) of the IndustrialDesigns Act, 1996.
There have been no decisions by the Controller  nor the Court that could provide an example
of an industrial design considered contrary to pubic order or morality and therefore not eligible for
registration under Section 4(4) of the Industrial Designs Act, 1996.
20. Please point out, in this context, whether or not there is any provision by which your
legislation could provide for the right to issue compulsory licences for industrial designs.
No.  There is no provision.
21. Please clarify if there are any additional conditions for the extension of the five-year period
of protection under Section 10(2) of the Industrial Designs Act, 1996, other than the payments of the
prescribed renewal fee.
No.  There are no additional conditions.
E. PATENTS
22. Does the word "elsewhere" in Article 9(1) of the Patents Act refer to acts done on a
worldwide basis?
The word "elsewhere" refers to acts done anywhe re other than in Trinidad and Tobago. This
includes acts done on a worldwide basis.
23. Please explain how Article 12(2) of the Patent Act is consistent with Article 27.2 of the TRIPS
Agreement stressing that "Members may exclude from patentability inventions…to avoid serious
prejudice to the environment…"?
Section 12(2) of the Patent Act is intended to comply with the obligations of  Article 27.2 of
the TRIPS Agreement and even though the wording of the Act is not identical to Article 27.2 the
effect is the same.
24. Please explain how Article 20(1) of the Patent Act complies with Article 4 of the TRIPS
Agreement? Please explain how it is linked to Article 70 of the Patent Act.
Under Article 4 of TRIPS members are required to extend the privilege provided in
Section 21 to all members of the WTO Section 70(1) would allow the minister to, by order, declare
that members of the WTO are convention countries for the purposes of Section 21.  The amendmentof Section 20(1) is preferred and therefore being considered in order to comply with Article 4.
25. Please define the term "staple commercial products" in Article 41(2) of the Patent Act?
It has the ordinary English meaning.  There has been no litigation under the Patents Act and
there has been no case law interpretation of this section.
26. Please explain how Articles 46, 47 and 48 of the Patent Act are consistent with Article 31 of
the TRIPS Agreement? Please explain in detail , in particular, the law requirements for use.IP/C/W/179/Add.1
Page 7
The Patents Act, 1996 as amended by the Intellectual Property Miscellaneous Amendment
Act, 2000, is in full compliance with Article 31 of the TRIPS Agreement.
It results clearly from sections 46, 47 and 48 that compulsory licences shall be granted after
being individually considered (Article 31(a)).
The new language of sub-section (6) of section 46 establishes that "the Court must be
satisfied that the person applying for the licence has made efforts to obtain a licence from the patentee
on reasonable commercial terms and conditions within a reasonable time, but has failed to do so"
(Article 31(b)).  The other conditions established by Article 31(b) are covered by section 48 of the
Act.
The new language of sub-section 7 of section 46 corresponds to Article 31(c).The conditions established by paragraphs (d), (e) and (f) of Article 31 correspond to indents
(a), (b) and (c) of sub-section 3 of section 46, respectively.
The condition provided by paragraph (g) of Article 31 is complied with by sub-section 4 of
section 46.
The new language of sub-section 5 of section 46 requires that the Court takes into account the
economic value of the licence.  In addition, section 47 determines that a reasonable remuneration,
having regard to the economic value of the licence, shall be secured by the Court.  Both provisions
comply with Article 31(h) of the TRIPS Agreement.  Section 48, sub-section (1) contains similar
requirement as regards licences granted on grounds of public interest or as remedies against anti-
competitive practices.
The provisions of sub-section (1) of section 46 and sub-section (8) of section 48 correspond to
subparagraphs (i) and (j) of Article 31 of TRIPS.  Decisions on compulsory licences on grounds of
insufficient or unreasonable supply of the market in Trinidad and Tobago shall be made by Courts,
subject to appellate proceedings.  Decisions on compulsory licences on grounds of public interest or
infringement of competition law are to be taken by the Minister, subject to judicial review.  The
possibility of review applies also to decisions relating to the remuneration.
It is noteworthy that the Patent Act, 1996 goes beyond subparagraph (k) of Article 31 of the
TRIPS Agreement in establishing that the patentee will receive adequate compensation, taking into
account the economic value of the exploitation, even in the case of a licence granted as a remedy
against an anti-competitive practice.
The Patent Act, 1996 does not contemplate the possibility of cross-licencing in the event of
dependent patents (subparagraph (l) of Article 31 of the TRIPS Agreement).
As a final note, importation of patented goods into Trinidad and Tobago may be alleged as an
evidence of sufficient supply of the market, since se ction 46, sub-section (1) does not require that the
patented goods or the goods made by the patented process are locally manufactured (Article 27.1 of
the TRIPS Agreement).
27. Please explain how Article 91(2) of the Patent Act complies with Article 70.7 of the TRIPS
Agreement?IP/C/W/179/Add.1
Page 8
Given that the Patent Law of Trinidad and Tobago that was in force before the Act of 1996
contained no restrictions regarding patentable subject-matter, whether products or processes,
Article 70.7 does not apply.
28. Please submit a copy of the proclamation made by the President to promulgate the Plant
Variety Act.
Copy submitted.
F. LAYOUT DESIGNS (TOPOGRAPHIES) OF INTEGRATED CIRCUITS
29. Please clarify the scope and limitations of the "public interest" put forward in
Section 16(1)(a) of your Layout-Designs (Topographies) of Integrated Circuits Act, 1996, such as
explaining how this corresponds to the conditions  set forth in Article 31(b) TRIPS Agreement.
Article 31(c) of the TRIPS Agreement establishes that "in the case of semi-conductor
technology" compulsory licences shall be granted only "for public non-commercial use or to remedy apractice determined after judicial or administrative process to be anti-competitive".  Since
Article 31(c) does not establish the criteria for determining the need for public commercial non-use,
WTO Members are free to determine the appropriate method of implementing it within their own
legal system and practice (Article 1.1 of the TRIPS Agreement).  Section 16(1)(a) does make use of
such a prerogative by establishing that public interest only may constitute a basis for public non-commercial use.  Moreover, that provision gives examples of areas where the public interest may be
invoked, such as national security, nutrition, health or the development of other vital sectors of the
national economy.  In this sense, the term "public interest" in Section 16(1)(a) of the Layout-Designs
(Topographies) of Integrated Circuits Act, 1996 is subject to the same scope and limitations as the
term "public interest" in Article 8.1 of the TRIPS Agreement.
