WORLD TRADE
ORGANIZATIONIP/N/1/TTO/1
13 April 2000
(00-1476)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLE 63.2 OF THE AGREEMENT
TRINIDAD AND TOBAGO
By means of communications from its Permanent Mission, dated 10 March, 7 April and
11 April 2000, the following notification has been received from Trinidad and Tobago under Article
63.2 of the Agreement.
_______________
In accordance with Article 63.2 of the Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPS) and the procedures laid  down by the Council for TRIPS in November 1995,
the Government of the Republic of Trinidad and T obago hereby notifies to the Council, the laws and
regulations relating to the fields covered by the Agreement, as follows:
- The main dedicated laws and regulations are listed in Annex I.
- Other laws and regulations are listed in Annex II.- All laws are submitted in their official language, i.e. English.- Responses to the Checklist of Issues on Enforcement.
1
                                                     
1 See document IP/N/6/TTO/1.IP/N/1/TTO/1
Page 2
ANNEX I
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS
TITLE BRIEF DESCRIPTION
Patents
Patents Act 19962
(Act Nº 21 of 1996)The Act makes provision in respect of future
Patens and applications for Patents, for the
protection of inventions to give effect to certain
International Conventions on Patents and for
related purposes.
The Patent Act 1996 repeals Part 1 of the Patents
and Designs Act, Chap. 82:83 (28 March 1996).
The Patent Act 1996 creates the Office known as
the Intellectual Property Office and placed a
Controller in charge of the Intellectual Property
Office.  The Controller is given theresponsibilities for the administration of all laws
relating to Intellectual Property.  (S 3[1])
The Patent Act introduces an examination system
for the grant of a Patent right (as opposed to aregistration system provided for in Chap. 82:83)
and introduces the payment of annuity fees.
Patents Rules 19963
(Legal Notice Nº 144 of 1996)The rules prescribe provisions and procedures
under the Patent Act 1996.
The Minister makes the Rules as is necessary for
regulating the business of the Intellectual
Property Office.
Trademarks
Trade Marks Act4
Chap. 82:81This Act, which is still the main legislation
operative in Trinidad and Tobago provides for the
registration of Trademarks.  This Act also
includes the Trade Marks Rules.
                                                     
2 See document IP/N/1/TTO/P/1.
3 See document IP/N/1/TTO/P/2.
4 See document IP/N/1/TTO/T/1.IP/N/1/TTO/1
Page 3
TITLE BRIEF DESCRIPTION
Trade Marks (Amendment) Act 19943
(Act Nº 17 of 1994)This Amendment Act makes provision for the
following:
(a)  the registration of Service Marks;  and(b)  the publication of trademarks for the purpose
of oppositions removed from the Government
Printer and the responsibility is placed in a daily
newspaper or periodical.
Trade Marks (Amendment) Act 19963
(Act Nº 25 of 1996)This Act introduces the protection of well known
Marks;  the duration of a trade mark is for a
period of ten (10) years.  Under the previous
legislation, registration was fourteen (14) years
and introduces a new section to deal with the
unauthorized use of a trademark in relation to
goods.
Trade Marks (Amendment) Act 19973
(Act Nº 31 of 1997)This Amendment Act introduces protection for
the packaging of goods or shapes.  It makes the
Controller, appointed under S3(1) of the Patent
Act 1996 responsible for the administration of thelaws relating to trademarks, and introduces
responsibilities to be performed by the
Comptroller of Customs and Excise regarding
"Notices of Objection to Importation".
Trade Marks (Amendment) Rules 19943(1)  These Rules remove the responsibilities for
the publication of trademarks/services from the
Government Printer to a daily newspaper and
other periodicals circulating in Trinidad andTobago.
(2)  The rules remove the use of the national
classification and introduce in the Third Schedule
the International Classification of Goods/Servicesaccording to the Nice Classification.
Trade Marks (Amendment) Rules 19973These Rules introduce provisions for the filing ofdocuments by telefacsimile transmission and
introduce a multi-class system of application.IP/N/1/TTO/1
Page 4
TITLE BRIEF DESCRIPTION
Copyright and Related Rights
Copyright Act 19975This Act provides protection for Copyright and
Neighbouring Rights and introduces specific
provisions in relation to performers, sound
recordings and broadcasts.
The Act repeals the Copyright Act of 1985.
Copyright (Customs) Regulations 20006Section 48 of the Copyright Act 1997 provides
the owner of copyright or neighbouring rights in
any published work or published sound recordingwith the means to restrict the importation of
infringing copies of the work or sound recording.
The Copyright (Customs) Regulations 2000
provide the details of how this section is to be
implemented and identifies the forms and fees
associated with these administrative procedures.
Geographical Indications
Geographical Indications Act 19967
(Act Nº 20 of 1996)This Act provides for a system of protection of
geographical indications.
This Act provides for the institution of civil
proceedings to prevent the unlawful use of
geographical indications.
The Act further establishes a system of protection
that is not dependent on registration, although
registration of the geographical indications does
raise a presumption that is a geographical
indication within the meaning of the Act.
The Act provides for exclusion to protection and
imposes criminal sanctions for the deliberate
wrong use of geographical indications.
The Act further provides for the responsibilities
for registration, etc., to fall within the
responsibilities of the Controller of the
Intellectual Property Office, appointed pursuant
to S3(3) of the Patent Act 1996.
                                                     
