The correlation between intellectual property (IP) and fashion is always a murky topic to navigate because of the evolving nature of both law and fashion. However, the impact and importance of intellectual property rights to the fashion arena cannot be overlooked.
When considering IP rights in the fashion sphere, copyright, design rights, trademarks, and occasionally patents are key factors to this industry. The application of IP rights in fashion vary across jurisdictions. There is a clear differentiation between the application of these rights in the United States and Europe.
Trinidad and Tobago having derived its laws and precedence from the United Kingdom have laws which specifically cater to design rights. The Industrial Designs Act of Trinidad and Tobago protects the ornamental aspect of useful articles specifically the shape of the article and its lines, designs, patterns and colours.
Trademarks are a pivotal IP tool that should be always implemented when considering ways to protect the design rights associated with fashion. Many of the world’s most coveted designers have risen to fame because of the popularity of their brand and consumer consumption. All reputable designers have registered trademarks that allow them to earn and merchandize their goods, products, and services.
Works of Mas is unique to a few jurisdictions which have incorporated this aspect of intellectual protection into their national laws. Trinidad and Tobago is one such country where works of mas is provided for in the copyright law.
Works of Mas refers to an original production performed by a person or group in which an artistic work in the form of an adornment is the primary focus of the production, and this image may be accompanied by words and choreographed.
The inclusion of work of mas in the Copyright Act of Trinidad and Tobago contemplates the intellectual property attached to Carnival band presentations and the creativity associated with these productions.
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