Furthermore, it should be noted that sub-secti on 7 of section 46 of the Patents Act, 1996, as
amended in 1999, reads:
"A licence shall not be granted under this section in respect of a patent relating to
semiconductor technology except for public non-commercial use or to remedy a practice
determined after judicial or administrative process to be anticompetitive".
For the reasons, above, both Section 16(1) of the Layout-Designs (Topographies) of
Integrated Circuits Act, 1996 and Section 46(7) of the Patents Act, 1996, as amended, are in full
compliance with Article 31(c) of the TRIPS Agreement.
30. Please explain whether or not the termination of compulsory licensing, according to
Section 16(4) of your Layout-Designs (Topographies) of Integrated Circuits Act,1996, is possible only
upon request by the right holder. Can the Minister terminate such a licence ex officio, if he considers
that the circumstances which led to this compulsory licence have ceased to exist?
Yes, termination of compulsory licensing is possible only upon request by the rights holder.
No.  The Minister has no power under the Act to terminate such licence ex officio.
31. Please clarify further if the period is always exactly ten years under which protection is
granted (according to Section 7(1) and (2) Layout-Designs (Topographies) of Integrated Circuits Act,1996. Also if there was commercial exploitation prior to the filing of the application in the requested
time frame of Section 3(2) Layout-Designs (T opographies) of Integrated Circuits Act, 1996.IP/C/W/179/Add.1
Page 9
The term of protection of a layout-design is of ten years from the date of filing an application
for its registration (Section 7(a) of the Layouts-Design Act, 1996).  In principle, it is required that
such layout-design has not been commercially exploited in order to be registerable (Section 3(2) of
the Act).  However, if the layout-design has been previously exploited, the Act limits its eligibility to
a two-year long exploitation.  If the layout-design has been exploited for a longer period prior to thedate of filing of the application, it will not be registerable.
The TRIPS Agreement establishes that, where Members (like Trinidad and Tobago) require
registration as a condition of protection of layout-designs, the term of protection "shall not end before
the expiration of a period of 10 years […] from the first commercial exploitation wherever in the
world it occurs."  Section 7(1) in conjunction with Section 3(2) and Section 7(2) of the
Layout-Designs Act, 1996 establish that the term of  protection of a previously exploited layout-design
will expire on the tenth year from its first commercial exploitation, even if the layout-design was
indeed exploited continuously for two years.  So, answering directly the question, the answer is yes,
the period of protection is exactly of ten years from the first day of exploitation.  If the right holders
exploit the layout-design further before applying for its registration, that will be at the cost of the term
of protection, which, therefore, will not be extended beyond the minimum 10-year term set forth bythe TRIPS Agreement.
G. PROTECTION OF UNDISCLOSED INFORMATION
32. Please submit a copy of the proclamation made by the President to promulgate the Act on the
Protection Against Unfair Competition.
Copy submitted.
33. Please describe how you interpret and introduce "steps to be taken to ensure that the data are
protected against unfair commercial use" as menti oned in Article 9(4)(b) of the Protection Against
Unfair Competition Act?
Trinidad and Tobago recognizes its obligations in the circumstances outlined in Article 39.3
of the TRIPS Agreement, this is provided by Section 9(5) as introduced by the Intellectual Property
(Miscellaneous Amendments)Act, 2000.
This Act was recently enacted and will be notified to the World Trade Organization
imminently.IP/C/W/179/Add.1
Page 10
UNITED STATES OF AMERICA
A.C OPYRIGHT
1. Section 2 of Trinidad and Tobago's Copyright Act 1997 provides that "[t]his Act shall have
effect even though inconsistent with sections 4 and 5 of the Constitution" Please explain the meaningof this provision and by what legal means it can supersede provisions of Trinidad and Tobago’s
Constitution.
The Copyright Act gives the State the right to seize property and detain persons. These rights
may be said to contravene Sections 4 and 5 of the Constitution of Trinidad and Tobago which
enshrine inter alia  the individual rights to freedom and the enjoyment of property.  The Act therefor
required a two-thirds majority to become the Act as it stands today.  This is provided for by
Section 54(1) of the Constitution.
Section 54(1) of the Constitution provides :"(1) Subject to the provisions of this section, Parliament may alter any of the provisions of
the Constitution …"
"(2) In so far as it alters -
(a) sections 4 to 14 … a Bill for an Act under this section shall not be passed by
Parliament unless at the final vote thereon in each House it is supported by votes ofnot less than two-thirds of all the members of each House."
B. TRADEMARKS
2. What provisions of Trinidad and Tobago’s laws or regulations provide for trademark or
service mark protection for any sign, or any combin ation of signs, capable of distinguishing the goods
or services of one undertaking from those of other undertakings, as required by Article 15 of the
TRIPS Agreement? Please provide citations of thos e laws and, if the texts of the laws have not been
notified to the WTO, please notify them pursuant to Article 63.2.
There is no definition of a sign but the definition of "mark" will suffice.The Trade Marks Act Chap 82:81 provides at Section 2 as follows:"'trademark' means, except in relation to a certification trademark, a mark used or proposed to
be used in relation to goods for the purpose of indicating , or so as to indicate, a connection in
the course of trade between the goods and some person having the right either as proprietor as
registered user to use the mark…"
This was amended by Section 4 of the Trade Mark (Amendment) Act 1994, which states:"'mark' in relation to:
"(a) goods include a device, brand, heading, label, ticket, name, signature, word, letter,
numeral or any combination thereof;
"(b) services includes a device, name, signature, word, letter, numeral or an combination
thereof";IP/C/W/179/Add.1
Page 11
Trade Mark (Amendment) Act 1996 at Section 3 further states:
"Section 2 of the Act is amended in sub-section 2 by inserting after the words 'mark' in
relation to the 'goods' the words "or the packagin g of goods or their shape provided, however,
that the trade mark does not exclusively consist of the shape which results from the nature ofthe goods themselves, or which is necessary to obtain a technical result or which or gives
substantial value to the goods".
These laws have been notified to the World Trade Organization.
3. Please describe in detail the registration process for trademarks and service marks with a
reference to the requirements set forth in Section 2 of Part II of the TRIPS Agreement.
The following is the procedure for registration of a trade or service mark:1. Application must be made in the pres cribed format (Form TM No.2 of the 2
nd
Schedule) in the Act. (Rule 4).
2. Application for registration must contain the following:
(a) Application being made in Part A of the Register.
(The Trademark Register is divided into Two (2), "Part A" and "Part B".  All
applications must be requested in part A of the Register.  It is left to the discretion of
the Registrar whether to grant a transfer to Part B of the Register, or give an outright
refusal).
