October 24, 2020

Cayman Islands Copyright laws to change

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thumb_wayne pantonThe Copyright (Cayman Islands) Order 2015
As part of the Ministry of Commerce’s modernisation of intellectual property rights and responsibilities, the UK has extended its 1988 Copyright Act to Cayman.
The Act has been extended by the Copyright (Cayman Islands) Order 2015, which was passed by the UK Privy Council on 19 March.
The Copyright (Cayman Islands) Order 2015 will revoke the extension of the UK’s 1956 Copyright Act to the Cayman Islands, and replace it with the extension of the UK’s 1988 Copyright Act, subject to the changes indicated in the Order. The changes reflected in the Order were requested by the Cayman Islands Government.
‘Cayman’s intellectual property legislation – the big three of which are copyrights, patents, and trade marks – affects all commerce, from financial services to creative endeavours’, said Minister of Commerce Wayne Panton.
He acknowledged that for an inordinately long time, successive governments have heard from local entrepreneurs and artists, as well as from potential investors, who need the security provided by stronger intellectual property (IP) protection either to safeguard their current works, to engage in either the development of new business, or to relocate business to Cayman.
‘These persons recognise the importance of having IP rights. They also understand that having those rights also means exercising the responsibility to uphold them, by not infringing upon the rights of others’, Minister Panton said.
He explained that copyright modernisation, with the first step being the extension of the UK’s 1988 Act, is a major piece of Cayman’s overall IP modernisation initiative.
‘Without the extension, Cayman still would be bound by the UK’s 1956 Copyright Act. That Act was enacted some 60 years ago’, Minister Panton said. ‘To put this into perspective, let’s look at copyrighting for music alone, and think about how music is made and distributed today. There was nothing like digital sampling, or digital music downloading to mobile phones and tablets, back in 1956’.
The IP modernisation initiative will also be the backbone of another ongoing major initiative to enhance and develop a significant information technology sector, as part of the domestic economy.
Although passed, the Order will not come into force in the Cayman Islands until a commencement date has been determined. It is anticipated that there will be at least a six-month period before commencement, to allow the Ministry of Commerce to conduct a public education campaign and to make necessary arrangements for local implementation.
More information on the UK’s IP protection framework, including the 1988 Copyright Act, is available on www.gov.uk/government/organisations/intellectual-property-office.

Related stories:
New Copyright Order updates Cayman’s intellectual property protection
Abraham Thoppil and Colin McKie QC Maples and Calder
On 19 March 2015, the United Kingdom extended certain provisions of the Copyright, Designs and Patents Act 1988, as amended (the “1988 Act”) to the Cayman Islands as set out in The Copyright (Cayman Islands) Order 2015 (the “Copyright Order”). Although formally enacted, the Copyright Order will only come into effect once the associated regulations have been finalised and brought into force. This is currently anticipated to occur by the end of the third quarter of 2015. A further client update will be provided at that time.
Copyright protection in the Cayman Islands is currently provided by the UK Copyright Act 1956 (the “1956 Act”). In 1988 the United Kingdom repealed the 1956 Act and replaced it with the 1988 Act, but left the 1956 Act still in force in the Cayman Islands. The Copyright Order repeals the 1956 Act with respect to the Cayman Islands and replaces it with the 1988 Act. This will enable the Cayman Islands to offer modern intellectual property protection for copyrights in line with those in the United Kingdom and other countries of the European Union.
SOURCE: http://www.maplesandcalder.com/news/article/new-copyright-order-updates-caymans-intellectual-property-protection-1069/

US warns Caribbean over copyright
From Kaieteur News
Caribbean countries will have to address the issue of copyright laws soon. The United States is increasing concerns over the use of material coming out of that country without acknowledging the country’s laws.
According to the New York Amsterdam News where the matter has acquired prominence, the U.S. has begun to crackdown on Caribbean trade bloc countries that have used American television and other programs without respecting copyright issues for decades.
“Officials warned many of the territories that they will be disqualified from preferential export trade schemes if they fail to comply,” Caricom stated. The issue is at the top of the agenda of a packed bloc trade ministers meeting scheduled for the headquarters here next month.
“After stern warnings from Washington in recent months, the bloc said that the Bahamas and Jamaica were among the first countries to scramble teams to begin negotiations on intellectual property rights with officials in the U.S. to avoid their countries being cut off or suspended from participation in the Caribbean Basin Trade Partnership Act (CBTPA), which allows goods from member countries to benefit from preferential treatment at U.S. ports.”
It was stated that St. Kitts, where a new government only came to power in the past month, has also been warned to get its act together or face CBTPA qualification problems.
Most of the 12 other bloc states, which includes Guyana, have not taken any action to begin making local broadcast houses. Some hotel chains and other large commercial entities pay for rebroadcasting American television and cultural programs while reselling them and raising revenue through paid advertisements.
“The bloc said the Ministers will have a full discussion on the issue and will most likely take the advice of legal professionals, as the situation has been festering for years without any real action from either side, the Caribbean region in particular.”
Governments are concerned about this situation because exporters are the ones who will feel the brunt of any negative fallout from a cut or suspension of trade preferences under the scheme.
Officials said that the likely recommendation from next month’s post-Easter meeting will be for countries to begin their own bilateral negotiations in a hurry to maintain their trade preferences, following the example of Jamaica and the Bahamas, both of which depend on boat and planeloads of American tourists and are known to prefer to maintain good commercial and other relations with the U.S.
Another key agenda item would have to do with Caribbean indigenous commercial banks complaining that counterpart institutions in the U.S. are not completing transactions on their behalf and are beginning to regard the Caribbean as a high-risk group to do business with.
The matter was raised at the midyear leaders’ summit in the Bahamas last month. A subcommittee has been formed to investigate and treat with the developments.
For more on this story go to: http://www.kaieteurnewsonline.com/2015/03/24/us-warns-caribbean-over-copyright/

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