WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IJ>~/I/TTO/C/2 
7 April 2000 
(00-1407) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
TRINIDAD AND TOBAGO 
The present document reproduces the text! of the Copyright (Customs) Regulations 2000, as 
notified by Trinidad and Tobago under Article 63.2 of the Agreement (see document IPINIlITTO/l). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIJ>ALES LOIS ETREGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
TRINITE-ET- TOBAGO 
Le present document contient le texte1 du Reglement (douanier) de 2000 sur le droit d'auteur, 
notifie par la Trinite-et- Tobago au titre de l'article 63:2 de l'Accord (voir le document IPIN/lITTO/l). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIJ> ALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL pARRAFO 2 
DEL ARTicULO 63 DEL ACUERDO 
TRINIDAD Y TABAGO 
En el presente documento se reproduce el texto1 del Reglamento de Derecho de Autor 
(Aduanas) de 2000, notificado por Trinidad y Tabago en virtud del parrafo 2 del articulo 63 del 
Acuerdo (vease el documento IPINIl/TTOIl). 
1 In English only.fEn anglais seulement.lEn ingIes solamente. IP/NI1 fTTOIC/2 
Page 2 
THE COPYRIGHT (CUSTOMS) REGUL~TIONS, 2000 
Arrangement of Regulations 
Regulation 
1. Citation 
2. Interpretation 
3. Notice to Comptroller 
4. Administrative fee 
5. Evidence in support of notice 
6. Notification of change in particulars 
7. NotifIcation of acceptance or rejection of notice 
8. Security 
9. Release of security 
10. Indemnity 
11. Notice of seizure 
12. Notice of refusal to seize 
.l~ ') v. Inspection of copies and taking of samples 
14. Release of copies seized 
Schedule IPINllffTO/C/2 
Page 3 
LEGAL NOTICE No. 37 
REPUBLIC OF TRINIDAD AND TOBAGO 
THE COPYRIGHT ACT, 1997 
REGULATIONS 
MADE BY THE.: MINISTER tJNDER SECTIONS 48 .~ND 57 OF THE 
COPYRIGHT ACT, 1997 
TIrE COFfRlGll (CUSrO~1S) RE GULA.'l'!ONS. 2000 
1. These Regulations may be cited as the Copyright (Customs) Citatior1 
Regulations, 2000. 
2. In these Regulations-
"Act" means the Cop)Tight Act, 1997; 
"Comptroller" means the Comptroller of Customs and Excise; 
"impfJrter" has the meaning assigned to it under section 2 of the lnterpretat :n:1 
Act Ko. 8 vi 
1997 
Customs Act. Chap. 7b:u: 
3. 0) A notice to the Comptroller under section 4:8.(1) of the Act shall Nc.tkc le 
be in the form set out as Form 1 or 2 in the Schedule. Con:r:l:fOUe; .scheuule 
(2) A separate notice in the form set out as Form 1 or 2 shall be 
given in respect of each published work or sound recording. 
(3) A notice in the form set out as Form 1 or 2 shall be accompa­
rued by a declaration in the form set out. as Form 3 in the Schedule. 
4. An administrative fee of forty dollars shall accompany 
separate notice to the Comptroller under regulation 3. each Administ:a­
t;ve fee 
5. (1) A person who has given notice to the ComrtrolL?f under Evidence ~n 
section 48(1) of the Act shall at the time of giving the notice or at the time SUYtP°r1; of ne. :ce when the work or sound recording is imported or at both such times 
furnish to the Comptroller such evidence and information in support of 
the notice, within such time and in such form as the Comptroller may 
require, including, wherever possible--
(aJ a sufficiently detailed description of the published work or 
sound recording in respect of which copyright 0r neighbour­
ing rights subsist; together, where appropriate, ,,"\-'lth a 
sample of such work or sound recording; IP/N/lfTTO/C/2 
Page 4 
Notifica:k:1 
of chunge in 
particulars (b) a sufficiently detailed description of the manner in \vhich the 
copy infringes the eopYTight or neighbouring right) together, 
where possible, with a sample of such copy; 
(c) the identitv of the imDorter of the suspected \vork or sound v • 
recording; 
(d) the country or countries of origin of the suspected l,vi)rk or 
sound recording; 
(e) the country' or countries of manufacture of the suspected 
work or sound recording; 
(fJ as far as he is able to state) the identity of eacb. foreign per­
son or business entity involved in the manufact.ure and/or 
distribution of the suspected work or sound recormng; 
(g) the mode ofjransportation and identity of the transporter uf 
the suspected work or sound recording; 
(h) the POTt; or ports where it is anticipated that the suspi.:-cted 
work or sound recording will arrive in 'I':rinidad and Tobago; 
(i) the anticipated date or dates of arrival in Trinidad and 
Tobago. 