5 See document IP/N/1/TTO/C/1.
6 See document IP/N/1/TTO/C/2.
7 See document IP/N/1/TTO/G/1.IP/N/1/TTO/1
Page 5
TITLE BRIEF DESCRIPTION
Geographical Indications Regulations 19968These Regulations provide for the operations of
the Geographical Indications Act, acceptance of
applications, oppositions to applications and
make special provisions concerning marks.
Layout-Designs
Layout-Designs (Topographies) of Integrated
Circuits Act 19969
(Act Nº 19 of 1996)The Act protects layout-designs of integrated
circuits against reproduction, importation, selling
and other distribution and provides protection for
layout-designs or integrated circuits which areoriginal.  The right to protection belongs to the
creator, which right may be assigned or
transferred even before the filing of an
application.  The period of protection runs for ten
(10) years and the period begins either on the date
on which the layout-design was first
commercially exploited or if not, on the date offiling the application.
The application for integrated circuits are filed
with the Controller of the Intellectual Property
Office appointed under S3 of the Patent Act1996.
The Act provides for the registration of layout-
designs without examination of the originality of
the design, the applicant's entitlement toprotection or the correctness of the facts stated in
the application.
The Act further creates criminal offences of acts
of knowingly preferring or performing withoutauthorization prohibited in Clause 6.
Layout-Designs (Topographies) of Integrated
Circuits Rules 199610The Rules prescribe the provisions andprocedures under the main legislation.
                                                     
8 See document IP/N/1/TTO/G/2.
9 See document IP/N/1/TTO/L/1.
10 See document IP/N/1/TTO/L/2.IP/N/1/TTO/1
Page 6
TITLE BRIEF DESCRIPTION
Undisclosed Information
Protection Against Unfair Competition Act
199611
(Act Nº 27 of 1996)This Act introduces legislation in the area of
Unfair Competition and Trade Secrets.
The Act makes provisions for acts or practices
which constitute unfair competition and alsomake provision for acts or practices which may
cause confusion and sets out examples when such
confusion may be caused.  The Act further deals
with acts and practices in the course of industrial
or commercial activities which amount tomisleading the public and the discrediting of
another's enterprise and activities.
Parts of the Act deal with secret information and
clarifies what may amount to disclosure and the
circumstances in which such disclosure may
result.
Action under this Act goes to the Court.Trinidad and Tobago, by the passage of this piece
of legislation has introduced such legislation forthe protection of Unfair Competition and Trade
Secrets for the first time.
No administrative responsibilities are required for
the operations of this Act.  Its operation is placedin the hands of the Court.
                                                     
