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A Guide to Intellectual Property for Caribbean Librarians


  1. Scope
  2. Related Terms
  3. Introduction International Agreements, Legislation and Policy
  4. Caribbean Intellectual
  5. Property Laws
  6. Secondary Sources

    Textbooks and Monographs
    Articles
    Journal Titles
    Resources on the Internet

    7. Agencies and Organizations International, NGOs, Governmental
    8. Acronyms

 

1. Scope

This guide is intended to help Library and Information Studies students and researchers find literature and resources on international and regional intellectual property rights and laws, as well as the intellectual
property issues of concern to Caribbean information professionals. The focus of the bibliography is Copyright, and it covers the major international and regional law, primary and secondary sources
owned or subscribed to by the Department of Library and Information Studies or the Library of University of the West Indies, Mona, Jamaica. Those regional organizations whose primary function is the administration of intellectual property law and rights are also included.


2. Some Related Terms as Defined in the Harrod's Librarians' Glossary. 8th ed. 1995.

Copyright - A procedure whereby the originator of a piece of intellectual property (book, article, piece of music, etc.) receives due recompense for the inventiveness or imagination expanded.

Copyright Fee - Fee paid to the holder of a copyright for the right to use material for a particular purpose.

Copyright Library - A library which is entitled under the copyright laws to receive a free copy of any or every book published in the country.

Intellectual Property - Generally synonymous with Intellectual work, but carrying a clear emphasis on the value of the work as an asset in a financial sense.

Additional Terms

Electronic Copyright
Digital Copyright Millennium Act
Industrial Property
Intellectual Property Rights
Lending Rights
Electronic Licences


3. Introduction

Intellectual Property (IP) defined:
The World Intellectual Property Organization (WIPO) defines intellectual property as products that result from the creations of the human mind. These creations include inventions, literary and artistic works and symbols, names, the images and designs used in commerce. To better describe what ntellectual property is, WIPO categorizes the products of the mind into two areas, industrial property and copyright property*. Products which are categorized as Industrial property include: inventions (patents), trademarks, industrial designs and geographic indications of source. Copyright covers all literary and artistic works, including: novels, poems, plays, films, musical works, drawings, paintings, photographs, sculptures, maps, technical drawings and architectural designs (WIPO website).

* It may be useful to think of the category copyright property as “copyrightable property”.

Intellectual Property Law:IP law refers to the international and national treaties and laws which WIPO member countries are signatory to. IP law provides internationally recognized protection to intellectual property.

Intellectual Property Rights:
IP rights are “granted for the results of creative activity, i.e. the creation of the human intellect.” IP Law provides the framework for the development of a healthy intellectual property system in every country. Intellectual property rights are integral to the promotion, trade and diffusion of information and
technological innovation.

Copyright is a property right. Copyright provides the framework for rewarding the creators and right owners, by encouraging and rewarding creative human endeavour (Copinger 15). Copyright springs into life immediately upon the recording of the work. Thus, the work is protected as soon as it is recorded,
in writing or otherwise, on paper, canvas, tape disc, film or other medium from which it is capable of being reproduced … there are no formalities required for copyright to subsist and no system for the registration of rights (Copinger 25).

In Jamaica, the owner of the copyright in a work has the exclusive right to do or authorize another to copy the work, issue copies of the work to the public, perform the work in public and make adaptations to it.
(Copyright Act of Jamaica, 1993, Section 2, Part 9 (1).)

Copyright is one of the three main branches of the law of intellectual property; it is a legal term that describes the rights given to creators for their literary and artistic works. Along with patent law and trademark law, copyright has overtaken both in economic importance. The law of copyright faces unprecedented challenges from the accelerating pace of technological innovation. Copyright provides the frame work required to induce authors and other rights owners to create and to reward them for their work. It acts as an incentive also to publishers and others to invest in the dissemination and exploitation of works for the ultimate benefit of the public. Works protected by copyright and the rights related to it
(Garnett, James & Davies 1 - 15).

