RESTRICTEDWORLD TRADE
ORGANIZATIONIP/Q/TTO/1
IP/Q2/TTO/1
IP/Q3/TTO/1
IP/Q4/TTO/1
1 August 2000
(00-3160)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
TRINIDAD AND TOBAGO1
The present document reproduces the introductory statement made by the delegation of
Trinidad and Tobago, the questions put to it and the responses given in connection with the review of
legislation undertaken at the Council's meeting of 26-29 June 2000.2
_______________
I. INTRODUCTORY STATEMENT
The TRIPS Agreement brought the issue of the protection of intellectual property rights to the
centre-stage of international economic relations.  It  made intellectual property protection an integral
part of the multilateral trading system, placing obligations upon member countries, albeit withinvarying transition periods, to effectively legislate for and enforce intellectual property rights.
When Trinidad and Tobago signed on to the Uruguay Round Agreements in 1995, the
country's laws pertaining to the administering and protection of Intellectual Property Rights, did not
meet the obligations enshrined  in the TRIPS Agreement.
In 1994 the laws in existence dealing with the protection of Intellectual Property Rights were:
1. the Patents and Designs Act (Act 10 of 1900 now found in Chapter 82:83 in the laws
of Trinidad and Tobago) based upon Ordinance no. 25 of 1867;
2. the Trade Marks Act, based on Act 11 of 1955.  This Act is based upon the 1938
United Kingdom Trade Mark Act.  It has been amended a few times, the most majoramendment being No. 17 of 1994 which introduced the protection for Service Marks
and allowed for the publication of Trade Marks for the purpose of advertising in a
daily newspaper.  This amendment also repealed the old schedule III of the British
Classification and replaced it with the International Classification of goods and
services;  and
3. the Copyright Act, 1985.
                                                     
1 As regards laws and regulations notified by Trinidad and Tobago under Article 63.2 of the
Agreement, reference is made to documents IP/N/1/TTO/1, IP/N/1/TTO/C/1 and 2, IP/N/1/TTO/D/1 and 2,IP/N/1/TTO/G/1 and 2, IP/N/1/TTO/L/1 and 2, IP/N/1/TTO/P/1, 2 and 3, IP/N/1/TTO/T/1, IP/N/1/TTO/U/1 andIP/N/6/TTO/1.
2 The minutes of this meeting have been circulated as document IP/C/M/27.IP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 2
Having signed on to the Uruguay Round Agreements and hence to the TRIPS Agreement,
Trinidad and Tobago had to, in some instances, amend its legislation to introduce a higher standard of
intellectual property protection and in other cases, introduce new legislation.  Accordingly, the
following package of Intellectual Property laws were passed:
1. the Patents Act, 1996, (Act No. 21 of 1996);
2. the Industrial Designs Act, 1996 (Act No. 18 of 1996);
3. the Protection Against Unfair Competition Act, 1996 (Act No. 27 of 1996);
4. the Layout-Designs (Topographies) of Integrated Circuits Act, 1996 (Act No. 19 of
1996);
5. the Geographical Indications Act, 1996 (Act No. 20 of 1996);
6. the Trade Marks (Amendment) Act (Act No. 31 of 1996);
7. the Protection of New Plant Varieties Act, 1997 (Act No. 7 of 1997);
8. the Copyright Act, 1997 (Act No. 8 of 1997);
9. the Copyright (Customs) Regulations, 2000;  and
10. the Intellectual Property Miscellaneous (Amendment) Act.
Delegates may wish to note that by Act No. 18 of 2000, cited as the Intellectual Property
(Miscellaneous Amendment) Act, 2000, and assented to on 15 June, 2000, a number of amendments
were introduced to the Geographical Indications Act 1996;  the Patents Act 1996;  the Protection
Against Unfair Competition Act, 1996;  the Layout-Designs Act (Topographies) of Integrated Circuits
Act 1996;  the Protection of new Plant Varieties Act 1997;  and the Copyright Act 1997.
It should be notes that for the purposes of this review of its TRIPS implementing legislation,
Trinidad and Tobago received:
(i) eight (8) questions from Japan to which written responses were submitted through the
Permanent Mission, Geneva.;
(ii) thirty-three (33) questions from the European Communities and their member States
to which written responses were submitted through the Permanent Mission, Geneva;
(iii) sixty-four (64) questions from the United  States of America, with most of the
questions being concentrated in the area of the enforcement of intellectual propertyrights, to which once again written responses were forwarded through the Permanent
Mission, Geneva;  and
(iv) two (2) questions from Canada.
I now propose to take each piece of legislation separately to advise you what had to be done
in order to make the existing legislation compatible with the TRIPS Agreement.IP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 3
A. PATENTS
Let me begin with the legislation which established the Intellectual Property Office in
Trinidad and Tobago:  the Patents Act, 1996.
Before the proclamation of the Patents Act, 1996, Trinidad and Tobago inherited and
maintained a "simple registration" system.  The Patents Act, 1996 introduced a full examination
system, which allowed the State to ensure that the applicant meet the criteria of novelty, inventiveness
and industrial applicability before awarding a patent.  It is worthy to note, in March 1994, Trinidad
and Tobago acceded to the Patent Cooperation Treaty (PCT) and became a receiving office for
international patent applications.
