ARCHIVED NEWS ITEMS

Intellectual Property Partner, Foga Daley & Co. gives a CARICOM perspective at ATRIP’s Congress July 11-13, 2005, Montreal, Canada

Intellectual Property: Bridging Aesthetics and Economics is the theme of this year’s Congress of the International Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP), being held at the University of Montreal, in Quebec, Canada, July 11-13, 2005. The congress brings together around 100 experts, professors and teachers of intellectual
property law addressing topics such as The Financing of Intellectual Property and Recent Developments, Intellectual Property as Collateral Security and Regional Trade Agreements concerning Intellectual Property. Dianne Daley, IP partner of Foga Daley & Co. shares the experience of CARICOM countries in the area of intellectual property and what the future
may hold in the context of the CARICOM Single Market and Economy.

For more on the Congress visit the official website of ATRIP www.atrip.org

Jamaica's Intellectual Property Week & World Intellectual Property Day

Jamaica's National IP Week was scheduled around World IP Day and UNESCO's World Book and Copyright Day (April 23rd). The week's activities included a Workshop on IP issues for Exporters hosted by JAMPRO (Jamaica's Investment and Trade Facilitation Agency) and the Jamaica Intellectual Property Office (JIPO) as well as exhibitions on IP at various academic institutions around the country.

THINK, IMAGINE, CREATE, was the theme for this year's World IP Day celebrated annually on April 26th. It is intended to inspire young people to follow their dreams to the fullest says WIPO, Director General, Dr Kamil Idris.

The objectives are:
 - To encourage young people to recognize their own ability to create;
 - To increase understanding of how protecting IP rights helps to foster creativity and innovation;
 - To raise awareness of the importance in daily life of patents, copyright, trademarks and
    designs.

IP Partner joins ATRIP

Foga Daley & Co. Intellectual Property Partner, Dianne Daley has been accepted for membership in the prestigious professional group the International Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP). The general objective of ATRIP, established in 1981, is to contribute to the advancement of teaching and research in the field of intellectual property law. Professor Dr. Ysolde Gendreau of the Faculte de droit, Universite de Montreal, holds the presidency of the Association.

IP Partner Dianne Daley speaks at the 28th conference of caribbean central america action (CCAA) From december 6-8 2004.

Details Later

TElecoms Partner Nicole Foga appointed Member of the International Committee of the Council of Foundations

Click here for more info...

Dianne Daley participates in the workshop “WTO Decision on Access to Medicines at Affordable Prices by Countries with No or Insufficient Manufacturing Capacities for Pharmaceutical Products”

Dianne Daley, IP Partner, attended a workshop on the “WTO Decision on Access to Medicines at Affordable Prices by Countries with No or Insufficient Manufacturing Capacities for Pharmaceutical Products” organized by the Commonwealth Secretariat, in cooperation with the Agency for International Trade Information and Cooperation (AITIC) and the ACP Secretariat, held in Geneva Switzerland October 12-14, 2004.

The Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS) is one of the multilateral trading arrangements negotiated during the Uruguay Round of negotiations which created the WTO. TRIPS grants 20 years exclusive right to patent holders for the use and production of their products. In terms of pharmaceutical products, compulsory licences allow for the production and sale of generics before the expiration of the patent period. Under Article 31(f) of the TRIPS agreement, governments may issue compulsory licences authorizing the use and production of a patented item by a local producer (not the patent holder) during cases of emergency, provided that the patent holder is adequately compensated and that production is predominantly for the domestic market.

This latter condition significantly hinders the ability of poorer countries, specifically developing and least developed countries, to access drugs, because they have insufficient or no capacity to produce drugs or are unable to import from countries that can produce pharmaceuticals. The August 30, 2003 Decision arrived at by the General Council of the WTO follows up on the 2001 “Doha Declaration on the TRIPS Agreement and Public Health”. Paragraph 6 of the Declaration had urged member states to find an “expeditious solution” by the end of 2002, to enable countries to make use of compulsory licences when necessary. The Decision functions as a waiver of Article 31(f) and will allow for the export of pharmaceutical products to developing and least developed states. The Decision is temporary and is to be replaced by an Amendment to the TRIPS Agreement.

