FAQ's › Intellectual Property Office

What is Intellectual Property?
Intellectual property refers to creations of the mind: inventions, literary and artistic works and symbols, names, images, and designs used in commerce.

Why are Intellectual Property Rights important?

1. Intellectual Rights are important because it protects the creator's work from being exploited.
2. Intellectual Property Laws confer certain rights to the owner or creator of any area of intellectual property.
3. These rights allow the owner/creator to benefit from their creations.
4. The various laws confer on the owner of the intellectual property financial rights for specfic periods of time, for example, 20 years for patents.
   
   There are two types of Intellectual Property:
   
5. Industrial Property namely, trademarks, patents, industrial designs, new plant varieties, lay-out designs of integrated circuits and geographical indications.
6. Copyright and Related Rights.
   
   
1. What is a trademark?
   A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.
   
   
2. What is a certification mark?
   A certification mark is a mark indicating that the goods or sevices in connection with which it is used are certified by the proprietor of the mark in respect of the origin, mode of manufacture of goods, quality or other characteristics. The certification mark may only be used in accordance with the defined standards. Example: ISO 9000.
   
   
3. What is a service mark?
   A service mark is a trademark used in relation to services.
   
   
4. What are series mark?
   Series marks are marks that resemble each other in material particulars, but differ in one or other criteria as follows:
   1. statements of the goods in relation to which they are respectively used or proposed to be used; or
   2. statements of number, price, quality or names of places; or
   3. other matter of a non-distinctive character which does not substantially affect the identity of the trade mark; or
   4. colour
      What is a collective mark?
      Collective marks usually belong to a group or association of enterprises. Their use is reserved to the members of the group or association. A collective mark therefore distinguishes the goods or services of members of the association from those of other
   
   
5. What is the PCT?
   The Patent Cooperation Treaty is a filing system that offers the possibility to file for patent protection in a large number of countries by filing a single international application.
   
   
6. Are there any potential pitfalls I should look out for?
   1. Patents are negative rights; that is, rights to stop anyone else from making, using or selling an invention. Therefore anyone who is thinking of manufacturing a product or putting a process into operation should first check whether they would be stopped from so doing by an existing patent that is still legally enforceable.
   2. Even if an inventor creates a product or a process that is new, and obtains a patent for the invention, this check is still necessary since the obtaining of a granted patent does not mean that the patent holder is automatically free to carry out the invention. Ignorance that you are infringing someone else's patent is no defence.
   3. An inventor is not required to seek a patent in order to put an invention into practice, but once the invention is made public there will be no protection against others using the invention.
   4. The granting of a patent should not be taken as any indication that an invention has any merit or commercial value.
   5. The Intellectual Property Office cannot give advice on how to exploit a specific invention or patent; it cannot provide any financial reward or support for an invention; and cannot take sides in disputes between an applicant or patent holder and any other party.
      
      
7. How do I find out if my invention is new?
   Do a commercial search. The World Intellectual Property Organization (www.wipo.int) has a service (Patent Information Services for Developing Countries) for developing countries. Requests can be processed by this office.
   
   
8. What cannot be patented?
   1. Ideas, hypotheses, discoveries (of things already existing in nature), scientific theories and mathematical methods.
   2. Rules of games, lottery systems, methods for performing mental acts, teaching methods and organizational procedures.
   3. Diagnostic, therapeutic and surgical methods used on the human or animal body.
   4. Literary, dramatic, musical or artistic works or any aesthetic creation whatsoever.
   5. The presentation of information.
   6. Inventions, the exploitation of which would be contrary to public order or morality, also cannot be patented
      
      
9. If I file an application, will I obtain a patent?
   An application is not to be construed as an assurance of a grant of a patent.



10. Is a trademark or patent that is registered in this country valid internationally?
    1. No. Trademarks and patents are sovereign rights valid only within the countries in which they have been registered.
    2. The protection given by a trademakr or patent issued by the Intellectual Property Office is valid only in Trinidad & Tobago.
    
    
11. What does copyright protect?
    Copyright provides automatic rights (i.e. there are no forms to fill in or fees to pay) to the creators of the following kinds of material:
    1. original literary works, e.g. novels, instruction manuals, computer programs, lyrics for songs, articles in newspapers, but not names or titles;
    2. original dramatic works, including works of dance or mime;
    3. original musical works;
    4. original artistic works, e.g. paintings, engravings, photographs, sculptures, collages, works of architecture, technical drawings, diagrams, maps, logos;
    5. published editions of works, i.e. the typographical arrangement of a publication;
    6. sound recordings, which may be recordings on any medium, e.g. tape or compact disc, and may be recordings of other copyright works, e.g. musical or literary;
    7. films, including videos; and
    8. broadcasts and cable programmes.
       
       
12. What are the benefits of trademark registration?
    1. Exclusive rights to the use of the trademark
    2. Public notice of ownership of the trademark
    3. Evidence of ownership of the trademark
    4. Jurisdiction of the courts may be invoked under the Trademarks Act Chapter 82:81
       
       
13. What does copyright provide?
    Copyright provides automatic rights (i.e. there are no forms to fill in or fees to pay) to the creators of the following kinds of material:
    1. original literary works, e.g. novels, instruction manuals, computer programs, lyrics for songs, articles in newspapers, but not names or titles;
    2. original dramatic works, including works of dance or mime;
    3. original musical works;
    4. original artistic works, e.g. paintings, engravings, photographs, sculptures, collages, works of architecture, technical drawings, diagrams, maps, logos;
    5. published editions of works, i.e. the typographical arrangement of a publication;
    6. sound recordings, which may be recordings on any medium, e.g. tape or compact disc, and may be recordings of other copyright works, e.g. musical or literary;
    7. films, including videos; and
    8. broadcasts and cable programmes.
    
    
14. What are related rights?
    
    There are rights related to copyright which consists of rights in performances, sound recordings and broadcasts.
15. What about computer programs and material stored in computers?
    Computer programs are protected on the same basis as literary works. Conversion of a program into or between computer languages and codes corresponds to 'adapting' a work and storing any work in a computer amounts to 'copying' the work. Also, running a computer program or displaying a work on a Visual Display Unit will usually involve copying and thus require the consent of the copyright owner.
    
    
16. What about databases?
    Databases may receive copyright protection for the selection and arrangement of the contents. In addition, or instead, database right may exist in a database. This is an automatic right and protects databases against the unauthorised extraction and re-utilisation of the contents of the database. Database right lasts for 15 years from the making but, if published during this time, then the term is 15 years from publication.
    
    
17. Must material be novel or have aesthetic value to attract copyright protection?
    No, it simply has to be the result of independent intellectual effort. Technical descriptions, catalogues and engineering drawings are all examples of material that qualifies for copyright protection, whatever the subject matter.
    
    
18. Are names protected by copyright?
    No. There is no copyright in a name or a title.