(b) Affix a representation of the mark being registered on the application form in
the space provided. (Rule 18(1)).
(c) The desired classification and the respective goods/services as listed in the
trademark Amendment Rules 1994. (Rule 5).
(d) The name and nationality of the entity applying for the Mark.(e) The full Trade/Business address of the proprietor (Rule 8 (1) and (2).
3. Four (4) additional representations (labels) of the Mark should accompany the
application when it is being submitted for registration. (Rule 19).
4. In the case where an Attorney/Agent is appointed to file an application for
registration, the form authorizing the agent (Form TM No. 1) to proceed in a matter
under the Act should be filed.
5. Documents submitted in respect of matters relating to the Act should be prepared on
durable paper with a Left hand margin of One and a half 1 ½” inch approximately and
should be presented on A4 size paper
6. The Application fee should be submitted as a Certified Cheque or to any District
Revenue Office (please see IPO counter staff for relevant head and sub-head
numbers) at the time of filing the application.IP/C/W/179/Add.1
Page 12
The exhaustive examination is done by the Intellectual Property Office before acceptance or
refusal.  An applicant may be invited to amend the specification or the mark itself.  All applications
are published in a daily newspaper for the purpose of opposition proceedings.  Rules 41 to 51 of the
Trademark Rules govern the procedures for oppositions.
A mark if registered is entered in the Register of Trade/Service marks.
4. What provisions of Trinidad and Tobago’s laws provide the owners of registered trademarks
the exclusive right to prevent unauthorized use of identical or similar marks for similar goods or
services of the parties if confusion is likely to result, as required by Article 16 of the TRIPS
Agreement?  Please provide citations to those laws and, if the text of the laws have not been notified
to the WTO, please notify them pursuant to Article 63.2.
The Trade Marks Act, in Sections 5 and 6 provide as follows:"5(1) Subject to this section and to sections 8 and 12, the registration of a person in Part A
of the Register as proprietor of a trademark other than a certification trade mark in respect ofany goods shall, if valid, give or be deemed to have given to that person the exclusive right to
use of the trade mark in relation to those goods, and without prejudice to the generality of the
foregoing word, that right shall be deemed to be infringed by any person who, not being the
proprietor of the trade mark or a registered user thereof using by way of the permitted use,
use, for the same, similar or related goods or services for which the mark is registered, a markidentical with it or so nearly resembling it as to be likely to deceive or cause confusion, in the
course of trade, in relation to any goods in respect of which it is registered, and in such
manner as to render the use of the mark likely to be taken either:
(a) as being used as a trade mark; or(b) in a case in which the use is use upon the goods or in physical relation thereto
or in an advertising circular or other advertisement issued to the public, as importing
a reference to some person having the right either as proprietor or as a registered user
to use the trade mark or to goods with which such a person as mentioned above is
connected in the course of trade;
"(2) The right to use of a trade mark given by registration as mentioned above shall be
subject to any conditions or limitations entered on the register, and shall not be deemed to be
infringed by the use of any such mark as mentioned above in any mode, in relation to goods
to be sold or otherwise traded in any place, in relation to goods to be exported to any market,
or in any other circumstances, to which , having regard to any such limitations, theregistration does not extend.
"(3) The right to use of a trade mark given by registration as mentioned above shall not be
deemed to be infringed by the use of any such mark as mentioned above by any person.
(a) in relation to goods connected in the course of trade with the proprietor or a
registered user of the trade mark if, ass to those goods or a bulk of which they form
part, the proprietor or the registered user conforming to the permitted use has applied
the trademark and has not subsequently removed or obliterated it, or has at any time
expressly or impliedly consented to the use of the trade mark;
(b) in relation to goods adapted to form part of, or to be accessory to, other goods
in relation to which the trade mark has been used without infringement of the right
given as mentioned above or might for the time being be so used, if the use of theIP/C/W/179/Add.1
Page 13
mark is reasonably in order too indicate that the goods are so adapted and neither the
purpose nor the effect of the use of the mark is to indicate otherwise than in
accordance with the fact a connection in the course of trade between any person and
the goods;
(c) in relation to services to which the proprietor or registered user of the trade
mark conforming to the permitted use has applied the trade mark, where the purpose
and effect of the use of the trade mark is to indicate that those services have been
performed by the proprietor or a registered user of the trade mark;
(d) in relation to services the provision of which is connected in the course of
trade with the proprietor or a registered user of the trade mark, where the proprietor orregistered user has at any time expressly or impliedly consented to the use of the trade
mark; or
(e) in relation to services available for use with other services in relation too
which the trade mark has been used without infringement of the right given byregistration or might for the time being be so used, if;
(i) the use of the trade mark is reasonably necessary in order to indicate
that the services are available for such use; and
(ii) neither the purpose nor the effect of the use of the trade mark is to
indicate otherwise than in accordance with the fact a connection in the course
of trade between any person and the provision of those services.
"(4) The use of a registered trade mark, being one of two or more registered trade marks
that are identical or nearly resemble each other, in exercise of the right to use of that trade
mark given by registration as mentioned above, shall not be deemed to be an infringement off
the right so given to the use of any other of those trademarks.
"6.(1) Except as provided by sub-section (2) the registration of a person in Part B of the
register as proprietor of a trademark in respect of any goods, shall if valid, give or be deemed
to have given to that person the like right in relation to those goods as if the effect in likemanner in relation to a trade mark registered in Part B of the Register as they have effect in
relation to a trademark registered in Part A of the Register.
"(2) In any action for infringement of the right of the right to the use of a trademark given
by registration as mentioned above in Part B of the Register, otherwise than by an act that isdeemed to be an infringement by virtue of section 7, no injunction or other relief shall be
granted to the plaintiff if the defendant establishes to the satisfaction of the C that the use of
which the plaintiff complains is not likely to deceive or cause confusion or to be taken as
indicating a connection in the course of trade between the goods and some person having the
right either as proprietor or as registered user to use the trade mark."
Section 7 of the said Act is also instructive.The Trade Marks Act has been notified to the TRIPS Council.
5. Please identify the provisions of Trinidad and Tobago’s laws which provide protection for
well-known marks in accordance with Article 6 bis of the Paris Convention and Articles 16.2 and 16.3
of the TRIPS Agreement and describe in detail the natu re of the protection provided. If the texts of the
laws have not been notified to the WTO, please notify them pursuant to Article 63.2.IP/C/W/179/Add.1
Page 14
The Trade Mark (Amendment) Act 1996 provides protection for well known marks.