(2) Where any such evidence is not furnished as required by the 
Comptroller, the notice may be deemed to have been withdru,;vn as from 
the expiry of such time as may be required by subreg-LLladon (1). 
6. (1.) A person who has given notice under section 48(1) of the Act 
shall notifY the Comptroller in writing of any change in the particulars 
specified in the notice or any subsequent information fu!'nished to the 
Comptroller wit.hin thirty days of the change. 
(2) \Vhere the notice is of a change of ownership of copyright or 
neighbouring rights in a work or sound recording to which section 48(1) 
of the Act relates, such notice shall, subject to st:.bregulation (3), remain 
in force for a period of thirty days after receipt of the notice by the 
Comptroller. 
(3) A notice under section 48(1) of the Act shall be deemed to have 
been withclrawn-
(a) upon the eX"Piration of the period specified in subrp.§,lulation 
(2); or 
(b) upon the giving of notice under section L18(1) of the Act by 
the new owner of copyTight or ueighbou.:-ir:.g rights in the 
work or sound recording, 
whichever is earlier. IPINIlITTO/C/2 
Page 5 
'1. (1) Upon receipt of a notice under section 48(1) of the Act, the ;.iotificatiCI! 
COD.1ph·oller shall, within ten days of the receipt, notifv, in writing, the of a~ep~8.!1.::e. 
J or !"eJed:ol1. 0: person giving the notice whether the notice satisfies the requirements of notice 
these Regulatlons or not. 
(2) yVhere the notice satisfies the reqnirer:lents of these 
Regulations the Comptroller shall accept the notice and inform the per-
3011 giving the notice of its acceptance. 
(3) Wbere the notice does not satisfy the requirements of theEe 
Regulations the Comptroller may either reject the notice or reS8rve the 
.same ,{i.)r further conf:icieration, pending the provision of such informa­
tion in such form and within such time as the Comptroller may reqaire. 
(4) vVhere any such information is not provided as required by the 
Comptrol1er under subregulation (3) the !1otice shall be rejected. 
(5) "'Where the notice has been rejected the Comptrcller shall 
inform the person giving the notice of its rejection a.nd of the reasons 
therefcJr and deliver the copies to the importer. 
(6) A notice accepted under subregula.tion (21 shall remain in 
force for the period specified ill the notice unless-
(a) it is withdrawn, in wl'iting, by the person giving the notice; 
or 
(6) the Court orders that the notice be set aside. 
8. (1) The Comptroller shalJ from time to t.ime require the perscn S€:Ct.:.rity 
who has given nDtice under section 48(1) of the Act to provide to the 
Comptroller such security or further security, withi...'1 such time and in 
such manner, whether by way of bond, deposit of a sum of muney or 
otherwise, as the Comptroller may specify', against. all actions, proceed-
ings, claims and demand3 whatsoever which may be taken or made 
against, or costs and expenses which may be incurred by the ComptroUE:r_ 
in eonsequence of the seizure of ~my copy of a work or sound recording to 
which tbe notice relates. 
(2) Such security or further security may be given­
(a) at the time the notice is given; or 
(b) at such other time as the Comptroller may require. 
(3) Where such security or further security is Iwt given within the 
time or in the manner spedfied by the Comptroller he shall deliver the 
copies to the importer. 
9. 'rhe security shall be released in the following circumstances-­
(aJ where there is no seizure; Rel"ase of 
S1:.-curity IP/N/lfTTO/C/2 
Page 6 
indemnity 
Notice of 
5€'izur£: 
Notice of 
refusal to 
SBlze (b) if the seizure is completed~ either by eff1u.:xion:18,psc: of time 
or ultimate condemnation by a Court; 
(c) if the seizure is not completed and the copies are released hy 
the Comptroller and no action or suit has been cormnenced 
against the Comptroller in respect of the seizure; then at the 
expiration of six months from the time of the seizure; 
(d) if vrithin the period specified in paragraph (e) action (If suit 
is commenced, then upon the (;onclusion of such action or 
suit and the fulfillment of the purpose for which the security 
was !:,'1ven. 
