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The effectiveness of the various IP registries in the Caribbean region is a common concern for IP rights holders wishing to obtain protection in the islands. While some registries offer excellent service, others are not yet automated and are governed by out-of-date legislation. Some Caribbean countries are working hard to ensure that their IP regimes encourage innovation and are competitive – but this can pose a major challenge as, regardless of the amount of financial investment, what can be done when the relevant legislation is outdated?
In early 2011 Jamaica’s Supreme Court issued a critical
ruling on the Copyright Act which directly impacts on the telecommunications industry, as well as developers and users of databases in Jamaica.
The scarcity of patent litigation cases in Mexico as compared to other jurisdictions has resulted in a lack of case law in several key areas of patent litigation. One such area is the situation where a product does not have all of the features of the claims of a granted patent, but is so close that it appears that a feature was changed to circumvent patent coverage through the incorporation of an equivalent feature. Under US practice, this is known as the ‘doctrine of equivalents’.
In Venezuela, domain names are issued by and protected
through the Centro de Información de la Red de la República Bolivariana de Venezuela. The registry provides protection for second-level domain names for the ‘.co.ve’, ‘.com.ve’, ‘.net.ve’, ‘.org.ve’, ‘.info.ve’ and ‘.web.ve’