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4. International Agreements, Legislation and Policy

The international framework for the protection of intellectual property is listed in chronological order

1886, rev 1971, amended 1979 - The Berne Convention for the Protection of Literary and Artistic Works

1952 - Universal Copyright Convention

1961 The Rome Convention for the Protection of the Rights of Performers,
Producers of Phonogram and Broadcasting Organizations

1971 – Phonograms Convention

1988 - Copyright Designs and Patent Act

1994 - Trade Related Aspects of Intellectual Property Rights (TRIPS)

1996 - WIPO Copyright Treaty

1996 - The WIPO Performances and Phonograms Treaty

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5. Caribbean Intellectual Property Laws

Most of the Commonwealth Caribbean’s copyright legislation is based on the United Kingdom Copyright Act of 1911 and 1956. The islands with their own laws include Barbados, Jamaica, St. Vincent,
Trinidad and Tobago.

1993 - The Copyright Act of Jamaica

 

1997 - The Copyright Act of Trinidad and Tobago, (Act No. 8 of 1997)

1998- Copyright and Related Rights. Laws and Treaties Copyright Act- Barbados
http://www.sice.oas.org/int_prop/nat_leg/Barbados/Ca98-le.asp

In 1998 the University of the West Indies developed a policy on intellectual property that is available from the Office of Planning. There is also a document from the Library of the Mona Campus, guiding its operations re the photocopying and its other services.

University of the West Indies – Mona. Copyright Guidelines for Libraries.

University of the West Indies. Office of Planning. A Policy on Intellectual Property for the University of the West Indies. Kingston: Office of Planning, 1998.

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6. Secondary Sources

¨ Textbooks and Monographs:
These items are available either at the Department of Library and Information Studies, or at the Main Library, UWI, Mona.

Allen, Walter C. and Jerome K. Miller, eds. Current Problems in Copyright.
Spec. issue of Library Trends 32.2 (1983): 161-248. IL: University of Illinois, 1983.

Brown, Clara D., and Lynn S. Smith. Serials: Past, Present and Future.
2nd rev. ed. AL: EBSCO Industries Inc., 1980.

Cornish, Graham P. Copyright: Interpreting the Law for Libraries, Archives and Information Services. 3rd rev. ed. London: LA, 2001.

Crawford, Walt and Michael Gorman. Future Libraries: Dreams, Madness, & Reality.
Chicago: ALA, 1995.

Dearnley, John and John Feather. The Wired World: An Introduction to the Theory and Practice of the Information Society. London: LA, 2001.

Ensor, Pat, ed. The Cybrarian’s Manual 2. Chicago: ALA, 2000.

Johnson, Wanda K. and Derrie B Roark. A Copyright Sampler. JCLS Guide #2.
Chicago: ACRL, 1996.

Lesk, Michael. Practical Digital Libraries: Books, Bytes, and Bucks.
CA.: Michael Kaufmann Publishers, 1997.

Norman, Sandy. Copyright in Further and Higher Education Libraries. 4th ed.
The Library Association Copyright Guides. London: LA, 1999.

---. Copyright in School Libraries. 4th ed. The Library Association
Copyright Guides. London: LA, 1999.

Shuman, Bruce A. Foundations and Issues in Library and Information Science.
CO: Libraries Unlimited, 1992.

---. Issues for Libraries and Information Science in the Internet Age.
CO: Libraries Unlimited, 2001.

Sterling, J. A. L. World Copyright Law: Protection of Authors’ Works, Performances, Phonograms, Films, Video, Broadcasts and Published Editions in National, International and Regional Law.
London: Sweet & Maxwell, 1998.

United States. Cong. Digital Millennium Copyright Act. 105th Cong.,
2nd sess. H.R. 2281. Washington: GPO, 1998.

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¨ Articles

Ardito, Stephanie C. "Electronic Copyright." Encyclopedia of Library and Information Science. Ed. Allen Kent.
Vol 64 supp 27. New York: Marcel Dekker Inc., 1999.

Chepesiuk, Ron. “Copyright in the Digital Age: ‘The Comfort Zone is
Going to Go Away’.” American Libraries Jan 2001: 40 – 41.

Committee on Copyright and Other Legal Matters (CLM)
“Copyright and Distance Education.” 21 Oct. 2002.
<http://www.uidaho.edu/evo/dist12.html>.

---. “The IFLA Position on Copyright in the Digital Environment.” 21 Oct. 2002.
<http://www.ifla.org/III/clm/p1/pos-dig.htm>.