10. (1) In everY casf:.'-
(a) in which the comptroller has not required security or fllrther 
security to be given under regulation 8; 
(b) in which the Comptroller has taken security and that 
security is insufficient; or 
(c) in which the notice is deemed to have been withdrawn under 
regulation 5(2) or 6(3), 
the person giving the notice and the o\vner of copyright or neighbouring 
rights in the work or sound recording to which the notice relat.es .shal.l--
m jointly and several1y agree to keep the Comp:roller indem­
nified against all actions, proceedings, claims and demands 
',l:hatsoever which may be taken or made against him; and 
(ii) repay the Comptroller all costs and expenses \I,-hich Dl::ty be 
Incurred by him in consequence of the seizure of, or 
any thing done in relation to any copy of a work or sound 
rec0rding to which the not.ice relates. 
(2) lillY such costs, expenses, damages or other sums may be 
recoverable as a debt due to the Sta.te. 
11. \V11ere the Comptroller is sCl.tisfied that copies of G work or 30und 
recording are to be treated as prohibited goods pursuant to section 48(1) 
of the Act and these Regulations, he shall, within ten days of his 
decision, give (either personally or by post) to-
(aJ the person giving the notice; and 
(bj the importer of the copies, 
notice, in writing, in the form set out as Form 4 or 5 in the Schedule. 
12. If the person giving the notice under section 48 of the Act fails 
to--
(aj comply with any requirement of the Comptroller under 
these Regulations; IP/N/lfITOIC/2 
Page 7 
(b) comply with any of the provisions in these Regulations; or 
(c) agree to indemnify the Comptroller against any action or 
expense as provided for in regulation 10, 
the Comptroller may refuse to seize any copies of a work or sound record­
ing to which the notice relates and shall, with.i.n ten days of his decision, 
Eotify, in \\Titing, the person giving the notice, in the form set out as 
Fonn 6 in the Schedule. 
13. (1) The Comptroller shall allow the o\"\'ner of copYTight or neigh- lnspec:io[1 0: 
bourinq riEr;bts in the work or sound recording- and the importer sdlicient:~F.~es ar;d 
b - ~ taJUng-uf opportunity to inspect the copies which have been seized and to take "amples 
samples in order to substantiate or defend any action or proceedings t.hat 
may be bTought by virtue of section 48 of the Act. 
(2) Samples shall be accounted for in such manner as the 
Comptroller may direct. 
14. (1) The Comptroller shall release any copies seized pursuant to P.e:ea"e of 
the Act or these Ree,'Ulations to the importer, if- copi£''; seized 
(aJ within the period specified in a notice given under sect.ion 
48(1) or the time limited for bringing an action under the 
Act, whichever is later, the owner of cop)Tight or neighbour·. 
ing rights has--
(i) not brought an action for infringement of rights in 
copyright or neighbouring rights, or obtained, 
pending the initiation or determination of such an 
action, an order of the Court prohibiting the 
release of the copies; and 
(ii) not given to the Comptroller notice in \\Titing in 
the form set out as Form 7 in the Schedule, of the_ 
action or the order; 
(iii) consented, by notice in vvTiting in the form set ou.t 
as Form 8 in the Schedule, to the release of the 
copIes; 
(bj the Comptroller is served with an order of the Court that. the 
copies be released; 
(e) an action for infringement of rights in copyright or neigh­
bouring rights is determined in favor of the importer- of the 
copIes; or 
(d) an action for infringement of rights in copyright or neigh­
bouring rights is withdrawn or discontinued. IP/N/lffTO/C/2 
Page 8 
(2) The Comptroller may, wit.hin the pedocl specified in the 
notice, release any copies seized pursuant to the Act or these Regulations 
to the importer, if, having regard to information that has come to his 
knowledge after the copies have been seized, the Comptroller is satisfied 
that the copies ought not to have been seized, provided an customs for­
malities h:we been complied with and the release of the copies are not 
otherv .. rise contrary to the laws of Trinidad and Tobago. 
SCHEDULE 
FOR.\f 1 
Copyright Act, 1997 
Notice of Importation of PllbHshed Works 
To: The! Comptroller of Customs and Excise: 
I, 
of Re6'lilation 3(1) 
hereby give notice that an infringement of copyright in the original wor;-\. specified in the 
Schedule to this Notice subsists under the Copyright Act, 1997 and that (1) 
thE; owner of copyright in the work arid requests that copies of ~he saic! 
work made outside of Trinidad :emd Thbago and which are identified in tho Schecul<? to thi~ 
Notice be treated as prohibited goods and not be imported into Trinidad aad Tobc:go for a 
period up to and including (2) pursuG.nt to section 48 of the Copyright 
Act, 1997. 
Dated thi.s day of 20 
Signature: ................................................. .. 