Section 6 amends the Trade Mark Act by inserting the following new section::
"13A(1) A trademark shall not be registered.
(a) if it is identical with, or confusingly similar to, or constitutes a trademark or
trade name which is well-known in Trinidad and Tobago as being already the mark of
a person other than the applicant for registration and used for identical of similar
goods or services; or
(b) if it is identical with, or confusingly similar to, or constitutes a translation of,
a trade mark which is registered with respect to goods or services which are not
similar to those with respect to which registration is applied for, provided the use of
the trade provided that use of the trade mark is relation to those goods or services
would indicate a connection between those goods or services and the owner of the
registered trade mark and that the interests of the owner of the registered trade markare likely to be damaged by such use.
"(2) In determining whether a trade mark is well-known, account shall be taken of the
knowledge of the trade mark, including knowle dge in Trinidad and Tobago obtained as a
result of the promotion of the trade mark, in the relevant sector of the public that normallydeals with the relevant goods or services."
6. What term of protection does Trinidad and Tobago provide for trademark protection?
Trademark protection is for a period of ten years, renewable indefinitely by section 9 of The
Trademark (Amendment) Act 1996 which replaces section 25 of the Trademark Act:
 "25(1) A trademark shall be registered for a period of ten years of from the date of
registration.
.
"(2) Registration may be renewed in accordance with section 25 A for further periods of
ten years."
C. G
EOGRAPHICAL INDICATIONS
7. Please describe the provisions of Trinidad and Tobago’s laws that provide protection for
geographical indications in accordance with Articl e 22 of the TRIPS Agreement? Please cite those
laws and, if the texts have not been notified to the WTO, please notify them pursuant to Article 63.2
The Geographical Indications Act No 20 of 1996 provides protection for geographical
indications in accordance with Article 22 of the TRIPS Agreement.  Protection is provided for those
geographical indications irrespective of registration which fall within the definition of geographical
indications contained in Section 2 of the Act.  Registration shall raise a presumption that suchindication is a geographical indication within the meaning of section 2.
This Act has been notified to the World Trade Organization.
8. In determining whether recognition should be given a geographical indication, what criteria
are considered?IP/C/W/179/Add.1
Page 15
The criteria for protection are listed in the definition of geographical indication, as set out in
section 2 of the Act, as follows:
"geographical indication" means an indication which identifies a good as originating in the
territory of a country, or a region or locality in that territory, where a given quality, reputation or othercharacteristic of the good is essentially attributable to its geographical origin;"
other elements contained in section 6 of the Act are also of relevance.Section 6 provides:" The following shall not be protected as geographical indications:(a) indications which do not correspond to the definition in section 2;(b) indications which are contrary to public order or morality;
(c) geographical indications which are not or cease to be protected in their country of
origin, or which have fallen into disuse in that country".
9. Please describe the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is provided and provide examples of such productand the law under which they are protected.  Please cite those laws and, if the text have not been
notified to the WTO, please notify them pursuant to Article 63.2.
Section 3(c) of the Geographical Indications Act (1996) establishes that:
"Any interested person and any interested group of producers or consumers may institute
proceedings in the Court to prevent, in respect of geographical indication:
(c) use of a geographical indication identifying wines for wines not originating in the
pace indicated by the geographical indication in question or identifying spirits for spirits not
originating in the place indicated by the geographical indication in question, even where the
true origin of the goods is indicated or the geographical indication is used in translation or
accompanied by expressions such as "kind", 'type", "style", "imitation"' or the like,"
and in proceedings under this section, the Court may, in addition to issuing an injunction,
award damages and grant any other remedy or relief as it may deem fit.
This Act has been notified to the World Trade Organization.
10 What are the competent authorities where the protection of a geographical indication can be
obtained?
Protection (registration) may be obtained from the Controller, Intellectual Property Office.
Protection (prevention of unlawful use)  may be obtained from the Courts.
D. I
NDUSTRIAL DESIGNS
11. Please describe the provisions of Trinidad a nd Tobago’s laws that provide for protection of
independently created industrial designs that are new or original, as required by Articles 25 and 26 ofthe TRIPS Agreement?  Please cite those laws and, if the text have not been notified to WTO please
notify them pursuant to Article 63.2.IP/C/W/179/Add.1
Page 16
The Industrial Designs Act, Act No. 18 of 1996 provides protection for industrial designs
which are new and which fall within the definition of industrial designs contained in section 3,
consistent with Articles 25 and 26 of the TRIPS Agreement.
This has been notified to the WTO and has been circulated as document IP/N/1/TTO/D/1.
12. Please describe the procedure that must be followed to obtain protection for textile designs
and cite the provisions of law under which such protection is provided.
 Under the Industrial Designs Act, 1996 protection is provided for textile designs that fall
within the definition of an industrial design as given in section 3 of the Act.  The procedure forobtaining protection for a textile design is therefore as outlined in Rule 9 of the Industrial Designs
Rules, 1996 (document IP/N/1/TTO/D/2).
12. What term of protection does Trinidad and Tobago provide for industrial designs?
Section 10 of the Industrial Designs Act, 1996 indicates that protection is provided for a term
of five years from the date of filing of the application for registration automatically, renewable for two
further consecutive periods of five years upon payment of the prescribed fee .
E. P
ATENTS
14. Articles 15(6) of the Patents Act of 1999 provides that "[t]he rights conferred on the inventor
under sub-section (1), (2), (3), and (4) shall not be restricted by contract".  Please explain in detail
the meaning and scope of this provision.
Section 14 of the Patents Act, 1996 lists the persons who have the right to obtain a patent,
primarily the inventor.  Section 15(1) provides for the situations where an invention is made by an
employee in the course of a contract of employment .  Or in pursuant of commission, the right to the
invention will accrue to the employer or the person commissioning the work, subject to any
agreement  to the contrary between the parties.
Sub-section 2 provides for the event where the invention acquires an economic value which is
greater than the parties could reasonably have foreseen at the time the relevant contract wasconcluded.
In such an eventuality the inventor is entitled to equitable remuneration.  If the parties cannot
agree on the quantum the Court has the authority to fix the amount the amount will vary depending on
the circumstances of each case.
Sub-section 3 caters for the situation where an employee who is not required in the course of
his contract of employment to engage in activities , in the field of activities of his employer makes an
invention using data or means supplied by his employer in that case the right to the patent will accrue
to the employer in the absence of any provision to the contrary.  In such case the employee is howeverentitled to equitable remuneration.