The main purpose of the workshop was to assess the legislative and institutional framework to be adopted at the national level by countries with insufficient or no capacity to produce pharmaceuticals in order for them to benefit from the flexibilities afforded by the Decision while ensuring the quality and standard of pharmaceutical products. The Case Studies undertaken in nine developing countries (Bangladesh, Barbados, India, Jamaica, Kenya, Mauritius, Tanzania, South Africa and Uganda) formed the basis of the discussions of the workshop. Ms. Daley was the expert who prepared the country study relating to the WTO Decision and Jamaica. Several international governmental and non-governmental organizations, as well as developing and least developed states were represented at the workshop.

Foga Daley IP Partner participates in workshop “Reflecting on IPR Technical Assistance to Developing Countries & Transitional Economies”

Foga Daley IP Partner, Dianne Daley was among a group of experts participating in the workshop entitled “Reflecting on IPR Technical Assistance to Developing Countries & Transitional Economies”, held in Burnham Beeches, United Kingdom, September 15-17, 2004. The workshop, sponsored by the DFID (UK Department for International Development) and organized by Saana Consulting, a Finish firm, served as a forum for donor agencies, providers and developing country partners, to discuss the issues confronting developing and transition economy countries related to the design, implementation, enforcement and regulation of IPR regimes, as well as the capacity of such countries to participate effectively in international IPR standard setting. Participating countries included India, Jamaica, Ghana, Vietnam, Zambia Philippines, and the Andean Community countries. During the workshop participants shared information and knowledge on key challenges and strategic issues related to IPR technical assistance on capacity building; discussed improving the effectiveness of IPR technical assistance and capacity building; and considered a menu of follow-on activities, with the aim of producing tangible deliverables to improve coordination, effectiveness and relevance to partner country needs in the future.

Foga Daley Telecoms Partner to speak at the Barbados Small Business Association’s Regional Conference in Barbados, September 9-10, 2004

Foga Daley Telecoms Partner, Nicole Foga, will speak at a conference themed Accelerating The Growth of SME’S – New Approaches & New Solutions, organized by the Barbados Small Business Association in collaboration with PRO€INVEST and the Caribbean Development Bank, being held at the Sherbourne Conference Centre, Bridgetown Barbados. The Conference will feature presentations on the Access to Finance, Marketing, and Regional Mechanisms for Facilitating Trade ICTs and Intellectual Property. Ms. Foga will speak on Intellectual Property Legislation in the Caribbean.

Foga Daley & Co. IP Partner to Chair Intellectual Property Panel at Caribbean Commercial Law Workshop

Foga Daley, IP Partner, Dianne Daley, to Chair Intellectual Property Panel at Caribbean Commercial Law Workshop, Aug 27th 2004, Ritz Carlton, Montego Bay, Jamaica.
Click here for more http://www.commerciallawworkshop.com

The Jamaican Copyright Licensing Agency signed A reciprocal agreement with USA, Copyright Clearance Centre April 26, 2004

On this the mark of World Intellectual Property Day 2004, the Jamaican Copyright Licensing Agency (JAMCOPY) signed a reciprocal agreement with the Copyright Clearance Centre (CCC) after successful though protracted negotiations. The Agreement was signed by Bruce Funkhouser on behalf of the CCC and Carol Newman on behalf of JAMCOPY at the Jamaica Intellectual Property Office. The Agreement brings the number of reciprocal arrangements for JAMCOPY to 15 and is expected to significantly widen the repertoire of works which JAMCOPY can offer access to through its various licences. JAMCOPY already has reciprocal agreements with Argentina, Australia, Belgium, Brazil, Canada, Finland, Greece, Hong Kong, Iceland, Mexico, Slovakia, Spain, the United Kingdom, and Zimbabwe.
 

Foga Daley & Co. participated in Intellectual Property Week Activities, Jamaica

Intellectual Property Week in Jamaica commenced on April 23rd, World Book and Copyright Day and ended on April 30th. Intellectual Property Partner Dianne Daley delivered a presentation on the Importance of Geographical Indications to Economic Development in JIPO’s Public Lecture on the Protection of Geographical Indications and spoke on JAMCOPY’s Licences in the two day Collective Copyright Management seminar hosted by the Jamaican Copyright Licensing Agency (JAMCOPY) and the International Federation of Reprographic Rights Organisations (IFRRO) in association with Canada’s Access Copyright.

For the JIPO Public Lecture on GIs click here.

For the two day Collective Management seminar click here

For a snapshot of IP Week activities click here.
 

Foga Daley Partner, Stacey Mitchell left the Firm for mobile telecoms giant

Effective April 13, 2004, Foga Daley Partner Stacey E. Mitchell took up the position of General Counsel in Jamaica’s largest mobile telecommunications company, DIGICEL®. Given Foga Daley’s emphasis on Telecommunications Law and Policy we are confident that Ms. Mitchell will discharge her duties admirably and wish her all the best in her new post.