---. “The IFLA Position on WTO Treaty Negotiations.” 21 Oct. 2002.
<http://www.ifla.org/III/clm/p1/pos-wto.htm>.

---. “Licensing Principles (2001).” 21 Oct. 2002.
<http:// www.ifla.org/V/ebpb/copy.htm>.

---. “Limitations and Exceptions to Copyright and Neighbouring Rights in the Digital
Environment: An International Library Perspective.” 21 Oct. 2002
<http://www.ifla.org/III/clm/p1/ilp.htm>.

Copyright Clearance Centre. “Copyright Law. Who Needs It?”
21 Oct. 2002. <http://www.copyright.com/CopyrightResources/default.asp>.

Cornish, Graham. "Intellectual Property Rights in the Digital Environment."
Association of Caribbean University, Research and Institutional Libraries,
Aruba, XXX June 2000. unpublished.

Correa, Carlos M. “Intellectual Property Rights and the Use of Compulsory
Licenses: Options for Developing Countries.” Feb. 2002.
<http://www.southcentre.org/publications/complicence/toc.htm>

Crosby, John, comp. “Collective Management of Copyright and Related Rights."
Information Outlook Aug. 2001: 40 - 47

Daley, Dianne. “New International Treaties on Copyright on Copyright and
Neighbouring Rights.” 1997.

Gasaway, Laura. “What’s Happened to Copyright.” Information Outlook
May 2002: 16 – 21.

Gasaway, Laura. “Intellectual Property or Copyright.” Information Outlook
June. 2001, Part of a series, Copyright Corner, begun 1998.

Daniell, Alvin. “The Fairness of Copyright.” Express. 20 Feb. 1997: 9.

Some Basic Facts About Copyright and Neighbouring Rights.
Port-of-Spain: Intellectual Property Office, 2001

“Government Moves to Outlaw Illegal Photocopying.” Express. 8 Mar. 2001: 9.

“The IFLA Position on The World Trade Organization – WTO (2001)”
IFLA Journal Dec. 2001: 8 – 10.

Johnson, Kim. “T&T Saved from the Copyright Cops.”
Express. 13 Mar. 1997: 30.

Joseph, Francis. “Copyright Law Breakers Could Get 10 Years, $100,000.”
Trinidad Guardian. 18 Oct. 1996: 3.

Lyndersay, Mark. “The Nature of Copyright.” Express. 20 Apr. 1997: 9.

Milne, Anthony. “Government to Push Bills on Intellectual Property.”
Express. 9 July 1996: 7.

“Move to Protect Intellectual Property Rights.” Trinidad Guardian. 8 July 1996: 2.

“Paymaster/Grace Continue Intellectual Property Saga.” Gleaner. 3 Oct. 2001: D -1.

Pereira, Beverley. “Copyright in Jamaica.” JLA Bulletin 1985/86: 36 – 39.

Scott, Brendan. “Copyright in a Frictionless World: Towards a Rhetoric
of Responsibility.” First Monday Sep. 2001. Sep. 2001
<http://firstmonday.org/issues/issue6_9/scott>.

Seadle, Michael. “Copyright in the Networked World: International Complications.”
Library Hi-Tech 17.3 1999, Part of a series, Copyright in the Networked World, begun 1999.

Simon, Patricia. “The Impact of the Electronic Age on Copyright as it Relates to
Libraries in the Caribbean.” Association of Caribbean University, Research and
Institutional Libraries, Aruba, XXIX June 1999. unpublished.

Standbury, Lloyd. “Developments in Copyright Law.”
Sunday Gleaner 19 Sep. 199X : C – 1.

Stewart, Taimoon. “Fair Trade in Intellectual Property.”
Trinidad Guardian 2 Mar. 1998: 8.

---. “Untangling Intellectual Property Rights.”
Trinidad Guardian 7 Oct. 1996: 8.

United States Copyright Office. Register of Copyrights.
Report on Copyright and Digital Distance Education, May 1999.
27 Apr. 2004. <http://www.copyright.gov/reports/de_rprt.pdf>

Webster, Duane E. “Copyright, Libraries and the Electronic Information Environment:
Discussions and Developments in the United States.”
62nd IFLA General Conference, Beijing, China 25 – 31 August 1996. unpublished.