Sub-section 4 deals with a similar situation but the field or activity is different to that of the
employer and without using information or means su pplied by the employer.  The right to the patent
will accrue to the employee.
Sub-section 5 therefore is intended to ensure that the rights of the inventor to fair and
equitable treatment cannot be restricted or waived by his contract of employment.IP/C/W/179/Add.1
Page 17
15. Article 46 of the Patents Act 1996 provides for compulsory licensing for patents.  Please
explain how the conditions under Article 31(c) of the TRIPS Agreement are fulfilled or otherwise
respected.
The Patents Act, 1996 as amended by the Intellectual Property Miscellaneous Amendment
Act, 2000, is in full compliance with Article 31 of the TRIPS Agreement.
It results clearly from sections 46, 47 and 48 that compulsory licences shall be granted after
being individually considered (Article 31(a)).
The new language of sub-section (6) of section 46 establishes that "the Court must be
satisfied that the person applying for the licence has made efforts to obtain a licence from the patentee
on reasonable commercial terms and conditions within a reasonable time, but has failed to do so"
(Article 31(b)).  The other conditions established by Article 31(b) are covered by section 48 of the
Act.
The new language of sub-section 7 of section 46 corresponds to Article 31(c).
The conditions established by paragraphs (d), (e) and (f) of Article 31 correspond to indents
(a), (b) and (c) of sub-section 3 of section 46, respectively.
The condition provided by paragraph (g) of Article 31 is complied with by sub-section 4 of
section 46.
The new language of sub-section 5 of section 46 requires that the Court takes into account the
economic value of the licence.  In addition, section 47 determines that a reasonable remuneration,having regard to the economic value of the licence, shall be secured by the Court.  Both provisions
comply with Article 31(h) of the TRIPS Agreement.  Section 48, sub-section (1) contains similar
requirement as regards licences granted on grounds of public interest or as remedies against
anti-competitive practices.
The provisions of sub-section (1) of section 46 and sub-section (8) of section 48 correspond to
subparagraphs (i) and (j) of Article 31 of the TRIPS Agreement.  Decisions on compulsory licenceson grounds of insufficient or unreasonable supply of the market in Trinidad and Tobago shall be made
by Courts, subject to appellate proceedings.  Decisions on compulsory licenses on grounds of public
interest or infringement of competition law are to be taken by the Minister, subject to judicial review.
The possibility of review applies also to decisions relating to the remuneration.
It is noteworthy that the Patent Act, 1996 goes beyond subparagraph (k) of Article 31 of the
TRIPS Agreement in establishing that the patentee will receive adequate compensation, taking into
account the economic value of the exploitation, even in the case of a licence granted as a remedy
against an anti-competitive practice.
The Patent Act, 1996 does not contemplate the possibility of cross-licencing in the event of
dependent patents (subparagraph (l) of Article 31 of the TRIPS Agreement).
As a final note, importation of patented goods into Trinidad and Tobago may be alleged as an
evidence of sufficient supply of the market, since se ction 46, sub-section (1) does not require that the
patented goods or the goods made by the patented process are locally manufactured (Article 27.1 of
the TRIPS Agreement).IP/C/W/179/Add.1
Page 18
16. Please identify the provisions of the Patents Act 1996 that make available judicial review of
decisions related to compulsory licenses, as required under Article 31(j) and 31 (k) of the TRIPS
Agreement.
Non-voluntary licences may be granted either by the Minister to who is assigned
responsibility for patents or by the Court.
Non-voluntary licences granted by the Minist er are subject to judicial review under
section 48(8) of the Patents Act, 1996.
Non-voluntary licences granted by the Court are su bject to review by the Court of Appeal.  A
final appeal lies to the Judicial Committee of the Privy Council through the appeal process.  Aspecific provision is therefore not required in the Patents Act, 1996.
F. P
ROTECTION OF UNDISCLOSED INFORMATION
17. Please explain in detail the provisions of  Trinidad and Tobago’s laws and regulations that
provide for protection of undisclosed information as  required by Article 39 of the TRIPS Agreement?
Please cite those laws and, if text of the laws ha ve not been notified to the WTO, please notify them
pursuant to Article 63.2.
The Protection against Unfair Competition Act, Act No. 27 of 1996  in addition to providing
protection for undisclosed information, consistent with Article 39 of the TRIPS Agreement, alsoprovides protection for any act and /or practice in the course of industrial or commercial activities that
is contrary to honest practices.
The specific section relating to undisclosed information is section 9 of the Act as recently
amended by section 4 of the Intellectual Property (Miscellaneous Amendments) Act, 2000.
The Protection against Unfair Competition Act, Act No. 27 of 1996 has been notified to the
WTO and circulated as document IP/N/1/TTO/U/1.
The Intellectual Property (Miscellaneous Amendments) Act, 2000 has been passed by both
Houses of Parliament and is expected to come into force shortly.
18. Please explain in detail the provisions of Trinidad and Tobago's laws and regulations that
ensure protection of undisclosed test data submitted as a condition of approving the marketing of
pharmaceuticals, as required by Article 39.3 of the TRIPS Agreement?  Please cite those laws and, if
the texts of the laws have not been notified to the WTO. Please notify them pursuant to  Article 63.3.
The specific section of the Protection Against Unfair Competition Act, 1996 that addresses
the requirements of Article 39.3 is section 9(4) as amended by the Intellectual Property
(Miscellaneous Amendments) Act, 2000.
G. E
NFORCEMENT
General Provisions
19. Please briefly describe how the Government of Trinidad and Tobago meets requirements of
Article 41 of the TRIPS Agreement, including Articles 41.1, 41.2, 41.3 and 41.4.  In particular, please
explain how the laws of Trinidad and Tobago provide for effective action against infringement ofintellectual property rights as required by Article 41.1 of the TRIPS Agreement.IP/C/W/179/Add.1
Page 19
As explained in the introductory remarks to Trinidad and Tobago's responses to the Checklist
of Issues on Enforcement (document IP/N/6/TTO/1),  the system for the enforcement of all rights,
including Intellectual Property, is provided through a combination of legislation and the Common
Law.  The relevant legislation  has been notified to the World Trade Organization.