Some of the major clauses of significance are clauses 3, 4 and 5 of the Act.  These provisions
established the Intellectual Property Office as a new entity.
The Patents Act addresses primarily the administration of patents.  It should be noted the
Intellectual Property Office, as established, is also required to administer all the other areas ofintellectual property previously identified.  Clause 29 of the Act begins to suggest a greater volume of
accounting activity to manage a new fee structure and  this is later supported by Clause 87 which
requires the Controller to submit an annual report, to be laid before Parliament by the Minister.
The payment of monies is a new function of particular importance.  Under the obligations of
the Patent Cooperation Treaty (PCT), the Intellectual Property office is obliged to transfer monies to
the World Intellectual Property Organization (WIPO) as well as the International Search and
examination Authorities selected by the applicant.  The Search and examination Authorities which we
have established an arrangement with are:
(1) the Swedish Office;
(2) the Austrian Office;
(3) the United States Patent and Trademark Office (USPTO);
(4) the European Patent Office;  and
(5) the World Intellectual Property Organization (WIPO).
Our Patents Act, 1996 complies with our obligations under the TRIPS Agreement vis-à-vis
patents and as such has provisions dealing with patentable subject matter, the exclusive rightsconferred on its owner, the conditions on patent applications, other use without authorisation of the
right holder, revocation, forfeiture, term of protection and process patents.
B. T
RADEMARKS
Let us now turn to our Trade Marks (Amendment) Act, 1996 which sought to provide further
improvements to the existing Trade Marks Act.  The Act:
1. clarifies that the shape of goods or of their packaging and can be used as a trade or
service mark;
2. addresses the use of similar marks for related goods or services;IP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 4
3. recognizes that allowing the use of an existing mark or sign as part of a new mark still
allows unfair advantage to be taken of the goodwill of the existing mark or the
goodwill associated with an individual, enterprise or institution;
4. recognizes that generic terms, like trade terms, should not be excluded from the public
domain;
5. allows agreement to be arrived at between entrepreneurs on the use of similar marks;
and
6. acknowledges that there are restrictions to the use of a mark that may be outside of
the legitimate control of the proprietor.
The current Act limits infringement to use of a similar mark in relation to any goods in
respect of which a mark is registered.  This does not explicitly exclude infringement by the use of a
similar mark for similar or related goods.
If you look at the copies of our law, which ha d been circulated, you will note that Articles 16
to 21 of the TRIPS Agreement are provided for in the substantive law and amendments proposed with
respect to Trade Marks in Trinidad and Tobago.
C. GEOGRAPHICAL INDICATIONS
Insofar as geographical indications are concerned, no law existed for its protection.  In order
to comply with our TRIPS obligations, the Geogra phical Indications Act, 1996 (Act No. 20 of 1996)
was passed.  This piece of legislation incorporated Articles 22 to 24 of the TRIPS Agreement.
The Act was designed to provide for a system of protection of geographical indication that is
uncomplicated and one which complies with our international obligations.  The Act is divided into
five parts:
1. preliminary and related matters;
2. protection of Geographical Indications generally;
3. registration of Geographical Indications in Trinidad and Tobago;
4. in the light of the possible overlap with the protection of trademarks, with special
provisions relating to Marks;  and
5. regulations.
The subject matter of protection is broader than appellation of origin because it is not limited
to indications for products whose quality is influenced by or is essentially attributed to theirgeographical origin; and comprises also indications were the reputation or other characteristic of the
goods is attributed to their geographical origin.  It is also meant to cover what is sometimes referred to
as "traditional designations," that is, designations that indicate a geographical origin but which are not
composed of a geographical name as such (e.g., "Ouzo", "Grappa" or "Muscadet").
Some important Sections to note are:- section 3 which states explicitly that civil proceedings may be instituted to prevent
unlawful use of geographical indications;IP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 5
- section 4 which deals with the availability of protection and establishes the principle
that protection is available irrespective of registration in Trinidad and Tobago;
- section 5 deals with homonymous indications for wines.
Provision is also made for indications which may not be protected.Criminal Sanctions are provided for the deliberate and wrongful use of geographical
indications.
D. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
Another area in which Trinidad and Tobago had no existing legislation and therefore had to
introduce new legislation to comply with our obligations is for the protection of layout-designs
(topographies) of integrated circuits.  The Act has incorporated Articles 35 to 38 of the TRIPS
Agreement.
It should be noted that there is great emphasis in the Act on the exploitation of the Intellectual
Property for "commercial" purposes.
The Act recognizes the difficulties that exist in determining whether or not a product contains
an illegal produce copy of the layout-design.  It allows, in Section 9(3)(d) for the equitable settlement
of such innocent infringement.
The Act places the discharge of the functions related to the application in the hands of the
Controller of the Intellectual Property Office.  These functions are related to a simple registrationsystem which does not require a substantive examination of the layout-designs.  This greatly
simplifies the requirements for implementation.
Section 12 of the Act provides the opportunity for an interested person to apply to the Court
to have the registration of a layout-design cancelled.  The significance of cancellation is that its effect
is retroactive to the date from which protection was accorded.
