TRINIDAD AND TOBAGO
Since April 2011, last amended in 2014
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Electronic Transactions Act
Trinidad and Tobago enacted the Electronic Transactions Act, drawing upon the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
TRINIDAD AND TOBAGO
Since April 2011, last amended in July 2020
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Electronic Transactions Act
The Electronic Transactions Act establishes a safe harbour regime for intermediaries beyond copyright infringements. According to Art. 50.1 of the Act, an internet intermediary or telecommunications service provider who acts as a conduit for the transmission of data messages, records or information in electronic form is not liable for the content thereof, provided that the intermediary or telecommunications service provider is not aware of criminal intent.
Coverage Internet intermediaries and telecom service providers
TRINIDAD AND TOBAGO
Reported in 2021, last reported in 2023
Pillar Intermediary liability |
Indicator User identity requirement
Mandatory SIM card registration
It is reported that Trinidad and Tobago imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card.
Coverage Telecommunications sector
Sources
- https://www.comparitech.com/blog/vpn-privacy/sim-card-registration-laws/#Type_of_ID_required_by_country
- https://web.archive.org/web/20231023061357/https://privacyinternational.org/long-read/3018/timeline-sim-card-registration-laws
- https://web.archive.org/web/20230123124352/https://www.gsma.com/mobilefordevelopment/wp-content/uploads/2021/04/Digital-Identity-Access-to-Mobile-Services-and-Proof-of-Identity-2021_SPREADs.pdf
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TRINIDAD AND TOBAGO
Since July 2001, last amended in June 2004
Since February 2008
Since February 2008
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Telecommunications Act
The Equipment Certification and Standardisation Framework for the Telecommunications and Broadcasting Sectors in Trinidad and Tobago, February 2008
The Equipment Certification and Standardisation Framework for the Telecommunications and Broadcasting Sectors in Trinidad and Tobago, February 2008
Section 48 of the Telecommunications Act states that the Telecommunications Authority of Trinidad and Tobago (TATT) is responsible for establishing technical standards and certifying telecommunications and radio communications equipment. TATT has done this through the “Equipment Standardisation and Certification Framework for the Telecommunications and Broadcasting Sectors of Trinidad and Tobago”, published in September 2008. The regulation mandates that telecommunications equipment must be certified by submitting an application to the TATT using the "Equipment Certification Application Form". Within the documents and information to be provided, applicants include the International Standardisation certification (FCC, Industry Canada, DoC). Therefore, Trinidad and Tobago recognises international and third-party certifications, but they are merely supporting documents to the application and do not exempt the supplier of a product from applying locally.
Self-certification is not permitted in Trinidad and Tobago for either local or foreign businesses, as a Supplier's Declaration of Conformity (SDoC) is not, by itself, an acceptable certification of compliance with standards.
Self-certification is not permitted in Trinidad and Tobago for either local or foreign businesses, as a Supplier's Declaration of Conformity (SDoC) is not, by itself, an acceptable certification of compliance with standards.
Coverage Telecom equipment
Sources
- https://web.archive.org/web/20250502193858/http://laws.gov.tt/ttdll-web/revision/list?offset=0&q=tele¤tid=806
- https://web.archive.org/web/20210228223949/https://gottbs.com/wp-content/uploads/2018/12/COMMENTS-FROM-TRINIDAD-AND-TOBAGO-ON-THE-8TH-TRIENNIAL-REVIEW-OF-THE-TBT-AGREEMENT.pdf
- https://web.archive.org/web/20221208014139/https://tatt.org.tt/Portals/0/Documents/Equipment%20Standardization%20Framework.pdf
- https://web.archive.org/web/20221208081834/https://tatt.org.tt/Portals/0/Procedures%20of%20Equipment%20Certification%20for%20the%20Telecommunications%20and%20Broadcasting%20Sectors.pdf
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TRINIDAD AND TOBAGO
Since April 2011, last amended in July 2020
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Electronic Transactions Act
The Electronic Transactions Act establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 50.1 of the Act, an internet intermediary or telecommunications service provider who simply acts as a conduit for the transmission of data messages, records or information in electronic form is not liable for the content thereof, provided that the intermediary or telecommunications service provider is not aware of criminal intent.
Art. 50.4 states that an intermediary or a telecommunications service provider is not liable under the Copyright Act for either:
- The infringement of copyright in any work or other subject matter in which copyright subsists; or
- The unauthorised use of any public performance, the duration of which the copyright period has not expired.
Art. 50.4 states that an intermediary or a telecommunications service provider is not liable under the Copyright Act for either:
- The infringement of copyright in any work or other subject matter in which copyright subsists; or
- The unauthorised use of any public performance, the duration of which the copyright period has not expired.
Coverage Internet intermediaries and telecom service providers
TRINIDAD AND TOBAGO
Since December 1996, last amended in September 2024
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Patents Act
According to the Patents Act of Trinidad and Tobago, patent applicants whose ordinary residence or principal place of business is outside the country must meet specific representation and address requirements. Under Art. 18 (d), every patent application must include an address within Trinidad and Tobago for service. Furthermore, Art. 79.2 stipulates that applicants residing or conducting business outside Trinidad and Tobago must be represented by an attorney-at-law who is resident and practising within the jurisdiction.