20. Please identify which courts have original jurisdiction over intellectual property infringement
cases, and which courts have appellate jurisdiction to review their decisions? What legal limitations
are placed on the ability of a party to have procedural rulings and final decisions reviewed by the
appellate bodies you have identified? (Article 41 of the TRIPS Agreement)
As explained in our response to question 1 of the Checklist on issues on Enforcement, the
High Court of Justice of Trinidad and Tobago has original jurisdiction over Intellectual Propertyinfringement cases.  Decisions of this Court can be appealed to the Court of Appeal.  Both these
courts comprise the Supreme Court of Judicature.  A final appeal lies to the Judicial Committee of the
Privy Council.  There are no limitations.
Civil and Administrative Procedures and Remedies
21. Please describe the procedures followed by the courts and/or administrative bodies for
notifying defendants that civil judicial proceeding s have been initiated against them.  Also, describe
the type of information provided in the not ice.  (Article 42 of the TRIPS Agreement)
As stated in our response to question 9 of the Checklist of issues on Enforcement, Trinidad
and Tobago's intellectual property right legislation does not have provisions for administrative
procedures that deal with infringement.  (Section 2 of Part III of the TRIPS Agreement)
In all but exceptional applications for urgent ex parte  short term relief, judicial proceedings
are commenced by obtaining a writ from the Court and serving this personally or by mail upon the
defendant party at its address, in the case of a co mpany registered in Trinidad and Tobago, this being
the address of its registered office recorded in the register of companies.
22. Do parties have the right to be represented by independent legal counsel in civil judicial and
administrative intellectual property (IP) cases, and are there any limitations on that right?  Please
describe any special requirements concerning mandatory personal appearances by parties.(Article 42 of the TRIPS Agreement)
Please refer to our response to question 2 of the Checklist on issues on Enforcement.
23. What requirements must a foreign party meet to initiate a proceeding in the courts and
administrative bodies identified that is not requir ed of a national or resident of your country?
There are no requirements that a foreign party or a non resident must meet to initiate a
proceedings in the courts that are not required of a national or resident of Trinidad and Tobago. A
party that is not resident in the jurisdiction may be required - on application of a defending party andonly after the procedure has already been initiated, to  provide some security in respect of a possible
future order to pay the defendant's costs in the event of the enforcement proceedings not succeeding.
This arises because in Trinidad and Tobago an unsu ccessful party is normally required to pay costs to
the successful party and security, is required because of the perceived difficulty in enforcing an order
to pay costs against a party resident outside the jurisdiction of the court making the order.  Therelevant legal authority is the Rules of the Supreme Court.IP/C/W/179/Add.1
Page 20
24. Please describe any limitations on a party's ability to substantiate a claim or to present
relevant evidence in civil judicial and administrative intellectual property cases.  (Article 42 of the
TRIPS Agreement)
There are no limitations .
25. Please describe the mechanisms for identifyi ng and protecting  confidential information in
civil judicial and administrative intellectual property cases. (Article 43.1 of the TRIPS Agreement)
Please refer to our response to question 4 of the Checklist of issues on Enforcement.
26. What provisions ensure that intellectual property infringement cases are handled in an
expeditious manner and what provisions are available to prevent deliberate delays by the parties to a
proceeding?  Under what circumstances are such provisions applied?
Please refer to our responses to questions 5 and 12 of the Checklist of Issues on Enforcement.
27. Please describe how and under what circumstances judicial and administrative officials may
order parties to produce relevant evidence in civil judicial and administrative intellectual property
cases.  What type of evidence of information may be required to be disclosed prior trial and how long
does this pre-trial disclosure period generally last?  (Article 43.2 of the TRIPS Agreement)
Please refer to our responses to question 3 and 8 of the Checklist of issues on Enforcement.
28. Please describe the actions judicial and administrative officials may take if the party fails to
provide the necessary information? Describe the circumstances under which those actions are
normally imposed in civil judicial and administrative  enforcement actions.  (Article 43.2 of the TRIPS
Agreement)
Please refer to our response to question 3 of the Checklist of Issues on Enforcement.
29. Do judges and administrative officials have the authority to issue injunctions (or equivalent
measures) to order a party to desist from an infringement and to prevent infringing goods from
entering the channels of commerce?  Please describe. in detail, the procedures for issuing suchinjunctions.  (Article 44.1 of the TRIPS Agreement).
Please refer to our response to question 5 of the Checklist of Issues on Enforcement.
30. How long in practice does it generally takes to obtain the injunctive relief (or equivalent
measures) from the time of the application to its grant?  What evidence must typically be provided to
establish a party’s right to each of the types of re lief identified and what are the conditions imposed
on obtaining such relief? (Article 44 of the TRIPS Agreement)
Please refer to our responses to questions 8 and 11 of the Checklist of Issues on Enforcement.
31. Article 44.2 provides an exception to the requirement in paragraph 44.1 for government use
or use by third parties authorized by the governmen t, limiting the remedy for infringement to payment
of adequate remuneration as provided in Article 31(h).  Are there any such limitations on remedies in
the laws of Trinidad and Tobago?
There are no such limitations.  Injunctions may be issued against the Government depending
on the circumstances of each case.IP/C/W/179/Add.1
Page 21
32. Please explain whether judicial and administrative officials have the authority to order party
found to be infringing to pay the right holder damag es adequate to compensate for the injury caused
by the infringement and expenses, including attorney’s fees.  What factors are considered in
establishing the amount of damages? (A rticle 45 of the TRIPS Agreement)
Please refer to our response to question 5 of the Checklist of Issues on Enforcement, with
specific reference to the section entitled "Damages, recovery of profits and expenses, including
attorney's fees".
33. Please describe any additional remedies (e.g. disposal of goods and destruction of materials
and implements used to creative infringing goods) that judicial and administrative officials may
impose in civil judicial and administrative intellect ual property cases, the circumstances under which
those remedies will be imposed.  What factors ar e considered in determining which kind to impose?
(Article 46 of the TRIPS Agreement)
Please refer to our response to question 5 of the Checklist of Issues on Enforcement, with
specific reference to the section entitled "Destruc tion or other disposal of infringing goods and
materials/implements for their production", and to our response to question 24 of the Checklist of
Issues on Enforcement.
34. Do judicial and administrative officials have the authority to order infringers to provide right
holders with information on third parties involved in the production and distribution of infringinggoods or services and their channels of distribution?  Under what circumstances in this authority
described? (Article 47 of the TRIPS Agreement)
 Please refer to our response to question 6 of the Checklist of Issues on Enforcement.
35. Please explain whether public authorities and officials are exempt from liability for abuse of
enforcement procedures and describe the circumstances in which such limitations do not apply
(Article 48 of the TRIPS Agreement)
 Please refer to our response to question 7 of the Checklist of Issues on Enforcement.  Under
section 85 of the Patent Act immunity.