E. I
NDUSTRIAL DESIGNS
As far as protection for designs is concerned, the definition of a "Design" in the current Patent
and Designs Act, No. 10 of 1900 (Ch.82:83) wa s derived from the Designs Act of 1842 of the
United Kingdom.  That provision did not any l onger meet the requirements and obligations of
Trinidad and Tobago in today's environment of international trade and cooperation.  Therefore, takingthis into consideration and Articles 25 and 26 of the TRIPS Agreement, the Industrial Designs Act,
1996, (Act No. 18 of 1996) was proclaimed into law.
It is critical to understand that the protection that the Act seeks to provide is for those visible
aspects of a product that are in no way related to its utilitarian function.  The protection provided bydesign legislation is not for the product itself.  The product and those elements of the product that are
required in the design for the purpose of attaining a technical result are more appropriately protected
under patent legislation.  It is partly for this reason that a separate Act was  created.  The definition of
industrial design in Section 3 of the Act reflects this specification.
Perhaps the best known contemporary example of an industrial design is the shape of the
Coca-Cola bottle (registered in Trinidad and Tobago in 1937).  Bottles and other containers are a
significant area of application of industrial design effort.IP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 6
It is also important to note that a design must be applied to utilitarian articles, described in
Section 3(1) as "…a product of industry or handicraft …", in order to be protected.  This is one of the
main features of industrial design protection.  Without this feature design protection would be more
appropriately sought under the copyright legislation.
In the context of copyright legislation, another feature of industrial design legislation is the
wider scope of the rights accorded to the proprietor of a validly registered industrial design.  Whereas
copyright legislation accords the creator the right to prevent the copyright of a work, industrial design
legislation accords to the proprietor the exclusive right to prevent the unauthorized exploitation of the
design in industrial articles.
Although the Act identifies universal originality as the main criteria for protection of a design
(Section 4(1), (2) and (3), it requires the Controller of the Intellectual Property Office to only examine
the formality of the application, to determine whethe r the design satisfies the definition required and
to determine that it is not contrary to good order an d morality.  As with copyright, to determine if a
design creation is universally novel is unlikely to be cost effective.  The burden of proof is therefore
placed on the applicant if proof is required, for example, by the Court.
F. PLANT VARIETY PROTECTION
Trinidad and Tobago has elected to introduce separate legislation for new plant varieties.   It is
a member of the 1978 UPOV Convention.  Through the Intellectual Property system, Trinidad and
Tobago allows wide legitimate access to the New Varieties of Plants, diminishes what could be a
major disincentive to intellectual effort in this area of development and avoids duplication of
expensive research by requiring public disclosure of information on the new variety.
In developing the legislation it was important that we recognize that breeders too, must have
access, and easy access to new plant varieties so that they can carry on the work of continuous
improvement.  The scope of the rights allowed in the legislation is restricted to commercial
transactions involving the material concerned.  The farmer's privilege and the breeder's exemption are
not affected by the legislation and farmers and breeders can therefore use the material in their
traditional manner.
G. PROTECTION AGAINST UNFAIR COMPETITION
Protection against unfair competition has been recognized as forming part of the Industrial
Property protection for almost a century.  This recognition, is as first manifested by the insertion of
Article 10 bis in Industrial Property which obliged members to provide for protection against unfair
competition.  The same obligation exist under Article 2 of the TRIPS Agreement by which MemberStates of the World Trade Organization (WTO) are obliged to comply with Article 10 bis of the Paris
Convention.  Trinidad and Tobago has introduced se parate legislation to provide for the protection of
undisclosed information.
The Act establishes a right to protection against acts of unfair competition.  Section 9 is based
on Article 39 of the TRIPS Agreement which deals with secret information.  As soon as valuable
secret information is disclosed to the public with out the consent of the right holder, the latter risk
loosing the economic value of that information, including both its licensing value and its competition
value.  Absolute secret is not required.  The information is considered secret as long as it is not
generally known or readily accessible to persons within the circles that normally deal with that kind ofinformation.IP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 7
Section 9(4) corresponds to Article 39.3 of the TRIPS Agreement and exceptions are also
provided for.
H. COPYRIGHT AND RELATED RIGHTS
Some of the objectives of the 1997 Copyright Act were:
1. to bring the law up-to-date by the use of language and definitions which are
appropriate to both old and new technologies, and to anticipate future developments
in the "hi-tech" industries;
2. to make the copyright system more "user-friendly", by laying down clear and,
whenever possible, uniform legal principles for all classes of copyright work, so that
owners and users are aware of their rights;  and
3. to bring Trinidad and Tobago's law into line with international conventions, not
because of imposition by neo-imperialistic forces but, out of sheer necessityoccasioned by being a member of the interdependent global village that is the world
today, more so in the area of copyright, where sound waves and satellite transmissions
make mockery of our insular status.
In the area of copyright, due to the rapid development of technology, the national resources,
indigenous culture and creative efforts of the nationals of Trinidad and Tobago are becoming more
and more easily accessible to the international Community and as a consequence, can be exploited
and pirated more easily.  It became necessary therefore to revise our 1985 copyright legislation.
The 1997 Copyright Act took into account and incorporated Articles 9 to 14 of the TRIPS
Agreement.  Many of the concepts and provisions of the 1985 Act were retained with the appropriate
amendments.