Coverage Horizontal
Sources
- https://www.wipo.int/wipolex/en/legislation/details/23118
- https://web.archive.org/web/20250419050812/https://ipo.gov.tt/downloads/Patents/Patent_Application_Manual.pdf
- https://web.archive.org/web/20251107011228/https://pctlegal.wipo.int/eGuide/view-doc.xhtml?doc-code=TT&doc-lang=EN
- https://web.archive.org/web/20260216143225/https://laws.gov.tt/ttdll-web/revision/list?currentid=1150&offset=330&q=
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TRINIDAD AND TOBAGO
Since March 1994
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Trinidad and Tobago is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
TRINIDAD AND TOBAGO
Since October 1997, last amended in June 2020
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Copyright Act
Trinidad and Tobago has a clear regime of copyright exceptions that follows the fair dealing model, enabling lawful use of copyrighted works by others without permission. According to Arts. 10 and 11 of the Copyright Act, protection is granted to works by virtue of their creation, regardless of their mode or form of expression, as well as their content, quality, or purpose. The law sets out several exceptions under which copyrighted works may be used without the author’s consent or the payment of compensation, including:
(i) private reproduction for personal purposes (Art. 9);
(ii) reproduction for teaching (Art. 11);
(iii) reproduction by libraries and archives (Art. 12);
(iv) reproduction, broadcasting, and other communication to the public for informational purposes (Art. 13); and
(v) reproduction and adaptation of computer programs (Art. 14).
(i) private reproduction for personal purposes (Art. 9);
(ii) reproduction for teaching (Art. 11);
(iii) reproduction by libraries and archives (Art. 12);
(iv) reproduction, broadcasting, and other communication to the public for informational purposes (Art. 13); and
(v) reproduction and adaptation of computer programs (Art. 14).
Coverage Horizontal
TRINIDAD AND TOBAGO
Reported in 2020, last reported in 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced online in Trinidad and Tobago. Despite a robust intellectual property rights (IPR) legal framework, enforcement is generally weak.
Coverage Horizontal
Sources
- https://web.archive.org/web/20251009083638/https://www.state.gov/reports/2025-investment-climate-statements/trinidad-and-tobago/
- https://web.archive.org/web/20250910075730/https://ustr.gov/sites/default/files/2024%20Special%20301%20Report.pdf
- https://web.archive.org/web/20231228002523/https://ustr.gov/sites/default/files/2020_Special_301_Report.pdf
- https://web.archive.org/web/20210307110324/https://trinidadexpress.com/press-releases/illicit-trade-in-music/article_049abeb4-f2aa-11ea-9874-c39199b2f472.html
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TRINIDAD AND TOBAGO
Since November 2008
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Trinidad and Tobago has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
TRINIDAD AND TOBAGO
Since November 2008
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonogram Treaty
Trinidad and Tobago has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
TRINIDAD AND TOBAGO
Since December 1997, last amended in June 2000
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Protection Against Unfair Competition Act
Trinidad and Tobago does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. Art. 9 of the Protection Against Unfair Competition Act of 1996 determines that any act or practice, in the course of industrial or commercial activities, that results in the disclosure, acquisition or use by others of secret information without the consent of the person lawfully in control of that information and in a manner contrary to honest commercial practices shall constitute an act of unfair competition. In addition, Art. 9 defines "secret information" as well as setting out what its disclosure may result from, such as industrial or commercial espionage or breach of contract.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240716114837/http://laws.gov.tt/ttdll-web/revision/list?offset=0&q=unfair¤tid=656
- https://web.archive.org/web/20231204005631/http://ipo.gov.tt/types-of-ip/trade-secrets/
- https://web.archive.org/web/20250502234451/http://laws.gov.tt/ttdll-web/revision/list?offset=0&q=unfair¤tid=656
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TRINIDAD AND TOBAGO
Since July 2001, as amended in June 2004
Since August 2006, last amended in 2009
Since August 2006, last amended in 2009
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Telecommunications Act
Telecommunications (Access to Facilities) Regulations
Telecommunications (Access to Facilities) Regulations
There is an obligation for passive infrastructure sharing in Trinidad and Tobago to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements. Passive sharing of telecom infrastructure is mandated under Art. 26.1 of the Telecommunications Act of 2001, which was amended in 2004 to include this provision. The document titled Telecommunications (Access to Facilities) Regulations details the regulations for licensees of telecommunications services to negotiate in good faith in order to share the use of their facilities.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20231022234439/http://tatt.org.tt/DesktopModules/Bring2mind/DMX/Download.aspx?Command=Core_Download&EntryId=133&P
- https://web.archive.org/web/20231022234254/https://www.urcabahamas.bs/wp-content/uploads/2017/02/ECS-17-2014-Infrastructure-Sharing-Regulations-1.pdf
- https://web.archive.org/web/20230330170940/https://unctad.org/system/files/non-official-document/dtl_eWeek2017c06-isoc_en.pdf
- https://datahub.itu.int/data/?i=100014
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TRINIDAD AND TOBAGO
Since January 1970
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Telecommunications Services of Trinidad and Tobago Limited (TSTT) is a joint venture between National Enterprises Limited (NEL), a majority state-owned investment holding company, and Cable & Wireless (West Indies) Limited (C&W). NEL holds 51% of TSTT issued share capital, while C&W owns the remaining 49%. TSTT provides communications solutions marketed under the bmobile brand, including mobile and fixed-line services and broadband internet access.
Coverage Telecommunications sector
TRINIDAD AND TOBAGO
Since January 2015
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Telecommunications
(Accounting Separation) Regulations, 2015
(Accounting Separation) Regulations, 2015
Trinidad and Tobago mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market. Under Art. 3 of the Telecommunications (Accounting Separation) Regulations, any concessionaire that provides two or more services must prepare, maintain, and submit to the Authority, within three months of the end of its financial year, separated accounts in accordance with the applicable separated accounts templates set out in the Schedule. The clause mandating functional separation has not been identified in the legal texts.
Coverage Telecommunications sector
