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Author Topic: New T&T laws coming to charge vendors of illegal CDs, DVDs  (Read 1080 times)

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Offline Flex

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New laws coming to charge vendors of illegal CDs, DVDs
By Ria Taitt Political Editor


Crackdown on pirates

People who trade in pirated CDs and DVDs could now find themselves charged under the Trademarks Bill, as well as for copyright infringements under the Copyright Act.

Piloting the Trademarks Bill in the Senate yesterday at the International Waterfront Centre, Port of Spain, Legal Affairs Minister Prakash Ramadhar said the bill makes it an offence for anyone to use the same or similar mark of any product or service for which it has not been ­registered.

“If someone attaches the proprietor’s mark or similar mark to any good or service for which that mark has not been registered, he or she would be guilty of an offence,” he said.

He said those who copy songs and movies onto discs without any label can only be charged under the Copyright Act.

“But if such persons put a label on the CD or DVD jacket, as indeed we have started to see, and that label carries a producer’s registered trademark, that vendor can be charged under the Trademarks Act as well as under the Copyright Act,” he said.

Under the Infringement Proceedings cited under the act, the goods can be destroyed and the person could even be made to pay damages.

Ramadhar said the bill permits police officers to arrest without warrant those who possess for trade, or manufacture, sell, or offer or expose for sale in the public place goods to which a registered trademark is falsely applied.

The bill also permits Customs officers designated by the Comptroller of Customs and Excise subject to a warrant to stop, search or board any conveyance and in which the officer reasonably suspects there are goods to which a registered trademark has been falsely applied, and remove or detain any such goods or anything that is likely to contain evidence of an offence of an infringement of the trademark.

He said the bill also deals with the use of trademarks on the Internet.

Because the power to search and seize goods affects the right to enjoyment of property, the bill required a special majority, he said.

Ramadhar said the bill would introduce a broader definition of trademarks, which would now include scents, sounds and tastes, provided that they are capable of being graphically represented.

“If and when our manufacturers of food and snacks develop a new and unique tasting pro­duct, they can have a trademark for taste.”

He cited chadon beni as having a unique taste.

“If we had producers of fragrances which could develop scents using our natural flora and gain protection of those scents. Local tonka bean is used as a additive to some of the best perfumes in the world and so I look forward to the day when one of our manufacturers would come up with a scent that would be a blessing economically to this nation,” he said.

The real measure of a man's character is what he would do if he knew he would never be found out.

Offline Tallman

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Re: New T&T laws coming to charge vendors of illegal CDs, DVDs
« Reply #1 on: April 15, 2015, 04:20:27 AM »
Steups! Dem now coming with this, when streaming and digital media are de order of de day? Dem good yes.
The Conquering Lion of Judah shall break every chain.

Offline lefty

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Re: New T&T laws coming to charge vendors of illegal CDs, DVDs
« Reply #2 on: April 15, 2015, 06:56:41 AM »
Steups! Dem now coming with this, when streaming and digital media are de order of de day? Dem good yes.

me eh buy or even burn ah cd/dvd ah couple years now...now if dey say, dey want to track and block torrent and illegal streaming sites den I will get frighten ,but dese days is only d middle aged, seniors and  the technology averse\illiterate still buyin dvd.........most people dat rentin space for dat close down or attempting to diversify into game piracy jus to survive and dat too is dead business,.......newer consoles now have all kinda disincentive to piracy
I pity the fool....

Offline Controversial

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Re: New T&T laws coming to charge vendors of illegal CDs, DVDs
« Reply #3 on: April 15, 2015, 09:11:33 AM »
Finally.....

But they should also educate kids not to download pirated stuff as well

 

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