The Corporate Affairs and Intellectual Property Office (CAIPO) [1] [2] is a Barbadian governmental agency in charge of various aspects of industrial property right affairs including: patents, trademarks, and industrial designs. [3] It is a division of the Ministry of Industry, Innovation, Science & Technology (MIST), formerly known as the Ministry of Industry & International Business. [4] Around 2010 Barbados was recognised for its ranking as one of the top countries where foreign patents are legally based. [5] CAIPO's office was located on Belmont Road, and moved in March 2013 to Baobab Towers, in Warrens, Saint Michael.
In 2021 the body opened its corporate registry for online registration.
In 2021 CAIPO faced criticism by some members of the public for the pace the body conducts its business. [6]
Corporate affairs in Barbados are covered by the following Acts: [7]
Intellectual property in Barbados are covered by the following Acts:
At the international level, the department works very closely with the World Intellectual Property Organization (WIPO) and its subregional unit known as the Cooperation for Development Bureau for Latin American and Caribbean.
Barbados is a signatory to the following copyright and intellectual property treaties and conventions influencing local laws:
Treaty or Convention | Year it was established | Locally ratified into law |
---|---|---|
Berne Convention for the Protection of Literary and Artistic Works, | 1886 | ratified: 30 July 1983 [9] |
Geneva Convention for the Producers of Phonograms Against Unauthorized Duplication | 1971 | ratified: July 29, 1983 [10] |
Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents - (the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents) | 1961 | Succession for Barbados 30 November 1966. Barbados maintains that since the United Kingdom entered into the agreement on 24 February 1965 that it is compulsory for Barbados which didn't become independent until 1966. [11] |
Nice Agreement concerning the International Classification of Goods and Services for the Purposes of Registration of Marks | 1967 | ratified: 12 March 1985 [12] |
Nairobi Treaty (Olympic Symbol) | ratified: 28 February 1986 [13] | |
Paris Convention for the Protection of Industrial Property | 1883 (as revised in 1967) | ratified: 12 March 1985 [14] |
Patent Cooperation Treaty (PCT) | 1970 | ratified: 12 March 1985 [15] |
Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations | 1961 | ratified: 18 September 1983 [16] |
Universal Copyright Convention (UCC-Geneva) | 1952 | ascension: 3 March 1983 [17] |
Universal Copyright Convention (UCC-Paris) | (as revised in 1971) | ascension: 3 March 1983 [18] |
Membership to the WIPO [19] | ||
WTO-TRIPS Agreement on the Trade Related Aspects of Intellectual Property | 1994 | ratified: 1 January 1995 |
Currently Barbados has yet to finalise or is absent from:
Treaty or Convention | Year it was established | Note |
---|---|---|
Brussels Convention Relating to the Distribution of Programme–Carrying Signals Transmitted by Satellite | 1974 | Some provisions within the United States – Caribbean Basin Initiative already have recourse for United States-based satellite providers to be compensated through other means within that act. |
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (Budapest) | 1977 | |
Patent Law Treaty (PLT) | 2000 | |
WIPO Copyright Treaty (WCT) | 1996 | |
WIPO Performances and Phonograms Treaty (WPPT) | 1996 | |
Additionally, CAIPO is entrusted with the handling of legal issues pertaining to Barbados' .bb ccTLD and second-level domains including: .co.bb, .com.bb, .net.bb, .org.bb, .info.bb, .store.bb, .tv.bb, .biz.bb .
The World Intellectual Property Organization Copyright Treaty is an international treaty on copyright law adopted by the member states of the World Intellectual Property Organization (WIPO) in 1996. It provides additional protections for copyright to respond to advances in information technology since the formation of previous copyright treaties before it. As of August 2023, the treaty has 115 contracting parties. The WCT and WIPO Performances and Phonograms Treaty, are together termed WIPO "internet treaties".
The World Intellectual Property Organization is one of the 15 specialized agencies of the United Nations (UN). Pursuant to the 1967 Convention Establishing the World Intellectual Property Organization, WIPO was created to promote and protect intellectual property (IP) across the world by cooperating with countries as well as international organizations. It began operations on 26 April 1970 when the convention entered into force. The current Director General is Singaporean Daren Tang, former head of the Intellectual Property Office of Singapore, who began his term on 1 October 2020.
A patent office is a governmental or intergovernmental organization which controls the issue of patents. In other words, "patent offices are government bodies that may grant a patent or reject the patent application based on whether the application fulfils the requirements for patentability."
The Canadian Intellectual Property Office is responsible for the administration and processing of the greater part of intellectual property (IP) in Canada. CIPO's areas of activity include patents, trademarks, copyright, industrial designs and integrated circuit topographies. Structurally, CIPO functions as a special operating agency (SOA) under Innovation, Science and Economic Development Canada. CIPO is based in Gatineau, Quebec, part of the National Capital Region. CIPO’s Chief Executive Officer is Konstantinos Georgaras.
Intellectual property rights (IPRs) have been acknowledged and protected in China since 1980. China has acceded to the major international conventions on protection of rights to intellectual property. Domestically, protection of intellectual property law has also been established by government legislation, administrative regulations, and decrees in the areas of trademark, copyright, and patent.
