Eproint’s Gabriela Bodden Explores IP Challenges in the Caribbean and Latin America

• The complex IP landscape in the Caribbean, and its recent developments and challenges.
• Legal challenges emerging from the Metaverse, including issues related to trademarks, patents, and copyright.
• The effects of outdated IP legislation in certain Caribbean countries.
• Common pitfalls in IP management, including the risks associated with complacency.
• The importance of seeking ongoing education and staying informed within the field of intellectual property

#1.) So, as the industries change, new inventions come into place, and these new creations must be protected in some way. And this is precisely what excites me about the world of IP, because you have to become very creative in order to guide clients along the way and protect their creations adequately in so many jurisdictions.

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#2.) Not one country is identical to another, and this is especially true in this region of the world there is a group of countries that are French speaking, for instance, others are Spanish, or Caribbean jurisdictions. Then there are the common law, Anglo speaking, Caribbean jurisdictions, the civil jurisdiction ones, such as the Dominican Republic or Cuba, for instance. So there's an interesting mix of 2 types of legal systems, and as an IP expert in the Caribbean, one must navigate the system and guide our clients with a strategy.

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#3.) While the metaverse has a great potential to significantly expand the digital economy, it raises a lot of legal issues pertaining specifically to IP protection. And this touches trademarks, patents, copyright ownership, enforcement licensing and the transfer of information from a company to potential users.

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#4.) Currently, the legal framework for protecting IP in the metaverse and artificial intelligence is based on various international treaties and agreements. For example, there's the Bern Convention which establishes the minimum standards for copyright protection in most countries around the world. Additional agreements have been adopted to adapt to the digital environment including the WIPO copyright treaty. So a lot of these treaties regulate things such as work in digital form in an electronic medium such as an NFT or a file displayed in the Metaverse which constitutes a reproduction that requires prior approval from the copyright owner. So therefore, it's very crucial to obtain permission from the copyright holder before creating and displaying any virtual assets based on protected works. So in order for people to be able to protect IP in the Metaverse, there are several steps that you can take.

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#5.) Some of the mistakes that companies make are that they become too relaxed, and thinking that people might not realize that their invention is so creative that they can use it and then do something new with it.you know. They become too comfortable in a position where they say, Okay, I'm using this trademark, but I haven't registered it, you know, and in some countries it's the first time file basis. So if you're using a trademark register, it protects your creations, because at the end of the day it's what gives your company value.

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