Caribbean Law

By Abiola Inniss LLB, LLM, ACIArb It is a sore issue in the administration of justice in Guyana that oftentimes laws that have been passed by the National Assembly for the good of the nation are not practically or properly implemented, or simply sit on the shelves in the Parliament Buildings and elsewhere marking time. This is the very situation in which Guyana’s consumer affairs finds itself with the Consumer Protection Act of 2004. This piece of legislation is undoubtedly and commendably one of the more progressive that has been had in recent times since it proposes practical mechanisms for dealing with the issues of the Guyanese consuming public and takes into consideration the practical needs of the business sector in having matters of dispute resolved in a timely cost effective manner; this is an absolute prerequisite for the development and progression of international business in Guyana and certainly one of the important attractions for securing business in foreign countries...

By Abiola Inniss, LLB, LLM, ACIArb The successes or lack of them in the area of Caribbean intellectual property regulation and enforcement have been attributed to or blamed upon many aspects of the management of Caribbean life and, if the truth be told, the lack of an holistic proactive approach by Caricom itself in creating a legal and regulatory framework for intellectual property. It is trite knowledge that most Caribbean countries are bound by the WTO-WIPO arrangement on TRIPS which, though not entirely suitable for Caribbean usage, still has some efficacy in them and can arguably be adapted to suit Caribbean conditions. The issue then is the adaptation of these rules to suit our Caribbean conditions and the creation of a legal and regulatory framework that will work for our region from them. It is with some bemused interest that onlookers note the penchant for patriotic utterances, which are followed by the vigorous flapping of jackets and waving of arms and, inevitably, sile...

By Abiola Inniss, LLB , LLM, ACIarb The use of arbitration across the Caribbean has been largely within the context of Trade Union disputes and is still something of a novelty in resolving commercial and private disputes in the region (see Rose Marie Belle Antoine, Caribbean Law and Legal Systems, Cavendish, London, 1998). It is interesting to note that more than a decade after the publication of the above mentioned text the situation has registered little change. This may be the result of a reluctance to embrace new methods of dispute resolution, but is more likely due to the absence of regional mechanisms which are expressly for the purpose of Alternative Dispute Resolution, and which are promoted at the regional level. The same is true for Guyana, and it is still a mystery that in the face of the difficulties endured in the Guyana legal system with the timely disposal of cases, a mounting backlog, and the tiresome efforts to dispense with the morass, little or no consideration ...

By Abiola Inniss LLB, LLM It is common knowledge that Intellectual Property issues have begun to envelope the Caribbean region at an increasing rate. One can be randomly exposed to discussions on this subject in almost every sphere of Caribbean activity, especially in the market places where the talk ranges from where the product is made, its quality and suitability and most importantly whether it is a copy or fake (in Guyanese the term is ‘caunter’ or ‘kawnter’ according to your taste) as against an original. This is among other things, the result of increasing consumption of goods and services that originate from developed countries and which have strict regulations attached to them under various agreements, alongside goods that come from other developing countries and which are sometimes shamelessly inferior but which are branded as the well known articles. Most Caribbean countries are members of the World Trade Organisation, which has instituted the Agreement on Trade related As...