Forging a coherent copyright jurisprudence in Trinidad and Tobago

Abstract

AbstractThe development of intellectual property jurisprudence in Trinidad and Tobago has been slow despite the existence of a robust statutory framework. In the context of copyright law, there has been limited litigation, which has left most areas of copyright law undefined and uncertain. Recent case law on the right of reproduction and moral rights has revealed the problems with the law being untested and uncertain. This included the use of conflicting precedent in similar legal scenarios and a general lack of appreciation for the nuances of copyright law and resultantly a lack of desire to develop a coherent framework for copyright law. Trinidad and Tobago has the opportunity to forge a coherent copyright framework that will reflect its individual needs. However, to do this, policy‐driven decisions must be made that account for the specific intricacies of the copyright environment and the norms present in Trinidad and Tobago. As such, this article analyses the issues with the existing copyright framework in Trinidad and Tobago and provides guidance as to what can be done to assist its development. Furthermore, the article identifies a number of lessons that will be useful for Commonwealth countries with underdeveloped copyright frameworks.