I. E
NFORCEMENT
With respect to enforcement, as was reported  in the check list of issues on enforcement,
Trinidad and Tobago inherited its legal system from the United Kingdom.  Consequently, Trinidad
and Tobago has a "common law" legal system as opposed to a civil law legal system.  The system forthe enforcement of all rights in general is provided through a contribution of legislation and the
common law.  Intellectual property rights in Trinidad and Tobago are private rights and consequently,
the onus of enforcing these rights lies with the right holder.
The Supreme Court of Judicature which comprises the High Court and Court of Appeal with
the final Court of Appeal being the Judicial Committee of the Privy Council in London are the courts
which have jurisdiction over Intellectual Property Right infringement cases.
Remedies which may be ordered by the Courts and the criteria, legislative or jurisprudential,
are very explicitly dealt with in our response to question 5 of the Checklist of Issues on Enforcement.
3
There are provisions dealing with the length of cost of proceedings.  Our responses to questions 10,
11, 12 and 13 also deal with judicial measures and our response to question 14 with administrative
measures.  Provision is also made for special requirements relative to border measures and this is
comprehensively dealt with in our response to question 15 for both copyright and trademark
infringement.  Criminal procedures are dealt with in our responses to questions 20 – 24.
                                                     
3 Document IP/N/6/TTO/1.IP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 8
J. FURTHER AMENDMENTS
The Intellectual Property Miscellaneous Amendment Bill, 2000, among other things,
introduces further amendments to:
- the Geographical Indications Act, 1996 (Act No. 20 of 1996);  and
- the Patents Act, 1996 (Act No. 21 of 1996).These two previous amendments do not affect our TRIPS obligations, but an amendment to
the Protection Against Unfair Competition Act, 1996 (Act No. 27 of 1996) does.  Section 4(2) of the
Act is amended to allow any natural or legal person damaged by the Act of Unfair Competition totake action under the Act.  A new sub-section 5 is also added to Section 9 which clarifies the
prohibition against the unfair commercial use of secr et test or other data and provides for a minimum
period during which protection may be obtained.  Assented to by both Houses of Parliament, the Act
will be proclaimed shortly.
K. I
NTERNATIONAL TREATIES
Finally, I would like to inform you of the International Treaties on Intellectual Property to
which Trinidad and Tobago is a party:
- the Paris Convention for the Protection of Industrial Property (1883);
- the Patent Cooperation Treaty (PCT) (1970);- the Strasbourg Agreement concerning the International Patent Classification (1971);- the Budapest Treaty of the International Recognition of the Deposit of
Microorganisms for the Purposes of Patent Procedure (1977);
- the Nice Agreement concerning the International Classification of Goods and
Services for the Purposes of the Registration of Marks (1957);
- the Locarno Agreement establishing an International Classification for Industrial
Designs (1968);
- the Berne Convention for the Protection of Literary and Artistic Works (1886);
- the Geneva Convention for the Protection of Producers of Phonograms against
Unauthorized Duplication of their Phonograms (1971);
- the Vienna Agreement establishing an International Classification of the Figurative
Elements of Marks (1973);
- the Brussels Convention relating to the distribution of Programme-carrying signals
Transmitted by Satellite (1974);
- the Union for the Protection of New Plant Varieties (UPOV);  and- the Trademark Law Treaty (TLT).
We are also actively considering Accession to the WIPO Copyright Treaties.IP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 9
II. RESPONSES TO QUESTIONS POSED BY CANADA
1. What recourse do right holders have in respect of wilful trademark counterfeiting or
copyright piracy on a commercial scale, as required by Article 61?
All right holders may assert their  rights through civil proceedings as explained in Trinidad
and Tobago's response to question 1 of the Checklist of Issues on Enforcement.4
Further, please refer to our response to question 21 of the Checklist of Issues on Enforcement.
This response reads as follows:
An offence of trademark infringement is committed under section  66A of the Trade
Marks Act.  The detailed provisions of this enactment can be summarized as applying when
there has been unauthorized use of a registered trademark (or of a mark likely to be mistaken
for such a mark) by way of application of such mark to goods or to their packaging, or by the
sale, possession, custody or control of such goods, or where such mark, or where a person haspossession, custody or control of such goods, or where such mark is applied to labeling or
packaging of goods, or used in a business paper or in advertising in relation to goods,
provided in each case that the action has been taken "with a view to gain for himself or
another, or with intent to cause loss to an other" and, anyway, without the consent of the
proprietor.
These offences are also extended to possession, custody or control of material for use
in labelling, packaging or advertising goods  bearing such a mark;  and to the making,
possession, custody or control of articles specifically designed or adapted for making copies
of such mark, provided in each such case that the activity has been "in the course of business".
However, no offence is committed under these summarized provisions unless the
goods in question are goods for which the mark is registered or unless the trademark has such
a reputation in Trinidad and Tobago that its unauthorized use would take unfair advantage of,
or be detrimental to, the distinctive character or the repute of the trademark;  an also where
the defendant is able to show that he believed on reasonable grounds that his actions did not
involve a (civil) infringement of the trademark registration.
An offence of infringement of copyright or neighbouring rights is committed under
the provisions of section 41 of the Copyright Act 1997.  Under this provision, an infringement
of any right protected under the Act for profit-making purposes committed by a defendant
who "knows or has reason to believe" that he is infringing is an offence".