(3) 
SCHEDULE 
Title of work: 
De:>eription of work: 
Full name of author or authors: (4) 
If the author or anyone or more of the authors of the \vor~ is dead the narnt:l of deceased 
author or authors and the date or dates of death: (5) 
Date and place of first publication of work: (6) 
Description of infringing copies to be prohibited: (7) NOTES TO FOR.\\ 1 IPINIlrrTOIC/2 
Page 9 
0) If the Notice is given by t~e o\nier of copyright, insert "I am", if given by en agent or 
i:' t[-,e owner is a company or other body, insert. the full name of the owner 3.nd the word 
His". 
(2) Spet:ify the period for which requests treatment as prohibited goods. TI1.is period 
should not exceed 5 yea!'s or extend beyond the end of the period fol' wr.ic~ copyright 
subsists. 
1,3) If an agent lnsert "Agent of the o\vner" 0r if a company or other body ir.~e:-t ~he narr.e 
ef the company and the position held by the signatory in the comp3ny. 
r 4) If the author is anOn)'l1l011S or p~eu.donymous this 3hou1d be o-,tated . .'1_12(, state the 
period for which copyright su.bsists. 
(5) Omit jf the autbo.' is anonymous or pseuclon:.rmous. 
(6,\ SLate the country and date of flrst publication. 
(7) Giv8 sufficient information to ident.if)' the infringing copies ineluding' r,nr: nn:nc of the 
pt.:blishers and country of publicacion, if known. If a particular ship;nent is to he 
prohibited insert details of th?t sbjpment. If ul1 :mpOliatio!1s of \vhate\'er source are 
to be prohibited this should be stated. If importation of some (>Jpie5 only are to bp. 
prohibited provide detaiLs of the source of those c0pies. IP/N/lffTO/C/2 
Page 10 
FORM 2 
Copyright Act, 1997 Regulation 30) 
Notice of Importation of Published SOlUld Recordings 
'To: The Comptroller ef Customs and Excise: 
I, 
of 
hereby give :let iCE: that an infringeme:1t of neighboudng rights in. the sound recording 
specified in the Schedu.le to this N' otice sub"i",ts under the Copyright Act, 1997 and that 
(l) the O\vner of neighbouring rights i:l the sound recording :m.J 
requests that copies of the ::.ajd svund recording r:1ade out-side of Tr-:nidad and Tobago and 
which are identified in the Schedule to this Notice be treatec as pro);;cited goods and not 
be imported into Trinidac and Tobago for .!> period up to and inch:ding (2) 
purs'..lant to section 48 of the Copyrignt i\ct, J.997. 
Dated this day of ,20 
Signature; ................................................ .. 
SCHEDULE 
Title of sound recording: 
Description of SOLll1d recording: 
Initials or marks (if any) placed on copies of sound recording: 
Full name of maker or makers of scund recording: 
Date and place of first publication of sound recording: (4) 
Date and place Gf making of sound recording: (5) 
'Description of infringing copies to be prohibited: l6) (3) NOTES TO FORM 2 IPINllrrTO/C/2 
Page 11 
1.1, If :he Notice is given by the owner ofneighbou:ring right, insert "1 am", if given by an 
agent, insert the n!l.me of the owner and the word '·is". 
SpecifY the period for which req'.lests treatment as prohibited goods. -Thi., period 
should not exceed 5 yes-cs or extend beyond tr.e end of the period for which. the neigh­
bouring rights subsist. 
(3) If an agent insert "Agent of the. owner" or if a company 0::-ot1:e, body insert th", name 
of the company and the l-lositicn held by the signato:-y in the company. 
~4) State the country and date of n.:-st publication. 
:,5) SUi.te the country and date of manufacture. 
(6} Giv(: Su:TiciEnt infomHltion to identify the ir..frir:.6'ing copies incbding the r.ame of th~~ 
publishers and ccuntry of publication, if known. If a particldar shipment is to be 
prohibited insert details of that shipment. If all importations of whatever source are 
to be prohibited this should be stated. If impo!1:ation of some copies only are to be 
prohibited provide details of the source of those copies. IPINIlffTOIC/2 
Page 12 
I, Regulation 3(3) 
FORM 3 
Copyright Act, 1997 
Statutory Declaration 
of 
do Eo18mniy declare that the contents I)fthe Notice a:mexed he::-cLO arE t:Ci'~ a: .. d I make '~his 
dec~(jration con~cientiotlsly believing th'.'! sa:ne to bt: tnte and c:st:on:inf, :0 t~l.e prrNisi(ln[, of 
the Statutory Declaratic,ns Act, Chap 7:04" 
Signature 
Declared by the above-named 
this day of ,20 
Before me, 
Comm~ssioner of Affida'ylts 
Regulation 11 
FOru.14 
Copyright A.ct, 1997 
Notice of Seizure of Infringing Copies 
Th: 
(importer) 
of 
NonCE is he~eby given that the copies specified in the Schedule hereto have been sehed 
pursuant to se<:tion 48 of the Copyright Act, 1997. 