Your Invitation to Membership from JAMCOPY – Jamaican Copyright Licensing Agency
Jamaica: JAMCOPY,1999.

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¨ Journal Titles: These journals regularly publish articles on copyright and libraries.

Aslib Proceedings

The CopyrightInfo Newsletter
The defunct organ of the Copyright Unit, (now JIPO), “geared towards providing
updates on local activities on local and international developments in copyright
and related areas as well as short notes on copyright under the Jamaica Copyright
Law 1993 …” Last published in 1999.

IFLA Journal

Information Outlook

International Journal of Information Management

Journal of Global Information Management

Journal of Intellectual Property Law

Library Hi-Tech

Library Trends

First Monday - an electronic journal, subscription to which is free.

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¨ Internet Resources:

Association of College and Research Libraries (ACRL) <http://www.acrl.org>.

Berne Convention For The Protection Of Literary And Artistic Works
(Paris Text 1971)<http://www.law.cornell.edu/treaties/berne/overview.html>.

Canadian Intellectual Property Office. 27 April 2004.
<http://strategis.ic.gc.ca/sc_mrksv/cipo/welcome/welcom-e.html>.

Coalition for Networked Information. 27 April 2004 <http://www.cni.org>.

Collection of Laws For Electronic Access (CLEA) 10 Nov. 2002.
<http://clea.wipo.int>.
Collection of international IP laws, with bibliographic and full text access.

Committee on Copyright and other Legal Matters.
“Committee on Copyright and other Legal Matters (CLM) ” 21 Oct. 2002.
<http://www.ifla.org/III/clm/copyr.htm>.

Copyright Clearing Centre. 18 June 2001. <http://www.copyright.com>.

Copyright Licensing Agency. 13 Feb. 2002. <http://www.cla.co.uk>.

Digital Millennium Copyright Act Study December 2002.
<http://www.loc.gov/copyright/reports/studies/dmca/dmca_study.html>.

Doing Business in Trinidad & Tobago. 11 Nov. 2002. <http://www.trinidadlaw.com>.
Provides a broad overview of intellectual property laws and issues in Trinidad
and Tobago. This site is owed by M. Hamel-Smith & Co, Attorneys-at-law and patent Agents

Educause Current Issues. December 2002. <http://www.educause.edu/issues/dmca.html>.

Electronic Frontier Foundation. 10 Nov. 2002. <http://www.eff.org>.
A private organization which discusses civil right issues arising from
the application of information technology

Foga, Daley & Co. December 2002 <http://www.fogadaley.com>.
Attorneys-at-law, patent and trademark agent in Jamaica

IFLA Committee on Copyright and other Legal Matters. 10 Nov. 2002.
<http://www.ifla.org/III/clm/copyr.htm>.

IFLANET. Information Policy: Copyright and Intellectual Property. 12 Dec. 2002. <http://www.ifla.org/II/cpyright.htm>

Information Resource Management “Attachment B: Application Of Copyright
Law To Electronic Communication “
<http://www.cu.edu/irm/stds/copyright/wwwco.html>.

Intellectual Property Owner's Association. <http://www.ipo.org>.

Intellectual Property Office of Trinidad and Tobago. <http://ipo.gov.tt>.

“Musical Copyright Laws” June 2001.
<http://www.jamaciatadepoint.com/sounds/copy.htm>.

Managing Information. 14 Feb. 2003.
<http://www.managinginformation.com/copyrightspecial.htm>

National Library of Jamaica. 10 Nov. 2002. <http://www.nlj.org.jm>.

National Library and Information System (NALIS) Nov. 2002.
<http://www.nalis.gov.tt/intelprop/IntellectualProp_layout.htm>.

Special Libraries Association. 10 Nov. 2002.
<http://www.sla.org/membership/irc/copyright.html>.

Stanford University Libraries: Copyright and Fair Use. Nov. 2002.
<http://fairuse.stanford.edu>

United States of America Copyright Office. < http://lcweb.loc.gov/copyright>.

University of Texas. University of Texas System Intellectual Property Policy. Sep. 2001 <http://www.utsystem.edu/ogc/intellectualproperty/Backgrnd.htm>.

Washington University School of Law. “A Research Guide to
International Property Law.” June 2001.
< http://law.wustl.edu/Infores/Library/Guides/intellectual-sem.html>.

