Judicial Administration Structure for IP Disputes: Trinidad and Tobago

 

Judicial Committee of the Privy Council (UK)   Caribbean Court of Justice (CCJ)
                    *National court may refer a query to the CCJ
Court of Appeal          
         
                           
High Court          
         
                           
Controller, Intellectual Property Office
(administrative instance)		           District and Criminal Traffic Court          
                   
                           
       
Administrative Jurisdiction
Opposition to registration of a trademark;
Applications for revocation of a patent;
Grant or refusal of registration of an industrial design;
Grant of registration of a layout design;
Grant of registration of geographical indication;
Applications for termination of protection, annulment or forfeiture of a registered plant variety; compulsory licenses.		   Civil Jurisdiction
First instance jurisdiction in civil copyright, patent, trademark, geographical indication and layout design matters.		   Criminal Jurisdiction
First instance jurisdiction in criminal matters involving indictable IP offences;
Appellate jurisdiction for summary criminal IP offences.		   Criminal Jurisdiction
First instance jurisdiction to determine charges for summary IP offences (copyright, trademark, patent, industrial design, geographical indications or layout designs).		   Original Jurisdiction
Compulsory and exclusive jurisdiction to hear disputes including IP disputes arising from the interpretation or application of the Revised Treaty of Chaguaramas (RTC), including:
a) disputes between Trinidad and Tobago and other member states of the RTC,
b) disputes between Trinidad and Tobago and the Caribbean Community (CARICOM);
c) referrals from national courts of Trinidad and Tobago;
d) applications by persons in Trinidad and Tobago with special leave from the CCJ.
                           

The Trade Marks Act, 2015[1] establishes a quasi-judicial function of the Controller of the Intellectual Property Office. The Controller has the power to hear and decide on applications opposing the registration of a trademark. The decision of the Controller can be appealed to the High Court.

The Industrial Designs Act provides for the Controller to refuse or grant the registration of an industrial design. Appeals against the Controller's decision lie with the High Court.

Under the Layout-Designs (Topographies) of Integrated Circuits Act, s. 8, the Controller is empowered to grant applications for the registration of a layout-design. The High Court has jurisdiction to hear appeals from the Controller in such decisions, s. 12.

The Controller is empowered to hear and determine applications for the registration of geographical indication under the Geographical Indications Act, 1996. All decisions of the Controller may be appealed to the High Court.

As provided for in the Protection of New Plant Varieties Act, the Controller has the jurisdiction to decide on applications for the termination of protection, annulment, forfeiture of registered plant varieties, as well as deciding on the issue of compulsory licences. Appeals against the decision of the Controller under the Protection of New Plant Varieties Act lie to the High Court.

[1] Trade Marks Act, 2015, available at https://www.wipo.int/wipolex/en/legislation/details/20041.

District Criminal and Traffic Court

The District Criminal and Traffic Court has the jurisdiction to determine summary criminal charges for offences on the respective acts; Copyright Act s. 41(3), Patents Act, 1996 Part XVII, Industrial Designs Act s. 22, Geographical Indications Act, 1996 s. 7, Layout-Designs (Topographies) of Integrated Circuits Act s. 15, or Trade Marks Act, 2015 Part V. Where an accused person is charged with a summary and indictable offence and a decision is made for both matters to be heard together, the proceeding is heard by the High Court. The High Court judge will have the same criminal jurisdiction as the District Criminal and Traffic Court judge through the superior court's inherent jurisdiction. Decisions of the District Criminal and Traffic Courts are appealable to the High Court.

High Court

The High Court possesses both civil and criminal jurisdiction.

In its civil jurisdiction, the High Court has original (first instance) jurisdiction in copyright, patent, trademark, geographical indication and layout design matters. It also has appellate civil jurisdiction to determine appeals from the decisions of the Controller of the Intellectual Property Office.

In its criminal jurisdiction, the High Court disposes of criminal offences that have been charged on an indictment. In addition, the High Court hears appeals from decisions of the District Criminal and Traffic Court in criminal matters involving summary IP offences.

Court of Appeal

The Court of Appeal has both civil and criminal jurisdiction to hear appeals from the High Court and has the power to set aside the decisions of the High Court.

Judicial Committee of the Privy Council

Decisions of the Court of Appeal in Trinidad and Tobago are subject to final appeal by the Judicial Committee of the Privy Council. The Privy Council is empowered to set aside the decision of the Court of Appeal.

Caribbean Court of Justice

In its original jurisdiction, the Caribbean Court of Justice (CCJ) has compulsory and exclusive jurisdiction to interpret and apply the rules set out in the Revised Treaty of Chaguaramas (RTC) and to hear and determine disputes arising thereunder including:

(a) disputes between Trinidad and Tobago and other Member States of the RTC,
(b) disputes between Trinidad and Tobago and the Caribbean Community (CARICOM);
(c) referrals from national courts of Trinidad and Tobago;
(d) applications by persons in Trinidad and Tobago with special leave from the CCJ.[2]

The RTC contains provisions for the protection of Intellectual Property Rights and as such Member States may bring actions in the CCJ to enforce those rights. 

It should be noted that the CCJ does not exercise appellate jurisdiction over matters from the Trinidad and Tobago Courts. 

[2] Revised Treaty of Chaguaramas Establishing the Caribbean Community Including the Single Market and Economy (July 5, 2001), Articles 211 and 222.

Judiciary of Trinidad and Tobago:
https://www.ttlawcourts.org/index.php/law-library/search-librarys-holdings

The Caribbean Court of Justice judgments (Original jurisdiction):
https://ccj.org/original-jurisdiction-judgments/

Judicial Committee of the Privy Council judgments:
https://www.jcpc.uk/decided-cases/

WIPO Lex – Trinidad and Tobago