Our response to question 24 of the Checklist of Issues on Enforcement is also instructive.  It
reads:
COPYRIGHT: under section 41 of the Copy right Act, the penalty for infringement
for profit-making purposes by a person knowing or having reason to believe that he is
committing an infringement, in summary conviction is a fine of TT$100,000 and to ten years
imprisonment. The Magistrate can increase the penalty to $200,000 for a new act of
infringement within five years of a previous conviction for infringement.
Where there has been no decision on such remedies in civil proceedings, the
Magistrate has the authority to order the impounding of suspected copies of works on sound
                                                     
4 Document IP/N/6/TTO/1.IP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 10
recordings, as well as the packaging of the implements that could be used for the making of,
and the documents, accounts or business papers referring to such copies;  to order the
forfeiture and seizure of all copies of works or sound recordings manufactured, reproduced,
distributed sold or otherwise used, intended for use or possessed with intent to use incontravention of the rights of the owner and all plates, moulds, masters, tapes, film negatives
or other articles by means of which such copies of works or sound recordings may be
reproduced and all electronic, mechanical or other devices for manufacturing, reproducing or
assembling such copies of works or sound recordings; to order the destruction or other
reasonable disposition of infringing copies and their packaging outside the channels of
commerce; where there is danger that implements may be used to commit or continue to
commit acts of infringements, to order their destruction or reasonable disposition outside thechannels of commerce.
Where an offence under section 41 committed by a body corporate is proved to have
been committed with the consent or connivance or attributable to neglect on the part of any
director, manager, secretary  or person purporting to act in any such capacity, he as well as thebody corporate is guilty and liable to the above penalties.
TRADEMARKS:  under section 66(A)(1) of the Trade Marks Act it is an offence for
a person to apply to goods or their packaging  a mark identical to or likely to be mistaken for
a registered trademark, sell or let for hire, offer or expose for sale or hire or distribute goodswhich bear or the packaging of which bears such a mark, has in his possession, custody or
control in the course of a business any such goods with a view to the doing of anything by
himself or another which would be an offence as mentioned above.
Under sub-section (2) it is an offence for a person to, with a view to gain for himself
or another, or with intent to cause loss to another, and without the consent of the proprietor to
apply a mark identical to, or likely to be mistaken for a registered trademark, for labeling or
packaging goods, advertising goods or as a business paper in relation to goods;  or uses in the
course of business material bearing such a mark for labeling or packaging goods, as a
business paper in relation to goods, or for advertising goods;  or has in his possession, custody
or control in the course of a business any such material with a view to the doing of anything,
by himself or another which would be an offence mentioned above.
Sub-section (3) makes it an offence for a pers on who, with a view to gain for himself
or another, or with intent to cause loss to another and without the consent of the proprietor to
make an article specifically designed or adapted for making copies of a mark identical to, or
likely to be mistaken for, a registered trade  mark;  or has such an article in his possession,custody or control in the course of business;  knowing or having reason to believe that it has
been, or is to be, used to produce goods, or material for labeling or packaging goods, as a
business paper in relation to goods, or for advertising goods.
The court has power to forfeit counterfeit goods on the application of a person under
the section. On such forfeiture, the court can order the destruction of any such goods;  or
cause the offending sign to be erased or obliterated and make an order for costs.
Where an offence under this Act is proved to have been committed with the consent
or connivance of, or to be attributable to any neglect on the part of, a director, manager,secretary or other similar officer of the body corporate or any person purporting to act in any
such capacity, he as well as the body corporate, shall be guilty of that offence and shall be
liable to be proceeded against and punished accordingly.
2. What protection does your copyright legislation afford to foreign  works?IP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 11
Under section 54(2) of the Copyright Act, 1997  ("the Copyright Act") Trinidad and Tobago
provides protection for works that are protected in Trinidad and Tobago by virtue of and in
accordance with any International Convention or In ternational Agreement to which Trinidad and
Tobago is party.  This includes the WTO TRIPS Agreement.
Section 55(4) of the Copyright Act provides similar protection for performers, producers of
phonograms and broadcasting organisations protected by virtue of and in accordance with any
international convention or other international agreement to which Trinidad and Tobago is party.
These same sections therefore provide national treatment and most-favoured-nation treatment.
Furthermore section 54(1)(b) extends protection to "works first published in another country and also
published in Trinidad and Tobago within thirty days, irrespective of the nationality, residence or
domicile of their authors".  Whilst section 55(1)(b) extends protection to:
"performers who are not nationals or residents of, or domiciled in, Trinidad and
Tobago but whose performances:
- take place in the territory of Trinidad and Tobago;- are incorporated in sound recordings that are protected under this Act;  or
have not been fixed in a sound recording but are included in broadcasts which
qualify for protection under this Act."
III. RESPONSES TO QUESTIONS POSED BY THE EUROPEAN COMMUNITIES AND
THEIR MEMBER STATES
A. C
OPYRIGHT AND RELATED RIGHTS
1. Please explain how cinematographic works a re 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 first publication;IP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 12
(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;  or
(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 thelegitimate interests of the copyright owner;
(b) Importation of up to three 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.
Follow-up question:
Please explain how section 19(3) of the Copyright Act 1997 complies with Article 7 of the
Berne Convention compared to cases where the duration of the term of protection of a work
(life of author plus 50 years) exceeds 75 or 100 years, respectively.
