Guyana is still to become WTO TRIPS Complaint

Mar 18, 2012 Letters

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Dear Editor,
Guyana acceded to the World International Property Organization (WIPO), Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works on October 25, 1994. These are international institutions which are principally concerned with the protection of intellectual property rights. These institutions predated the establishment of the World Trade Organization (WTO) which also has an intellectual property rights arm known as Trade Related Aspects of International Property Rights (TRIPS).
The WTO was established on January 1, 1995 and to date there are one hundred and fifty three nation states which are members of this powerful trade institution. Guyana became a member of the WTO the very date it was established.
Target dates were set by the WTO for member states to enact laws and confirm to practices with the TRIPS agreement. The developed countries had one year to do so, that is, by 1996. The developing countries were granted five years to put their legal infrastructure in place, that is, by 2000. Finally, the least developing countries (LDC) initially were granted eleven years to comply, that is, by 2006. This period was subsequently extended by seven years to 2013.
Actually, there are forty eight countries which are recognized by the WTO as LDC of which thirty one of these countries to date are members of the WTO. Most of the LDC’s are African countries. The only LDC in Latin America and the Caribbean Region is Haiti.
So where is Guyana and how complaint has it been in respect to the TRIPS agreement? Guyana is in the developing countries status and it should have enacted updated copyright legislation by 2000. Has it done so? The simple answer is a categorical negative.
Let us take a pause here to very briefly review intellectual property rights (IPR). It basically collapses in two broad categories, namely, industrial property and copyright and rights related to copyright.
Industrial property has to do to inventions, distinctive designs, geographical locations, etc. These property rights are protected by patents and trademarks legislation. Industrial property protection may be offered for a period of 17-20 years. In the Guyana context there are two pieces of legislation under which protection to industrial property is effected, Trademarks Act Chapter 90:01 and Patent & Design Act 90:03.
Copyright and rights related to copyright legislation offers protection to authors of literacy and artistic works, (books and other writings) musical compositions paintings, sculpture, computer programmes and films, etc. The protection is offered up to fifty years after the death of the author. In the Guyana the Copyright Act 1956 provides protection for copyright and rights related to copyright.
For the purpose of this analysis focus will be placed on copyright legislation vis-à-vis industrial property legislation.
Guyana should have been TRIPS compliant by year 2000. Twelve years in the new century and it is still to do so. When will it honour its treaty obligations with the WTO? It cannot go round the globe parading the Copyright Act 1956 which is an antediluvian piece of legislation hopelessly outdated to grapple with the rapid development in information and communication technology. Investors who are serious to plug investment in publishing houses, recording studios, art galleries, etc will walk away when they are shown the Copyright Act 1956. There is no way entrepreneurs will be comfortable that their investment will be protected by this fifty six year old piece of legislation.
Our own world renowned singer, Eddie Grant walked away from this country to establish his recording studio in tiny Barbados. Security of tenure and business confidence buttressed by updated and enforceable copyright legislation wooed Eddie Montague Grant to invest in the land of the flying fish.
A little comparison with some countries in Caricom will position how far off Guyana is TRIPS compliant. Jamaica has its Copyright Act 1993, in Trinidad & Tobago there is the Copyright Act 1997 (Act No. 8 of 1997) and in Barbados there is the Copyright Act 1998 (Act No.4 of 1998). The three countries enacted copyright legislation before year 2000 WTO deadline.
In all three countries the executing institutions are operational, the legislation is implemented and the law is fully enforced. Copyright infringement is a rarity in these countries and wherever it raises its ugly head, it is dealt condignly by law.
Enter Guyana with its Copyright Act 1956 lacking in updated legislation and failure to enforce its weak regulations. The end result is an environment inundated with infringed textbooks, music, songs, paintings, etc. Lawlessness has staked the land.
We love to imitate the creation of others but are too lazy to generate our own creation. For how long will we be content to be hewers of wood and drawers of water? It is time for us to unleash our creativity. In order for this condition to materialize the basic infrastructure will have to be implemented.
For the past two decades the PPP/C was in political office, it failed to enact updated copyright legislation. The failure on its part to address this issue has contributed in no small measure to reduce Guyana to pariah status in the culture industry in the Caribbean and wider afield. It has exposed this country as a dishonourable member of the WTO and its failure to adhere to conditions of international conventions and treaties to which it is a signatory.
In the run up to the recent General & Regional Elections, the manifesto of each of the three main political parties makes interesting reading with respect to enactment of copyright legislation. There is no mention in the PPP/C manifesto to address the infringement of intellectual property rights. It seems that this political party which forms the government is content with the current status quo of open breach of intellectual property rights.
In the manifestos of both opposition parties enactment of copyright legislation is treated as a core policy. Now that the two opposition political parties constitute a majority (albeit by a slim one seat majority) the onus is entrusted to them to correct this historical injustice and restore the dignity and pride of place to this country, that it can once again uphold its international obligations. One of its pressing priorities is to review and enact the Draft Copyright Bill 1999 which the current political administration refused to enact. In pursuance of this course of action Guyana will become WTO TRIPS compliant.
Bholan Boodhoo

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