11 See document IP/N/1/TTO/U/1.IP/N/1/TTO/1
Page 7
TITLE BRIEF DESCRIPTION
Industrial Designs
Industrial Designs Act 199612
(Act Nº 18 of 1996)The Act provides for the protection of Industrial
Designs and for related matters.
This Act has widened the definition of "design"
to include aesthetic quality while excludingfeatures in the design engineered exclusively to
obtain a technical result.  The Act provides
protection that satisfies the requirements of
universal novelty and of conformity with public
order and morality.
The period of protection is for five (5) years but
may be renewed for two (2) further five (5) year
periods.
This Act repeals that part of the Patent and
Designs Act, dealing with Industrial Designs.
Industrial Designs Rules 199613These Rules provide for the operations of the
Industrial Designs Act including the language of
documents and translations, representation byAttorneys-at-Law, applications for Industrial
Designs and establish a schedule of fees for
matters to be conducted under the Industrial
Designs Act.
                                                     
12 See document IP/N/1/TTO/D/1.
13 See document IP/N/1/TTO/D/2.IP/N/1/TTO/1
Page 8
TITLE BRIEF DESCRIPTION
Plant Varieties
Protection of New Plant Varieties Act 199714
(Act Nº 7 of 1997)The Act on the protection of New Plant Varieties
establishes a system for the protection of the
rights of persons who have bred or discovered
and developed new plant varieties.
The Act places the responsibilities for the
granting of new plant varieties on the Controller
of the Intellectual Property Office, appointed
pursuant to S3 of the Patent Act 1996.
The Act further provides for the appointment of
an advisory council to advise the Minister and the
Controller on the implementation of the Act.
Provision is made for the grant of Breeders'
Rights and the granting of exclusive or non-
exclusive licences to all or any of the rightsprovided for in the Act as well as application for
compulsory licences.
New Plant Varieties Act Regulations Regulations have not been put in place to date to
regulate the operations of the Act.
                                                     
14 See document IP/N/1TTO/P/3.IP/N/1/TTO/1
Page 9
ANNEX II
OTHER LAWS AND REGULATIONS
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Customs
Customs Act
(Chapter 78:01)This Act deals with the powers and duties of the
Customs Authorities
Geographical indications and trademarks
Trade Descriptions Act
(Act Nº 7 of 1984)This Act contains provisions prohibiting the use
of a trade description which falsely or
misleadingly indicates the place of manufacture,
production, processing or reconditioning of
certain goods.
Civil judicial procedures and remedies
Supreme Court of Judicature Act
(Chapter 4:01)This Act governs civil judicial proceedings in
Trinidad and Tobago and mandates the Supreme
Court of Judicature, consisting of the High Court
of Justice and the Court of Appeal, with such
jurisdiction and powers as are conferred
respectively on these courts by this Act and theConstitution.
Rules of the Supreme Court of Judicature of
Trinidad and Tobago 1975These Rules prescribe the forms and fees and theprocedures to be followed in the Supreme Courtof Judicature.
Criminal Procedures
Criminal Procedure Act
(Chapter 12:02)This Act is the principal law pertaining to
criminal judicial proceedings in Trinidad and
Tobago and regulates the procedure in criminal
cases triable on indictment.
Criminal Procedure Corporations Act
(Chapter 12:03)This Act provides for the laying of charges
against a corporation.IP/N/1/TTO/1
Page 10
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Summary Courts Act
(Chapter 4:20)This Act provides the procedures in respect of
offences punishable on summary conviction.
Indictable Offences (Preliminary Inquiry) Act
(Chapter 12:01)This Act provides the procedures for the holding
of preliminary inquiries into indictable offencesby Magistrates.
Summary Offences Act
(Chapter 11:02)This Act relates to offences punishable on
summary conviction.
__________