Symposium on the Caribbean Court of Justice, Barbados April 18-20, 2004

A Symposium entitled Establishment of the Caribbean Court of Justice (CCJ): The Effect on Intellectual Property and International Trade organized jointly by the International Intellectual Property Institute (IIPI) based in Washington D.C. and the United States Patent and Trademark Office (USPTO) was held in Barbados on April 18-20, 2004. The symposium was attended by several eminent Judges, Queen’s Counsels and other legal professionals across the Caribbean as well as Attorney Generals and officials from the CARICOM Secretariat and Caribbean Intellectual Property Offices. It focused on the impact of Intellectual Property Rights on the operations of the Caribbean Court of Justice and generated fruitful discussions on the pending Caribbean Single Market and Economy. Foga Daley & Co. Intellectual Property Partner, Dianne Daley, moderated a panel discussion on the Enforcement of Intellectual Property Rights and the CCJ. Panelists were the Honourable Justice Roy Anderson Judge of the Commercial Court, Supreme Court of Judicature of Jamaica and Peter Fowler, Senior Policy Advisor in the USPTO. Foga Daley & Co.

Telecommunications Partner, Nicole Foga moderated a panel discussion on Admission to Practice and Continuing Education in Connection with the CCJ. Patrick Patterson, Esq. President of Organization of Commonwealth Caribbean Bar Associations and Othniel Sylvester CMG, Q.C., President of the OECS Bar Association, were among the panelists for that session. That session resulted in the only resolution of the symposium which focused attention on rules for admission to practice at the bar in various Caribbean territories and the need for harmonized approaches.

Please visit the IIPI website at www.iipi.org for more information on the outcome of the symposium and access to the presentations.
 

April 04 - Intellectual Property Month

On March 30th 2004 the Governor General of Jamaica signed a Proclamation making April 2004 Intellectual Property Month noting, among other things that “an effective, efficient and vibrant intellectual property rights system is an essential ingredient for wealth creation in the Jamaican economy” and that the theme for World Intellectual Property Day this year, “Intellectual Property…Paving the Way to Wealth Creation” highlights the link between intellectual property rights and wealth creation for Jamaica and its nationals. Consequently, several activities focused on increasing general awareness on Intellectual Property Rights are expected to occur throughout
this month.

Already, there are two significant days in April which focus on IP Rights:
World Intellectual Property Day, inaugurated by the World Intellectual Property Organization (WIPO) and celebrated annually on April 26th and UNESCO’s World Book and Copyright Day, celebrated annually on April 23rd.

As a national initiative Jamaica has, since 1998, celebrated National Intellectual Property Week, a concept which has gained momentum since WIPO proclaimed April 26 World IP Day. National IP Week 2004 is scheduled for April 23–30 and will feature daily activities including seminars, cultural
events and special media productions on the subject. More details on the schedule of events will follow.

FOGA, DALEY & Co HAVE MOVED OFFICES !

Our new address is 7 Stanton Terrace, Kingston 6.
Our new telephone numbers are (876) 927-4371-3.
Our new fax number is (876) 927 - 5081.

"The move to the new location will offer even more spacious surroundings and is in keeping with the Firm's current plans for expansion".
 

Foga, Daley & co. Partners Nicole Foga and Dianne Daley spoke at II Conference of the Americas: Electronic Commerce, Legal Framework, Progress and Development. February 2nd - 4th 2004.

The Computer Law Association and the Instituto Latinomaericano de Alta Tecnología, Informatica y Derecho (ILATID) hosted a conference entitled 2nd Conference: The Electronic Commerce: Progress and Development of its Legal Framework it was held in beautiful Santo Domingo (Dominican Republic) on February 4-6, 2004. The conference featured experts and governement officials from several countries within the region discussing the new trends in electronic commerce and telecomunications.

Foga, Daley Partner, Nicole Foga was a part of a panel speaking on the Liabilities of Telecommunications Services Providers in Online Commerce while Dianne Daley spoke on the Progress in Privacy Rules.

Visit the conference website: http://www.ilatid.org/
and join the Computer Law Association:  http://www.cla.org/joincla.htm

Foga Daley & Co. Associate represented the Jamaica Performers’ Administration Society at the Societies Council of the Administration of Performers’ Rights Workshop in Paris on Nov. 26, 2003.