SCHEDULE 
The Coroptroilr:;r of Customs a11d Excise FoR.\\ 5 
Copyright A.ct, 1997 
:"Jotice of Seizure of Infringing Copies 
To: 
(nu'ner I agent of o u.m er) 
of 
Re: 
Pursuant 'co Notice of Illlportation dater.: IPINIlmOlC/2 
Page 13 
Regulation 11 
N'J1:'lCS ~s hereby g;ven that the copies specified in :he above-mentioned N'o:ic2 bave been 
seized puriSu.:mt t.o section 48 of the Copyright Act, 1997, 
The importer of the copies is 
of 
T A.KE ~ OT1C2 that the said copies may be released to the importer for any of the l'eE~30n3 
spedfiecl iYl f8gulation 11: of the Copyright (Customs) Regulations, 2000 
The Comptroller of Custo;:ns aJ'.d Excise 
Regulation 12 
FOR.\16 
Copyright Act, 1997 
Notice of Refusal to Seize 
To: 
(owner I agent of owner i 
of 
Re: 
P-.l"':'5uant to .:l'otir.e of Importation dated: 
NOTICS is hereby given that the copies specified in the above-iLentioned Notice have not 
been Seized for the following reason(s). 
The Comptroller of Customs and Excise IP!N1l fTTO/C/2 
Page 14 
Regulat!or: 14(l )(ai(ii) 
FOlL"! 7 
Copyright Act, 1997 
NoHce of Action for Infringement of Rights in Copyright 
or Neighbouring RightB 
To: The Co::nptroller of Cu~,toms and Excise 
·Pur:"uant to Kotice of ImpodaUon dated: 
of 
bp.ing the OWT,i:'f ()f the copies seized pursuant to th"3 abD'II'!-rnentin:l2C ~~otic~ hl'l'e8~( gi'.'e 
notiea thz.t tAction NoJOrder No. 
was comrnenc8rl 1made on 
in the t 
with re::pcct to the infringement c.f copyright/neigr.bnuri!1g !'ig-hLs if; the work or s.Y.md 
recording to which the abov3-me!1tior..ed Notice :-elates 
Date ..................................... . Signature t ............................................ . 
--------------- '-._._._--
... Briefly stat.e :he nmne of th;:: work'sound recording to which the ?-io:ice c81ates. 
U If a r.atural person insert. the persor:1's full name. If a ::Ur.1pa::1Y or body insert the 
company or body';:, full name . 
. ~ Insert the numlll.'!r ofthe 9.ction or order and the full Dame of the CO'.l:-1: U:: they appear in 
documents filed with the Cou:....-J:. or issued by t.he Court. Attach a COl-'Y of all cl()cum'~nts filed 
with the Court or a copy of the order issued by the Court. 
+ If notice is given by a company or body insert the name and posit~on of the ~.ign8tory in. 
the company or body. FORM 8 IPIN/lffTO/C/2 
Page 15 
Regulation 14(J.)(a)(iii) 
Copyright Act, 1997 
Notice of Consent to ReJease of Copies 
To: Th,~ Comptroller of C'lstOIT..S and Excise 
Re: 
.. Pursuant to :';otiCB of Importation dated: 
** I/\Ve 
of 
being tht: ovmer of the L'opies seized pursuant L) the abOVe-mentioned -:\0tice hereby 
COfl:'ent. to the release of the said copies/t.he copies specified hereuncier: t 
Description of COptf!S Number 0(Pcdages 
Date ...................................... . Signature :\: ........................................... . 
.. Briefly s:ate the name ef the work/sound recording to which the Notice reLte'3 . 
..... If a natural person insert the person's full name. If a company or bedy i:1sen :be 
company or bod)"s full name. 
t Insert the description of the copi.~s and the number of packages, ifknovm. 
t If notice is given by a company or body insert the na.'"Tl·} and position 'jf the sigr.atvry it: 
the company or body. 
Made by the Ministe:r this 14th day of January) 2000. 
R. L. MARARA..J 
Attorney General 
and A1inister of Lege! Affairs 
Laid in the House of Representatives this 21st day of January, 2000. 
J. SAMPSON-JACENT 
Clerk of the House 
Laid in the Senate this 25th day of Sanuary, 2000. 
N.COX 
Clerk o(the Senate