Trinidad and Tobago 2012 - invesTT

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Intellectual Property LAYOUT DESIGNS OF INTEGRATED CIRCUITS Layout designs, sometimes called topographies, of integrated circuits are the three-dimensional placement of some or all of the elements and interconnections that make up an integrated circuit. How to apply for protection of an original layout-design Three things are usually needed to apply for protection of a layoutdesign: • A completed application form and fee • Proof of the right to apply • A drawing of the layout-design together with information defining the electronic function which the integrated circuit is intended to perform coming from any specific region of a country which gives the good its known quality or reputation.” The Geographical Indications Act, 1996 which came into force on December 1, 1997 introduced protection for geographical indications in Trinidad and Tobago for the first time and a simple registration system. The subject matter of protection goes beyond appellations of origin and includes protection for indications, where the reputation or other characteristic of the goods is attributable to its geographical origin. Protection is available irrespective of registration, but registration raises a presumption that the indication registered is a geographical indication within the meaning of the legislation. Criminal sanctions may be imposed upon persons who deliberately and wrongfully use geographical indications. The term of protection is ten (10) years, either from the date of first commercial exploitation or, if not yet commercially exploited from the filing date. UNFAIR COMPETITION The Protection Against Unfair Competition Act, 1996 introduced legislation for the first time in Trinidad and Tobago to protect against unfair competition. The law provides, inter alia, for protection in the course of industrial or commercial activities, against the following: • Damaging another’s goodwill or reputation • Causing confusion with respect to another’s enterprise • Misleading the public • Discrediting another’s enterprise or activities • Disclosure, acquisition or use of secret information (trade secrets) including use of secret test of other data 114
A GUIDE TO INVESTING IN TRINIDAD AND TOBAGO (2012) Section 10 submitted to a competent authority for marketing approval of pharmaceutical or agricultural chemical products utilizing new chemical entities In addition, any act or practice in the course of industrial or commercial activities that is contrary to honest practices shall constitute an act of unfair competition. NEW PLANT VARIETIES The Protection of New Plant Varieties Act, 1997 which came into force on December 1, 1997 introduced protection for plant breeder’s rights in respect of plant varieties of a genera and species listed in a special national list. Once the application fulfils the conditions of registration, namely novelty, distinctiveness, homogeneity, stability and a variety denomination acceptable for registration, a breeder’s right is granted by the Intellectual Property Office. The Controller Intellectual Property Office 3rd Floor, Registration House, 72-74 South Quay, Port of Spain, The Republic of Trinidad and Tobago. Tel: (868) 625-9972 Fax: (868) 624-1221 Website: www.ipo.gov.tt The Ministry of Legal Affairs Registration House, 72-74 South Quay, Port of Spain, The Republic of Trinidad and Tobago. Tel: (868) 624-1660 Fax: (868) 624-1221 Website: www.legalaffairs.gov.tt Applications may be filed by nationals or residents of Trinidad and Tobago, of state or intergovernmental organisations which are party to the International Convention for the Protection of New Plant Varieties (UPOV) of 1978 and of 1991 and states which, without being party to UPOV, grant reciprocity of treatment to Trinidad and Tobago. The new law is consistent with the UPOV Convention of 1978. The term of protection is either 15 or 18 years, depending on the genera or species to which the variety belongs. Renewal fees are payable annually. For further information on intellectual property rights, the following offices may be contacted: 115
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Trinidad and Tobago 2012 - invesTT

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