Overview
The legal system of SVG is based on English Common Law.
SVG shares the Eastern Caribbean Supreme Court with the other eastern caribbean
states. There is a High Court and a Court of Appeal, and there is
a provision for appeal to the Privy Council in London. However, CARICOM
members have decided to establish a Caribbean Supreme Court as the region's
final court of appeal (1)
Privacy
Privacy is a fundamental human right that is recognized
in the Universal Declaration of Human Rights, the International Covenant
on Civil and Political Rights, and in countless other international and
regional treaties. Privacy is a fundamental concept that is based on other
values such as freedom of association and freedom of speech.
Most countries recognizes a right of privacy in their
constitution. At the very least, most constitutions provide provisions
for the protection of personal rights, such as the rights of inviolability
of the home and privacy of communications. Most countries, are moving towards
adopting privacy laws that protect the individual. Most of
these laws are based on the models introduced by the Organization for Economic
Cooperation and Development and the Council of Europe. (2)
St. Vincent and the Grenadines has such laws in its constitution.
Intellectual Property
With the ever-increasing value of information and its
important role in the development of the world's economies, coupled with
the ubiquitousness of technology and the advent of globalization, the role
of intellectual property rights (IPR) has taken on new importance.
In this area, developing economies are facing many challenges and the Eastern
Caribbean is no different. Not only do these islands need to
look at the issue of IPR from a national perspective , but as well from
an international obligation perspective with respect to TRIPS, Trade Related
Intellectual Property.
IPR protect ideas and information of a commercial value.
In today's ever-changing technological world, protecting commercially viable
ideas is imperative for business success.
SVG has the following national legislation (regulations
and administrative decrees) with respect to Intellectual Property Rights:
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Registration of UK Patents (Amendment) Ordinance 1956
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The Patents Act, June 1898; Patent Rules, 1925
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Trademarks: Ordinance N. 5 of 1940, effective September 3,
1940
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The Copyright Act, 1989 (3)
SVG is a member of WIPO as well. At a conference between
WIPO and the Ministry of Commerce and Technology of Jamaica in June of
1999, a feasibility study was undertaken to look at possibility of collective
management of copyright and related rights, electronic commerce, and other
IPR issues currently affecting these countries, such as:
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challenges and opportunities of electronic commerce
-
impact of eCommerce on the IPR system
-
the protection of copyright and the role of WIPO treaties
in the digital media
-
the domain name system and intellectual property issues (4)
Implications of protecting IPR
Countries which protect IPR should find it easier to
attract foreign direct investment to help stimulate the much need growth
of their economies, which will also help the social advancement of
the country. When a country adopts a legal system to protect IPR
it is sending a message that it will protect information of commercial
value within its jurisdiction. Trademark protection also vital to
investor confidence and a system needs to be developed in this region to
inspire investor confidence.
However, given intangible nature of IPR, an educational
effort must be undertaken to sensitive citizens to the value of IPR in
the development of their countries. This effort needs to be a collaboration
of government, private sector, individuals and technical assistance agencies.
On a national level, trade in services must be elevated
to the same level as trade in goods, in terms of interest and concern.
At present, there are no legal sanctions to combat piracy and violation
of IPR. The laws exist as seen above, however, they do not seem to
be enforced and this could be because of a number of reasons such as the
unavailability of resources to combat infringements. This points
to the need for development of human and institutional resources.
Data Protection
Although the countries of the Eastern Caribbean have
not made any formalized laws regarding data protection and the transfer
of data flow, it seems that the countries of the Eastern Caribbean may
take a stance on the issue similar to that of the US. Although these
countries generally tend to follow Europe because of their historical connection,
this time things may be different. In an article written by the Caribbean
Association of Industry and Commerce, the private sector representatives
for the Caribbean region, it was stated that "the free flow of information
across country borders is essential to trade and eCommerce." Furthermore,
they support the idea similar to the United States to leave the solution
in the hands of the private sector, "with government oversight and regulation
only as a last resort". (5)
Freedom of Information
St. Vincent and the Grenadines, one of Commonwealth
Caribbean states, grants protection to freedom of expression, including
freedom of the press, in Article 12 of its Constitution. Freedom of expression
includes the "freedom to receive ideas and information without interference,"
and
"freedom to communicate ideas and information without
interference (whether the communication be to the public generally or to
any person or class of persons)." The full text of Article 10 of the Constitution
of 1979 reads:
1.Except with his own consent, a person shall not be hindered in the enjoyment
of his freedom of expression, including freedom to hold opinions without
interference; freedom to receive ideas and information without interference;
freedom to communicate ideas and information without interference (whether
the communication be to the public generally or to any person or class
of
persons); and freedom from interference with his correspondence.
However, although the constitution guarantees this right,
it seems that in practice the situation was otherwise. There have been
a combination of various statutory provisions which actually have curtailed
the freedom of expression. There are controls on the importation of newsprint
and printing equipment, requirements for the lodging of substantial bonds
to cover possible awards of damages in libel actions, interpretations of
defamation laws inherited from colonial times, the sub judice rule, and
Official Secrets Acts. It seems that these factors have contributed to
a certain level of censorship in the SVG's media. Furthermore, both
St. Lucia and SVG have been cited as examples of countries where legislation
and official decrees can seriously impair freedom of expression.
(6)
As part of this study done by Transparency International
on the access to information in developing countries, a questionnaire was
circulated to approximately half the countries listed as "developing" by
the UNDP. The countries were selected either because they were subjects
of the most recent Human Rights Watch report, or because other specific
information about them had been discovered in the research. A
completed questionnaire was received promptly from St. Vincent and the
Grenadines. Despite the wording of its Constitution, the official
view is that the guarantee of freedom of expression does not include a
right of access to information. Some type of information can be accessed;
however, the government's private and confidential information cannot be
accessed. (7)
Conclusion
It is evident that SVG needs to address the issues of
IPR and the lack of enforcement of already existing regulations to protect
intellectual property. Furthermore, as suggested to me by the Ministry
of Communication and Works, SVG intends to develop an
information policy which would include informatics and telematics and address
issues such as guidelines for the use of information, information ownership,
the role and responsibility of the Government in facilitating access, and
confidentiality of public sector information. Adoption of supportive national
telecommunication policies, currently in the works in these two countries,
are a clear indication of the increasing awareness of the impact of information
technology resources in this developing region. This issue also has
a direct implication for the sustainability of the activities of the current
OECS project relating to informatics as well as the ability to attract
foreign investment in the IT industry.
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