An amendment to the section was proposed to the Chief Parliamentary Counsel and will be
dealt in a general amendment to the Copyright Act 1997,  in order to ensure conformity with the Berne
Convention.
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 packaging of goods or their shape
provided, however, that the trademark does not exclusively consist of the shape whichIP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 13
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:(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 beregisterable 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 determining
whether 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 Sect ion 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 eligible
for 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.IP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 14
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 sections 10(3) and 11(2), use of a mark in coming to a decision
on distinctiveness
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 bis 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 indicati ons 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 authorities (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 ofgeographical indications performs a relevant role of protecting the interests and the rights of
consumers.  Where producers fail to initiate the necessary formal proceedings, consumers and
competent authorities may do so .IP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 15
13. Please define "interested person" 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'.  N onetheless, 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 the
notion of locus stand as a right to seek relief from a court of justice on a given question.
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 ageographical 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 orother 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 allow
the interpretation of "appellation of origin" to be the same as the definition of geographical indication.
An amendment will be made.
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 III
section 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 theregistration 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. I
NDUSTRIAL DESIGNS
17. Please give examples how or explain the defi nition 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.IP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 16
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 would
include textile designs. Section 6(7) of the Act facilitates the registration of designs relating to thesame 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 theIndustrial Designs 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, wheth er or not there is any provision by which your
legislation could provide for the right to issu e 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. P
ATENTS AND PLANT VARIETY PROTECTION
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 Pate nt 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.IP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 17
Under Article 4 of the TRIPS Agreement, members are required to extend the privilege
provided in Section 21 to all members of the WT O 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
amendment of Section 20(1) is preferred and therefore being considered in order to comply withArticle 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 deta il, in particular, the law requirements for use.
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 similarrequirement 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 the 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 the grounds
of public interest or infringement of competition law are to be taken by the Minister, subject to
judicial review.  The possibility of review appl ies 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.IP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 18
The Patent Act, 1996 does not contemplate the possibility of cross-licensing 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?
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 ma de 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-D esigns (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 a
practice 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 fullcompliance 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 possibleIP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 19
only upon request by the right holder. Can the Mi nister 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) Layou t-Designs (Topographies) of Integrated Circuits
Act, 1996.  Also if there was commercial exploitati on prior to the filing of  the application in the
requested time frame of Section 3(2) Layout-Des igns (Topographies) of Integrated Circuits Act,
1996.
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 toa two-year long exploitation.  If the layout-design has been exploited for a longer period prior to the
date 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 beforethe 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 by
the TRIPS Agreement.
G. P
ROTECTION 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 mentioned in Article 9(4)(b) of the Patent
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/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 20
IV. RESPONSES TO QUESTIONS POSED BY JAPAN
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain how the protection is provide d for works, phonograms, performances and
broadcasts from other WTO Members under the Law on Copyright and Neighbouring Rightsof Trinidad and Tobago (hereinafter referred  to as "Copyright and Neighbouring Rights
Law").  Please describe the provisions of the Copyright and Neighbouring Rights Law which
provide for the national treatment and mo st-favoured-nation treatment as required by
Articles 3 and 4 of the TRIPS Agreement as well as Article 9.1 of the Agreement which
incorporates Article 5(1) of the Berne Convention.
Under section 54(2) of the Copyright Act, 1997  ("the Copyright Act") Trinidad and Tobago
provides protection for works that are protected in Trinidad and Tobago by virtue of and inaccordance with any International Convention or In ternational Agreement to which Trinidad and
Tobago is party.  This includes the WTO TRIPS Agreement.
Section 55(4) of the Copyright Act provides similar protection for performers, producers of
phonograms and broadcasting organizations protected by virtue of and in accordance with anyinternational convention or other international agreement to which Trinidad and Tobago is party.
These same sections therefore provide national treatment and most-favoured-nation treatment.
Furthermore, section 54(1)(b)  extends protection to "works first published in another country and
also published in Trinidad and Tobago within thirty days, irrespective of the nationality, residence ordomicile of their authors".  Section 55(1)(b) extends protection to:
"performers who are not nationals or residents of, or domiciled in, Trinidad and
Tobago but whose performances:
(i) take place in the territory of Trinidad and Tobago;(ii) are incorporated in sound recordings that are protected under this Act;  or
(iii) have not been fixed in a sound recording but are included in broadcasts
which qualify for protection under this Act."
2. Please explain exceptions or exemptions of  the national treatment and most-favoured-
nation treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
No exemptions are provided by Trinidad and Tobago.
3. Please explain whether and how Trinidad and Tobago provides retroactive protection to
works, phonograms, performances from other WTO Members, as required by Articles 9.1, 14.6,
and 70.2 of the TRIPS Agreement which apply, mutatis mutandis, Article 18 of the
Berne Convention.  Please indicate the date to which such protection extends back with respect
to each category of subject-matter.