Provisional Measures
36. Please identify the provisional measure available under their law of Trinidad and Tobago to
prevent an infringement of any intellectual property right occurring and to preserve relevant evidence
in regard to an alleged infringement. (Article 50 of the TRIPS Agreement)
Please refer to our response to question 10 of the Checklist of Issues on Enforcement.
37. Please briefly describe:
(A) any requirements to establish "irreparable harm" to the right holder.  (Article  50.2
of the TRIPS Agreement)
(B) Factors considered by judicial and administrative authorities in determining whether
a "demonstrable risk of evidence being destroyed exists".  (Article 50.2 of the TRIPSAgreement).
(A) As stated in our response to question 11 of the Checklist of  Issues on Enforcement,
provisional remedies will be granted when the court is of the opinion that anIP/C/W/179/Add.1
Page 22
injunction is necessary because the plaintiff's case will otherwise be prejudice and if it
is just and convenient to do so, considering the interest of both Plaintiff and
Defendant.  What is just and convenient will of course depend on the circumstances
of the particular case and will be decided by the courts on the merit of the case before
it.
(B) As above, whether there a risk of evidence being destroyed will be considered by the
Court in determining the grant of a provisional remedy.  What is just and convenient
will of course depend on the circumstances of the particular case and will be decided
by the courts on the merit of the case before it.
38. For each kind of Intellectual property that is the subject of the TRIPS Agreement, please
describe the kind of evidence right holders must present to establish ownership of the intellectual
property in question and that their rights is being infringed? (Article 50.3 of the TRIPS Agreement)
The court will assume that an applicant for relief  is the true right holder in the absence of any
challenge thereto, or any denial thereto by a defe ndant.  Evidence is therefore only required where the
defendant challenges or denies that the right holder is entitled to commence proceedings brought
against him.
In the case of a registered intellectual property right (that is a patent, registered trademark or
registered design) an entity (whether owner in equity or an exclusive licensee) is only, able tomaintain enforcement proceedings in respect of that  right if its proprietorial interest is a matter of
record in the appropriate register maintained at the Intellectual property Office.
In the case of a copyright and some of the related rights thereto, there are various statutory
presumptions as to ownership of those rights.  A plaintiff asserting copyright is presumed by the courtto be the owner of the asserted right, subj ect to any challenge thereto by the defendant.
39. Are right holders required to provide a security or equivalent assurance to protect the
defendant and to provide against abuse and how is that amount determined? (Article 50.3 of the
TRIPS Agreement)
Please refer to our response to question 7 of the Checklist of Issues on Enforcement with
specific reference to the section entitled "provisi ons relating to the indemnification of defendants
wrongfully joined".  The amount varies dependent on the circumstances of each case.
40. Please briefly describe the following:
(A) the authority judicial and administrative officials have to adopt provisional measures
inaudita alter parte, and what measures may be adopted inaudita altera parte. (Article50.4 of
the TRIPS Agreement);
(B) does the exercise of the authorities identified above require a court order?
(Article 50.4 of the TRIPS Agreement)
Please refer to our responses to questions 10 and 11 of the Checklist of Issues on
Enforcement.  As stated previously, no administrative provisional measures are available with respect
to enforcement proceedings (Section 3 of Part III of the TRIPS Agreement) and thereforequestion 40(B) is not applicable.
41. For each of the measures identified above, generally how long does it take from the
application for such relief until its grant.IP/C/W/179/Add.1
Page 23
 Please refer to our response to question 13 of the Checklist of Issues on Enforcement.
42. Please describe the procedures for notifying affected parties after execution of the provisional
measures and initiating a review. (Article 50.4 of the TRIPS Agreement).
 Please refer to our response to question 12 of the Checklist of Issues on Enforcement.
43. Please describe the kind of information required from applicants to identify goods which are
the subject of provisional measures (Article 50.5 of the TRIPS Agreement)
Please refer to our responses to questions 10 and 11 of the Checklist of Issues on
Enforcement.
44. Please describe the nature of the proof required from applicants to identify goods which are
the subjects of provisional measures are granted for each type of intellectual property protected
under the TRIPS Agreement (Article  50 of the TRIPS Agreement).
Please refer to our responses  to questions 10 and 11 of the Checklist of Issues on
Enforcement.
45. Please describe the procedures for revoking or cancelling provisional measures in judicial
and administrative enforcement actions if proceedings leading to a decision on the merits of a caseare not initiated within a reasonable time.  What constitutes a "reasonable time-period" to initiate
proceedings?  (Article 50.6 of the TRIPS Agreement)
Please refer to our response to question 12 of the Checklist of Issues on Enforcement.
What constitutes "reasonable time period" depends on the circumstances of each case.
46. Please explain whether judicial and administrative officials have the authority to order that
defendant be compensated for any injury suffered as a result of a lapse of revocation of provisional
measures. (Article 50.7 of the TRIPS Agreement)
Please refer to our responses to question 5 (in particular the section entitled "injunctions") and
question 12 of the Checklist of Issues on Enforcement.
47. Please identify the competent authority in Trinidad and Tobago authorized to accept
applications for request to suspend release of suspected infringing goods.  (Article 51 of the TRIPS
Agreement)
The competent judicial authority in Trinidad and Tobago is the High Court of Justice and the
competent authority for border measures is the Comptroller of Customs and Excise.
48. Please describe the procedures for protecting intellectual property at the border
(e.g. application, required information, process and time for notifying applicant of acceptance,
effective period for border enforcement action).  (Article 52 of the TRIPS Agreement)
Please refer to our responses to questions 15 and 16 of the Checklist of Issues on
Enforcement.
49. Please describe any procedures available to stop the export of infringing goods and goods
shipped in transit?IP/C/W/179/Add.1
Page 24
There are no procedures to stop the export of infringing goods and goods shipped in transit.
other than the procedures provided by the Trade Marks Act.
The Trade Marks Act provides at section 71(H):"Where:(a) goods are forfeited to the State under section 71(D);(b) the court order under section 71(F) that goods be forfeited to the State,
the goods are to be destroyed or otherwise disposed of as the Comptroller of Customs and
Excise directs, except that in the case of counterfeit goods, the Comptroller shall to permit the re-
exportation of those goods in an unaltered state other than in exceptional circumstances".
50. Please explain what evidence constitute prima facie infringement for purposes of Article 52 of
the TRIPS Agreement.
It will depend on the circumstances of each case.