World Trade Organization. Nov. 2002. <http://www.wto.org>.

WWW Multimedia Law. Nov. 2002. <http://www.batnet.com/oikoumene>.

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7. Agencies and Organizations

Access Copyright
The Canadian Copyright Licensing Agency
1 Yonge Street, Suite 1900
Toronto, Ontario. M5E 1E5
Tel: 1-800-893-5777, 416-868-1620 Fax: 416-868-1621
Email: info@accesscopyright.ca Url: http://www.accesscopyright.ca/
Access Copyright, The Canadian Copyright Licensing Agency, is a not-for-profit agency established in 1988 by publishers and creators to license public access to copyright works. The agency now represents a vast international repertoire along with more than 5,300 Canadian writers, photographers, illustrators and 490 newspaper, book and magazine publishers.

CITED – Copyright in Transmitted Electronic Documents
Url: http://www.cla.co.uk
The Copyright Licensing Agency Ltd. (CLA) is a non-profit making agency that licenses organisations for photocopying and scanning.CLA has received a copy of the consultation document issued by the Patent Office as part of the implementation process of the EU Copyright Directive into UK law.

Copyright Agency Limited
Url: http://www.copyright.com.au

Copyright Clearance Centre
Url: http://www.copyright.com/default.asp

Copyright Clearance Center, Inc., the largest licenser of text reproduction rights in the world, was formed in 1978 to facilitate compliance with U.S. copyright law. CCC provides licensing systems for the reproduction and distribution of copyrighted materials in print and electronic formats throughout the world.

Copyright Organization of Trinidad and Tobago – COTT
45 C Jerningham Avenue, Belmont, Trinidad and Tobago
Tel: 868-623-6101/7311 Fax: 868-623-4755
Email: cott@wow.netUrl: http://www.cott.org.tt
COTT was established in anticipation of the passage of the Copyright Act in 1985, to replace the Performing Right Society Limited (PRS) of the UK; which represented the interest of intellectual property rights holders. COTT was the first national collecting society to be established in the Caribbean and began operating in 1985. Today COTT represents the interests of composers, songwriters, lyricists and music publishers. It manages and licences collectively the performing and reproduction rights of primarily music producers and performers, under the 1997 Copyright Act of Trinidad and Tobago. COTT grants licences and collects fees from users of copyright music, for example radio stations, and distributes the collected royalties to the rights owners.

Corporate Affairs and Intellectual Property Office
http://www.caipo.gov.bb/intell/intell.html
The 'Intellectual Property Section' of the Corporate Affairs and Intellectual Property Office is responsible for administering Barbados' intellectual property rights system and for advising the Ministry of Economic Development on the technical and policy issues which underlie Barbados' intellectual property rights regime.

Intellectual Property Center
5 Altamont Terrace, Kingston 5
Jamaica

Intellectual Property Office of Trinidad and Tobago
Ministry of the Attorney General and Legal Affairs, Intellectual Property Office
3rd Floor Registration House
72-74 South Quay, Port-of-Spain,
Trinidad and Tobago
Tel: 868-625-9972 Fax: 868-624-1221
Email: info@ipo.gov.ttUrl: http://www.ipo.gov.tt
The Intellectual Property Office was created on the 1 December, 1997 (Section 3 of the Patents Act, 1996). Old laws have been amended and new laws have been enacted to offer a wider variety of protection for the people of Trinidad and Tobago and the international community. The mission of the IPO office is to stimulate research and creativity within the Republic of Trinidad and Tobago by providing intellectual property rights and the legal means for their protection, encouraging the public disclosure and the effective use of accurate information on creative effort, thereby enhancing the competitiveness and contributing to the economic and social development of the people of Trinidad and Tobago. The Intellectual Property Laws are as follows:

The Patents Act, 1996 (Act No. 21 of 1996). The Patents Amendment Act, 2000 (Act No. 54 of 2000).
The Trademark Act (Chapter 82:81) and Amendment (Act No. 17 of 1994, No. 25 of 1996, No. 31 of 1997).
The Geographical Indications Act, 1996 (Act No. 20 of 1996).
The Industrial Designs Act, 1996 (Act No. 18 of 1996).
The Layout-Designs (Topographies) of Integrated Circuits Act, 1996 (Act No. 19 of 1996).
The Protection of New Plant Varieties Act, 1997 (Act No. 7 of 1997).
The Copyright Act, 1997 (Act No. 8 of 1997).
The Protection Against Unfair Competition Act, 1996 (Act No. 27 of 1996).
The Miscellaneous Amendments Act, 2000 (Act No. 18 of 2000).