Under Section 4 of the Copyright Act, retroactive protection is provided to works,
phonograms and performances made before 1 October 1997 (the date of coming into effect of the
Copyright Act) provided that the term of such protection under the previous Act of 1985 had not
expired, or in the case of works, had not expired under the law of the country of origin of such works
that are protected under any international convention to which Trinidad and Tobago is party.IP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 21
4. Please explain whether protection of "computer programs" under the Copyright and
Neighbouring Rights Law covers computer programs in both source and object code, as
required by Article 10.1 of the TRIPS Agreement.  Are those computer programs protected asliterary works in accordance with Ar ticle 2(1) of the Berne Convention?
The definition of "computer program" in section 3 of the Copyright Act covers computer
programs in both source and object code.  Section 3 of the Copyright Act states, inter alia :
"…  'computer program' is a set of instructions expressed in words, codes, schemes
or in any other form, which is capable, when incorporated in a medium that the
computer can read, of causing a computer to perform or achieve a particular task orresult;"
Under section 5(1)(a) computer programs are protected as literary works.  Section 5(1)(a) of
the Copyright Act states, inter alia :
"Copyright is a property right which subsists in literary and artistic works that are
original intellectual creations in the literary and artistic domain, including in
particular:
(a) books, pamphlets, articles, computer programs and other writings; …"
5. Please clarify whether "database" under the Copyright and Neighbouring Rights Law
includes compilation of data in machine-readab le form.  Please explain how the Law complies
with Article 10.2 of the TRIPS Agreement in this respect.
Databases are protected as derivative works under section 6 of the Copyright Act, which
provides in parts as follows:
"(1)(b) collections of works and collections of mere data (data bases), whether in
machine-readable or other form, provided that such collections are original by reason
of the selection, coordination or arrangement of their contents.
(2) The protection of any work referred to [above] shall be without prejudice to
any protection of a pre-existing work incorporated in or utilized for the making of
such a work."
B. E
NFORCEMENT
6. Please indicate the remedies which the judi cial authorities order regarding intellectual
property rights, including injunctions, damages, expenses, destruction or disposal of infringing
goods, materials or implements for their producti on.  Please explain the criteria for and the way
of calculation to decide the amount of the damages which judicial authorities order to the
person who infringes intell ectual property rights to pay to the right holder.
See Trinidad and Tobago's answer to Checklist of Issues on Enforcement, question 5.5
7. Please indicate titles of laws and regulations and their provisions in which the
suspension of the release of counterfeit tradem ark of pirated copyright goods is prescribed, as
                                                     
5 Document IP/N/6/TTO/1.IP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 22
stipulated in Article 51 of the TRIPS Agreement.   Please explain types of intellectual property
rights about which the suspension can be ma de upon an application by a right holder.
See Trinidad and Tobago's answer to Checklist of Issues on Enforcement, question 15.
8. Please explain the kind and amounts of criminal penalties including imprisonment and
fines regarding intellectual property rights.  In  particular, are the crimes persecuted only when
the injured party has made a formal accusation?  Please also explain whether penalties are
consistent with Article 61 of the TRIPS Agreement which requires the penalties to be sufficient
to provide a deterrent, consistently with the level of penalties applied for crimes of a
corresponding gravity.
See Trinidad and Tobago's answers to Checklist of Issues on Enforcement, questions 20 to 24.
V. RESPONSES TO QUESTIONS POSED BY THE UNITED STATES
A. COPYRIGHT
1. Section 2 of Trinidad and Tobago's Copyright Act 1997 provides that "[t]his Act shall
have effect even though inconsis tent with sections 4 and 5 of the Constitution".  Please explain
the meaning of this provision and by what legal means it can supersede provisions of Trinidadand 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 therefore
required a two-thirds majority to become the Act as it stands today.  This is provided for bySection 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 of not less than two-thirds of all the members of each House."
B. T
RADEMARKS
2. What provisions of Trinidad and Tobago's laws or regulations provide for trademark or
service mark protection for any sign, or any comb ination 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 those 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 toIP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 23
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 Marks (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";
Trade Marks (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 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, 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 outrightrefusal).
(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).IP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 24
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.
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 unauth orized 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 of any 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 registereduser 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 mark identical 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, asimporting 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, the registration does not extend.IP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 25
"(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 expressed or implied consent 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 the 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 toindicate 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 thepurpose 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 or registered user has at any time expressed or implied consent 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 by registration 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 trademark
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 ifIP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 26
the effect in like manner 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 is deemed 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 Article 16.2
and 16.3 of the TRIPS Agreement and describe in detail the nature 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.
The Trade Marks (Amendment) Act 1996 provides protection for well known marks.
Section 6 amends the Trade Marks 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 ofthe registered trade mark are 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 knowledge in Trinidad and Tobago
obtained as a result of the promotion of the trade mark, in the relevant sector of thepublic that normally deals 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
Trade Marks (Amendment) Act 1996 which replaces section 25 of the Trade Marks Act:
 "25(1) A trademark shall be registered for a period of ten years of from the date of
registration.
.IP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 27
"(2) Registration may be renewed in accordance with section 25 A for further
periods of ten years."
C. GEOGRAPHICAL INDICATIONS
7. Please describe the provisions of Trinidad and Tobago's laws that provide protection for
geographical indications in accordance with Ar ticle 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 thosegeographical 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 such
indication 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?
