There are eight types of Intellectual Property in the IP Landscape in T and T . They are Copyright and Related Rights, Trademarks, Patents, Industrial Designs, Geographical Indications, Protection for New Plant Varieties, Protection of layout designs of Integrated Circuits and the Protection of Undisclosed Information (Trade Secrets). Each type is protected by an Act of Parliament, a Law. Sometimes the laws have subsidiary legislation e.g the Copyright Act. Most of the Laws have accompanying rules and regulations that specify critical details. Trade secrets can also be protected in the common law of confidence.
The IP Landscape in T and T is built on a foundation of International Treaties to which Trinidad and Tobago are signatory. The main ones are the Berne Convention, the Paris Convention and the TRIPs Agreement. This international foundation allows the laws of all signatory countries not only Trinidad and Tobago to share common principles, concepts and some manners of operation.
Protection under the Copyright is automatic from the moment an original artistic, written or musical work is created. There is no registration requirement in Trinidad and Tobago for Copyright works. Trade Secrets, for obvious reasons, also does not have a registration requirement.
For Trademarks, Patents, Industrial Designs, Geographical Indications, Protection for New Plant Varieties, Protection of layout designs of Integrated Circuits each starts with their own application, then unique examination process and if the application meets the criteria specified in their respective laws, end in a grant of rights.
Usually Copyright works are protected up to 50 years after the death of the author or last author, if there are more than one, then the work enters public domain. Trademarks are protected indefinitely once renewed every 10 years, if not they expire. Patents expire 20 years after the date of application assuming all annuities are paid, if not, the Patent lapses. Industrial designs can be renewed for two additional periods of 5 years, then it enters the public domain. Geographical Indications do not expire. Protection of New Plant Varieties Protection expire 18 years after grant. Protection for layout designs of Integrated Circuits extend to 10 years from grant. Trade Secrets can be protected indefinitely in the common law of confidence.
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