51. Please verify that the competent authori ties identified above are empowered to require
security or equivalent assurance. (Article 53 of the TRIPS Agreement)
By virtue of section 71(b) (3) of the Trade Marks Act "The Comptroller of Customs and
Excise may from time to time require the objector who has given notice under section 71AA, to give
the Comptroller security  for further security within  such time and in such manner, whether by way of
bond, deposit of a sum of money or otherwise, as the Comptroller may specify, against all actions,
proceedings, claims and demands which may be take n or made against, or cost and expenses which
may be incurred by the Comptroller in consequence of the seizure of goods to which the notice
relates.
A similar provision exists at section 8 of the Copyright (Customs) Regulations 2000.
A copy of all relevant legislation has been  notified to the World Trade Organization.
52. Please identify the forms of intellectual property, if any, are subject to provision of
Article 53.2 of the TRIPS Agreement.
Please refer to our response to question 16 of the Checklist of Issues on Enforcement.
53. What procedures exist for notifying applicants of the suspension of release? (Article 54 of the
TRIPS Agreement)
Please refer to our response to question 16 of the Checklist of Issues on Enforcement.
54. Please identify the forum or fora in which an applicant/party may initiate proceedings on the
merits that will allow customs authorities to hold the goods beyond ten working days. (Article 55 of
the TRIPS Agreement)
The relevant forum is the Supreme Court of Judicature.  Please refer to the responses to
question 17(2) and Question 1 of the Checklist of Issues on Enforcement.IP/C/W/179/Add.1
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55. Do judicial and administrative officials have the authority to order the applicant to pay the
importer, consignee or owner compensation for injury caused by wrongful detention or through the
detention pursuant to Article 55?  (Article 56 of the TRIPS Agreement)
Please refer to our response to question 16 of the Checklist of Issues on Enforcement.
56. Please explain the procedures for allowing right holders an opportunity to inspect suspect
goods that have been detained by customs authorities.
Please refer to our response to question 16 of the Checklist of Issues on Enforcement.
57. Please explain whether the competent authorities in Trinidad and Tobago are empowered to
ex officio and, if so, the enforcement action that may be taken.  (Article 58 of the TRIPS Agreement)
Please refer to our response to question 18 of the Checklist of Issues on Enforcement.
58. Please describe the remedies for infringing goods (i.e. destruction, disposal of both).
(Article 59 of the TRIPS Agreement)
Please refer to our responses to questions 5 and  19 of the Checklist of Issues on Enforcement.
59 Please clarify whether de mimimis imports are excluded from the border measures under the
law of Trinidad and Tobago.  What constitutes  a de mimimis import?  (Article 60 of the TRIPS
Agreement)
Please refer to our response to question 15 of the Checklist of Issues on Enforcement.
Criminal Procedures
60. Please explain in detail what steps are being taken to ensure that no unnecessary delays
occur in acting on criminal complaints filed by interested parties, in granting warrants after
applications requesting them have been presented to judges, and in general to ensure that criminal
statutes are being enforced. Furthermore, please explain if there are any efforts underway by the
enforcement authorities to provide time-limits or guidelines for certain stages of the criminalinvestigations process.
The Office of the Director of Public Prosecutions has established a core of attorneys who are
on "24 Hour" call to the Police when advice or guidance is sought on matters relating to Intellectual
Property.
On receipt of criminal complaints investigatio ns as to the validity of the documentary and
other evidence are assessed by the Police in consultation with a legal officer of the Office of the
Director of Public Prosecutions.  Provided there is an evidential basis appropriate charges are
preferred.
The issuing of warrants in the jurisdiction is not a cause of delay.  Police Officers not below
the rank of Inspector do not need warrants to execute their searches on premises provided that the
officer "reasonably suspect" that there are infringing copies of the relevant material on the said
premises.  Officers below the rank of Inspector must first obtain a warrant before entering andsearching premises but the obtaining of such warrants from a magistrate is prompt.
The Government of Trinidad and Tobago has engaged in an education drive for the public to
sensitize them of their responsibilities under the Law.  The continued education drive is proving to beIP/C/W/179/Add.1
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useful in helping Police and Customs officers to understand their powers of arrest and seizure.  A
closed session for magistrates in the enforcement and prosecution of Copyright infringements was
recently held as part of this country's Copyright Week.  The Government has also taken the initiative
in inviting foreign judges versed in Intellectual Property to hold discussions with the local judiciary.
61. Please explain whether and under what circumst ances seizure, forfeiture and destruction of
infringing goods and any materials and implements are available as remedies in wilful trademark
counterfeiting or copyright piracy cases and describe the conditions under which such penalties
would be imposed.  (Article 61 of the TRIPS Agreement)
Please refer to our responses to questions 5 and 21 of the Checklist of Issues on Enforcement.
62. Please provide statistical information related to civil copyright. Trademark, geographical
indication, industrial design, patent, integrated-circuit layout design, and trade secret enforcement
for each of the years 1998 and 1999, including the number of cases filed:  injunction issued;
infringing products seized;  infringing equipment seiz ed;  cases resolved (including settlement);  and
the amount of damages awarded.
Intellectual property rights in Trinidad and Tobago are private rights and as such the
responsibility for the enforcement of these rights li es with the right holder.  The Government is not as
a matter of course involve in civil disputes concerning intellectual property and consequently does not
collect comprehensive data on such disputes.
Limited data may be available from the Supreme Court of Judicature.Such data could be obtained if required for the period commencing 1 January, 2000.
63. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for each of  the years 1998 and 1999 , including the number of
raids, prosecutions, convictions, and the amount of fines and/or jail terms (including whether the fines
were paid and whether the jail term was actually served or was suspended) and any other information
establishing that the criminal system operates ef fectively to deter copyright piracy and trademark
counterfeiting.
Information in the form requested is not as a matter of course collected by the Government of
Trinidad and Tobago. Limited data may be available from the Supreme Court of Judicature.  Such
data could be obtained if required for the period commencing 1 January, 2000.
64. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in Trinidad and Tobago, particularly  initiatives related to criminal enforcement.
The Government of Trinidad and Tobago is ex amining the feasibility of the establishment of
an Enforcement Unit and a Copyright Tribunal.  The Government is also examining the feasibility of
establishing a specific court to deal with Intellectual Property matters.  The continued education driveis proving to be useful in helping Police and Customs officers to understand their powers of arrest and
seizure.  The Government has also taken the initiative  in inviting foreign judges versed in Intellectual
Property to hold discussions with the local judiciary.
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