International Federation of Reproduction Rights Organisations (IFRRO)
Rue du Prince Royal 87, B-1050 Brussels, Belgium
Tel: +32 2 551 08 99 Fax: +32 2 551 08 95
E-mail: secretariat@ifrro.be Url: http://www.ifrro.org/
The International Federation of Reproduction Rights Organisations links together all RROs as well as national and international associations of rightsholders. As such, IFRRO has three primary purposes: (1) to foster the creation of RROs worldwide; (2) to facilitate formal and informal agreements and relationships between and on behalf of its members; and (3) to increase public and institutional awareness of copyright and the role of RROs in conveying rights and royalties between rightsholders and users.

Jamaica Copyright Licensing Agency - JAMCOPY
2 East Avenue, Swallowfield, Kingston 5, Jamaica.
Tel: 876-754-8910 Fax: 876-920-9444
Email: jamcopy@cwjamaica.com
The Jamaican Copyright Licensing Agency (JAMCOPY) is a non-profit organization legally incorporated in Jamaica. JAMCOPY is the national Reprographic Rights Organisation (RRO) and was established by Jamaican authors (writers, poets, journalists, playwrights, photographers, illustrators, visual artists, etc.) and publishers to manage their reprographic reproduction rights. Reprographic reproduction includes photocopying, facsimilie, xerography, copying onto mircrofilm, duplicating etc.

Jamaica Association of Composers Authors and Publishers - JACAP
See article in Jamaica Observer November 2002 on JACAP

Jamaica Intellectual Property Office – JIPO
1 B Holborn Road Kingston 10, Jamaica
Tel: 876-754-6360
Url: http://www.mct.gov.jm/portfolio or http://www.mct.gov.jm/portfolio/copy_right.htm
Formerly the Copyright Unit of Jamaica, under the Office of the Prime Minister; in 2001 renamed the JIPO, now under the Ministry of Industry Commerce and Technology. JIPO is the primary agency with responsibility formatters on intellectual property in Jamaica.Its programme of activities is guided firstly
by the Jamaica Copyright Act of 1993 amended and enforced since 3 September, 1999, and secondly, the two international conventions to which Jamaica is a signatory – The Berne Convention for the Protection of Literary and Artistic Work (amended 1979) and WIPO. As set out in the Copyright Act, a Copyright Tribunal was established, the Secretariat of which is JIPO.
The function of the Tribunal is to hear and determine matters that relate to licences, royalties and other payments.

Jamaica Performers Administration Society Ltd. – JPAS
5 Altamount Terrace, Kingston 5, Jamaica
email: jpas@cwjamaica.com

The United States Copyright Office
http://www.copyright.gov

The World Intellectual Property Organization - WIPO
http://www.wipo.org
The World Intellectual Property Organization (WIPO) is an international organization dedicated to promoting the use and protection of works of the human spirit. These works – intellectual property – are expanding the bounds of science and technology and enriching the world of the arts. Through its work, WIPO plays an important role in enhancing the quality and enjoyment of life, as well as creating real wealth for nations. With headquarters in Geneva, Switzerland, WIPO is one of the 16 specialized
agencies of the United Nations system of organizations. It administers 23 international treaties dealing with different aspects of intellectual property protection. The Organization counts 179 nations as member states, some of which include:

Antigua and Barbuda
Bahamas Barbados
Cuba Dominican Republic Grenada
Guyana Haiti Jamaica
St. Kitts and Nevis St. Lucia St. Vincent and the Grenadines
Trinidad & Tobago

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8. Acronyms

IFLA – International Federation of Library Associations
JAMCOPY - Jamaica Copyright Licensing Agency
JIPO - Jamaica Intellectual Property Office
JPAS - Jamaica Performers Administration Society Ltd.
RRO- Reprographic Rights Organizations
WIPO – World Intellectual Property Office
WTO – World Trade Organization

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Prepared by Angelique Alleyne
November 2002
Updated April 2004

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