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 other characteristic of the good is essentially attributable to itsgeographical 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 ofsuch product and the law under which they are protected.  Please cite those laws and, if the text
have not been notified to the WTO, plea se 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:IP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 28
(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 orthe 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 deems 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 and Tobago's laws that provide for protection
of independently created industrial designs that are new or original, as required by Articles 25
and 26 of the TRIPS Agreement?  Please cite those laws and, if the texts have not been notified
to WTO please notify them pursuant to Article 63.2.
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 for
obtaining 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).
13. 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-sections (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 anIP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 29
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 was
concluded.
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.
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 similarIP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 30
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 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 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 ofthe TRIPS Agreement).
16. Please identify the provisions of the Patents Act 1996 that make available judicial review
of decisions related to compulsory licences, 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.  A
specific 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 have 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, also
provides 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.IP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 31
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 no t 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. ENFORCEMENT – GENERAL PROVISIONS
19. Please briefly describe how the Government of Trinidad and Tobago meets the
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 of intellectual property ri ghts as required by Article 41.1 of the TRIPS
Agreement.
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 Property
infringement 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 thePrivy Council.  There are no limitations.
H. E
NFORCEMENT - 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 proceedings have been initiated against them.  Also,describe the type of information provided in the notice.  (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 theIP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 32
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) case s, 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 of 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 re quired 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 unsuccessful 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.
24. Please describe any limitations on a party's ability to substantiate a claim or to present
relevant evidence in civil judicial and administrati ve intellectual property cases.  (Article 42 of
the TRIPS Agreement)
There are no limitations .
25. Please describe the mechanisms for identify ing and protecting confidential information
in civil judicial and administrative intellectu al 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 pr operty 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 disclosu re 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 ad ministrative 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)IP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
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Please refer to our response to question 3 of the Checklist of Issues on Enforcement.
29. Do judges and administrative officials ha ve 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 such injunctions.  (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 take 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 relief identified and what are the
conditions imposed on obtaining such reli ef? (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 government, limiting the remedy for infringement
to payment of adequate remuneration as prov ided in Article 31(h).   Are there any such
limitations on remedies in th e laws of Trinidad and Tobago?
There are no such limitations.  Injunctions may be issued against the Government depending
on the circumstances of each case.
32. Please explain whether judicial  and administrative officials have the authority to order a
party found to be infringing to pay the right holder damages 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 da mages? (Article 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 infr inging goods) that judi cial and administrative
officials may impose in civil judicial and admi nistrative intellectual property cases, the
circumstances under which those remedies will be imposed.  What factors are considered indetermining 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 ofIssues 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
infringing goods 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.IP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 34
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.
I. ENFORCEMENT : PROVISIONAL MEASURES
36. Please identify the provisional measure available under their law of Trinidad and
Tobago to prevent an infringement of any intell ectual property right occurring and to preserve
relevant evidence in regard to an alleged infrin gement.  (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 "irreparab le harm" to the right holder.  (Article 
50.2 of the TRIPS Agreement);
(b) factors considered by judicial and ad ministrative authorities in determining
whether a "demonstrable risk of evidence being destroyed exists".  (Article 50.2
of the TRIPS Agreement).
(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 an
injunction is necessary because the plaintiff's case will otherwise be prejudiced and ifit 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 convenientwill 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 theintellectual property in question and that their ri ghts 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.IP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 35
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 court
to 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 altera parte, and what measures may be adopted inauditaaltera 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 therefore
question 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.
 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 revie w. (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 before such provisional
measures are granted for each type of intellectual property protected under the TRIPSAgreement (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 case are not initiated within a reaso nable time.  What constitutes a "reasonable time-
period" to initiate proceedings?  (Article 50.6 of the TRIPS Agreement)IP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 36
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 judici al and administrative officials have the authority to order
that the 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.
J. ENFORCEMENT – SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
47. Please identify the competent authority in  Trinidad and Tobago authorized to accept
applications for request to suspend release of su spected 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?
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 constitutes 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 authorit ies identified above are empowered to require
security or equivalent assurance. (Article 53 of the TRIPS Agreement).IP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 37
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 prop erty, if any, that 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 whic h an applicant/party may initiate proceedings
on the merits that will allow customs authorit ies 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.
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 de tained 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 enforcemen t 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.IP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 38
59. Please clarify whether de mimimis imports are excluded from the border measures
under the law of Trinidad and Tobago.  What cons titutes 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.
K. 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 effortsunderway by the enforcement authorities to provide time-limits or guidelines for certain stages
of the criminal investigations 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 IntellectualProperty.
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 arepreferred.
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 saidpremises.  Officers below the rank of Inspector must first obtain a warrant before entering and
searching 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 be
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 wasrecently 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 circumstances seizure, forfeiture and
destruction of infringing goods and any materials and implements are available as remedies inwilful 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, pate nt, 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 seized;  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 asIP/Q/TTO/1, IP/Q2/TTO/1,
IP/Q3/TTO/1, IP/Q4/TTO/1
Page 39
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 relat ed to criminal enforcement in the area of
copyright piracy and trademark infringement fo r each of the years 1998 and 1999, including the
number of raids, prosecutions, convictions, and th e amount of fines and/or jail terms (including
whether the fines were paid and whether the jail term was actu ally served or was suspended)
and any other information establishing that the criminal system operates effectively 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.  Suchdata 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 To bago, 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 drive
is proving to be useful in helping Police and Customs officers to understand their powers of arrest andseizure.  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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