Intellectual property law in Romania has developed significantly in the period since the Romanian Revolution of 1989 because of the need to enforce various regional and international treaties and agreements, such as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the European Directives on Biotechnological Inventions, on Trademarks and Geographical Indications, and on Supplementary protection certificates, the Trademark Law Treaty, the Patent Law Treaty, and the European Union regulation on the Community Trademark, and the need to harmonize domestic patent law with the European Patent Convention (EPC) and with the European Union.
"Authors' rights" is a term frequently used in connection with laws about intellectual property.
The Organisation Africaine de la Propriété Intellectuelle or OAPI is an intellectual property organization, headquartered in Yaoundé, Cameroon. The organisation was created by Bangui Agreement of March 2, 1977. The Bangui Agreement was subsequently amended in 1999.
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in the Swiss city of Bern by ten European countries with the goal of agreeing on a set of legal principles for the protection of original work. They drafted and adopted a multi-party contract containing agreements for a uniform, border-crossing system that became known under the same name. Its rules have been updated many times since then. The treaty provides authors, musicians, poets, painters, and other creators with the means to control how their works are used, by whom, and on what terms. In some jurisdictions these type of rights are referred to as copyright; on the European continent they are generally referred to as authors' rights.
A trademark is a form of intellectual property that consists of a word, phrase, symbol, design, or a combination that identifies a product or service from a particular source and distinguishes it from others. Trademarks can also extend to non-traditional marks like drawings, symbols, 3D shapes like product designs or packaging, sounds, scents, or specific colors used to create a unique identity. For example, Pepsi® is a registered trademark associated with soft drinks, and the distinctive shape of the Coca-Cola® bottle is a registered trademark protecting Coca-Cola's packaging design.
Japanese copyright laws consist of two parts: "Author's Rights" and "Neighbouring Rights". As such, "copyright" is a convenient collective term rather than a single concept in Japan. Japan was a party to the original Berne convention in 1899, so its copyright law is in sync with most international regulations. The 1899 law protected copyrighted works for 30 years after the author's death. Law changes promulgated in 1970 extended the duration to 50 years. However, in 2004 Japan further extended the copyright term to 70 years for cinematographic works; for films released before 1971, the copyright term also spans 38 years after the director's death.
As in most developing countries, intellectual property law in Senegal is weak. Copyright infringement is not regarded as a crime, and it is widely accepted by consumers. Senegal's criminal law provisions do not provide for criminal procedures in case of trademark counterfeiting or copyright piracy on a commercial scale. In addition, because of budget constraints, Senegal's Copyright Office has had difficulty enforcing sanctions against individuals who infringe copyrights in the course of business, including hackers and distributors of infringed copies. Nonetheless, the Copyright Office has begun vigorous attempts against counterfeit media, seizing items as well as putting stickers on legal merchandise. It is currently continuing these enforcement efforts. Microsoft began an anti-piracy campaign in Senegal in early 2004 and reports some success in converting users of pirated Microsoft products through the sale of deeply discounted Microsoft licenses.
Panama has passed several laws protecting intellectual property in the country.
Iran is a member of the WIPO since 2001 and has acceded to several WIPO intellectual property treaties. Iran joined the Convention for the Protection of Industrial Property in 1959. In December 2003 Iran became a party to the Madrid Agreement and the Madrid Protocol for the International Registration of Marks. In 2005 Iran joined the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, which ensures the protection of geographical names associated with products. As at February 2008 Iran had yet to accede to The Hague Agreement for the Protection of Industrial Designs.
The Intellectual Property Office of Singapore (IPOS) is a statutory board under the Ministry of Law of the Government of Singapore. IPOS advises on and administers intellectual property (IP) laws, promotes IP awareness, and provides the infrastructure to facilitate the development of IP in Singapore.
Republic Act No. 8293, otherwise known as The Intellectual Property Code of the Philippines lays down the rules and regulations that grant, and enforce patents in the Philippines. Patents may be granted to technical solutions such as an inventions, machines, devices, processes, or an improvement of any of the foregoing. The technical solution must be novel, innovative, and industrially useful. In order for a technical solution to be granted a patent, the inventor must file an application to the Bureau of Patents, which will examine, and in some cases, grant its approval. The law is designed as to foster domestic creativity, to attract foreign investors, and to motivate inventors to release their products for public access.
The Intellectual Property Agency of Armenia (AIPA) is the patent office of Armenia. The agency works under the supervision of the Ministry of Economy of Armenia and is tasked with granting patent and IP address protections, trademarks, and copyrights for objects of industrial property, inventions and usage patterns, industrial design, and commercial and service marks, among others.
Intellectual property of Ethiopia is managed by the Ethiopian Intellectual Property Office (EIFO), who oversees Intellectual Property Right (IPR) issues. Ethiopia has not signed IPR treaty such as the Paris Convention for the Protection of Industrial Property, the World Intellectual Property Organization (WIPO) copyright treaty, the Berne Convention for Literary and Artistic Works, the Madrid System for the International Registration of Marks, and the Patent Cooperation Treaty.
The countries where the greatest number of foreign patents are legally based are Barbados, Luxembourg, Liechtenstein and Ireland, notes the OECD.