Foga Daley & Co. Associate Karene Gilbert Singh represented the Jamaica Performers’ Administration Society (JPAS) at the Societies Council of the Administration of Performers’ Rights (SCAPR) Workshop in Paris on November 26, 2003.

The Workshop, was hosted by the Société de perception et de distribution des droits des artistes-interprètes de la musique et de la danse (SPEDIDAM) brought together several performers’ rights societies from around the world to assist these organizations in identifying the challenges and needs in connection with international cooperation.

The invitation by SCAPR for JPAS represented at this Workshop is a major milestone in the development of Jamaica’s fledgling national society for performers. As the national rights administration society for performing artistes in Jamaica, JPAS’s primary goal is to administer the rights of performers on a collective basis in order to collect and distribute the royalties that they are entitled to under Copyright and Related Rights Laws. Towards this end JPAS has sought collaboration with similar foreign societies and is the first Caribbean Related Rights society to participate in discussions at the international level in the context of the Societies Council of the Administration of Performers’ Rights.
 

foga daley & co. IP Partner spoke at the First Caribbean Audio-Visual Information Conference (CAVIC 2003), Tuesday, November 4th.

IP Partner, Dianne Daley spoke at the plenary session of CAVIC 2003 on the topic Valuing Your Intellectual Assets. CAVIC 2003 (Nov 3-7) was hosted by the National Library of Jamaica in conjunction with the International Federation of Television Archives (FIAT). Miss Daley was also a member of the panel discussion Copyright Protection of Audio-Visual Works on Friday November 7.
 

Access to Information Act Comes Into Force October, 2003

Jamaica will implement the Access to Information (AI) Act, 2002, sometime in October 2003 as Government Agencies prepare themselves to effectively comport with its requirements. The Act was slated to come into force on the 1st of October this year.  However the appointed day has been delayed until later this month.  The first tier of Government to be impacted by the Act will be Government Ministries.

Our IP Partner, Dianne Daley recently addressed these entities on Copyright and other Intellectual Property Rights considerations in the context of the Access to Information Act. She emphasized that access to information was not inimical to respect for the rights of copyright holders and that what was needed is a balance between the various rights and interests represented by both regimes. She said that access to information was not to be hampered by lack of a smooth regime of copyright clearance wherever clearance becomes necessary in the delivery of access. She recommended that clear and uniform guidelines on both access to information and copyright management for public authorities were critical given that access and disclosure of information are doorways to use and exploitation of information making copyright an inescapable issue.

Her presentation covered topics such as:

• Official Documents as defined by the AI Act
• Copyright in Official Documents
• Copyright Ownership Scenarios
• Treatment of Copyright Material under the AI and Copyright Acts
• Management of Copyright by Government
• Trade Secrets, Confidential Information and Access to Information
 

Foga Daley & Co. IP Partner spoke at the International Conference on Copyright Administration, Ottawa, Canada, October 8-11, 2003

Our Dianne Daley was invited by the Copyright Board of Canada to be a panelist at the International Conference on Copyright Administration to be held in Ottawa, Canada. The Conference is the result of an informal meeting of international copyright administrative institutions held in October 2001 in Montreal, Quebec Canada and is hosted by the Copyright Board in collaboration with the departments of Industry Canada, Canadian Heritage, Foreign Affairs and International Trade. Dianne Daley will participate on the panel discussing Tariffication Models to be chaired by Marybeth Peters, Register of Copyrights, USA with keynote speaker being Prof. Ysolde Gendreau, Université de Montréal, Canada. Other panelists include Tarja Koskinen-Olsson of Kopiosto, Finland and Glenn Wong of the Copyright Tribunal, Singapore.

Visit www.iacai.org for more information on the conference.
 

TRADEMARK OWNERS MOVE AGAINST INFRINGERS IN JAMAICA

International clothing company Diesel S.p.A., owner of the DIESEL brand, has begun an aggressive anti-piracy campaign in Jamaica to combat trade in counterfeit products. Foga, Daley & Co. acting on behalf of Diesel S.p.A. obtained from the Supreme Court of Judicature of Jamaica “Anton Pillar” Orders, against three clothing stores located in prime shopping areas in the capital city Kingston for trademark infringement.

Pursuant to the Orders raids were conducted against the Defendants in July and August leading to the seizure of a number of jeans and other counterfeit clothing items bearing the DIESEL trademark and get up. The raids made headline radio and television news in Jamaica.