In 2016 the World Economic Forum using data from the International Labour Organization (ILO), ranked Saint Lucia number 3 in the world for having more female professionals than male with a 38% to 62% ratio.

This number has tipped even more in favour of women over the years, and follows through all professions including the Legal, where locally the term “Petticoat Bar” was coined, as at one time female lawyers out numbered their male counterparts in the Fraternity as Registrars, practicing members of the Utter Bar, in the Magistracy and on the High Court Bench! So, having deduced that I am 62% better placed to pen this article than my male Saint Lucian counterparts, what now follows is gospel and not subject to Appeal!

As a female practitioner in the IP sector in Saint Lucia, and following a quick glance at our firm’s IP client database as well as at the information gathered over the past 23 years, what was immediately obvious is that although there are more female lawyers in Saint Lucia, who like myself, have a sub-specialism in Intellectual Property law and assist local, regional and international Inventors and Creatives to patent, copyright or trademark and thus protect their designs and inventions, only a mere handful of the manuscripts, designs, trademarks or other submissions of intellectual property for protection have come from women. Why was that I now wonder? Are women less inventive and creative than men? The statistics from the Womens Institute for Policy Research show that over the past 40 years, 5 times more women have registered patents in the United States than prior to then, yet we still only make up about 7% of Patent holders. Or are we perhaps just not as interested in or astute at protecting our ideas and conclusions?

Some intra-flection was in order. When I started my practice in 2000, coming up with a unique name was a no brainer. Ancestry.com has only 13 records under the ‘Glitzenhirn’ family name. So that part was settled. There was no need therefore to think of any fancy name for the firm. What I was given to use many years back stood out all by itself. Now for a logo, a symbol with which persons over time would identify my firm and which should, if any of those other 12 carriers of the Glitzenhirn name out there coincidentally also be in the legal profession, differentiate me from them. As a child I used to challenge myself with being able to recognize a logo and associate the company, from car emblems to food chains, not truly understanding the significance or relevance of the same, but they always caught my attention. It was just a game to while away the time!

So off to Shelley Ann Harding, my much admired and appreciated graphic designer I trotted. After a consultation or two she went to work her magic and within no time came back with the winning design …. (drop in GLITZ logo….).

Much thought went into it, and I am actually quite surprised that over the years, I have only ever been asked to explain it a few times! So now that I know that you have just taken another look, here is a brief description: Starting with the triangle, if you turn it on its side, a creative mind will see the “G” in Glitzenhirn, turn it back as depicted, and it represents the “A” in Augustin, and finally, if you remove the peaks of the triangle, you are left with the Zodiac symbol for Libra,which is also at times depicted as a Legal Scale! Such brilliance! She deserves accolades, at least an OBE or similar for Creativity! Maybe I should have a word with that committee…… But let me not digress. At that point it was still her creation and depending upon the terms of our arrangement, until I paid her for the same, the rights to use this logo remained with her. Understanding the implications, I swiftly made final payment allowing me to claim ownership of this intriguing creation and assume full rights of user to and over the same. With name and logo in hand, I selected paper and card stock and set off for the printers and in two beats there I was, with a first batch of letterheads and business cards (remember this is back in 2000 so there was no tap & drop back then) in hand, ready to conquer the Legal Profession. Wow! I really just started my own firm! 23 years later I am using a slightly shortened name (GlitzLaw), and having given no further thought to those other Glitzenhirn’s out there, am content with the growing recognition of my firms’ name over the years, and am thus unperturbed about imposters. But what about my logo? Could there perhaps be someone who liked the look of Shelley’s triangular creation, and without permission, has been using it for their own business? What did I do to safeguard myself and avoid such a possibility? NOTHING! I did nothing, even though as one of the 62%’ers, I am fully aware of the consequences of non-protection of a Mark. Is this perhaps what many other female owners of Trademarks and Inventions have and are doing by way of protecting their rights…..NOTHING?! Is the messaging about the significance of IP not one which encompasses both males and females? Are females perhaps simply more trusting, believing that no one would be mean or crafty enough to use what’s not theirs without permission? Do women not value their creations as much as men? Why did this 62%’er not give to herself and take the advice she provides to others? Is my Mark not worth protecting?

The process is so simple, and I have all of the tools at my fingertips. I simply need to select and authorize an Agent (I wonder whether I can engage GlitzLaw?), complete and sign the Trademark Application Form, provide 7 copies of my logo, describe it as I did above and then file with the Registry of Companies and Intellectual Property (ROCIP) in Saint Lucia, and yet I still have not done that! And what about the fact that I do undertake work regionally and internationally? Should I extend my protection outside of the island? Do I believe my Mark to be that worthy? I know 38% of my fellow Professionals (that’s the men if you remember) would! So, what is the cause of my hesitancy I ask myself?

About 4 years ago, WIPO, the World Intellectual Property Organization, saw the need to make the theme for World IP Day on 26 th April, “Powering Change: Women in innovation and creativity”. They too recognized that women were less likely to celebrate the role they play in shaping society, and so needed a special “push” for self-recognition. With the protection of intellectual property, which is essential for world economic growth being enshrined in the Universal Declaration of Human Rights, it was hoped that many more female leaders in innovation, design, science and technology or holders of interests which give rise to the growth of civic society, will recognize the importance of their intellect and see it as being worth showcasing and protecting in the same manner in which their male counterparts do theirs.

It is time therefore, to spearhead a targeted educational campaign focused on women, from innovators in cottage industries and services to ground breaking female scientists, encouraging each to value their creation or idea, recognize its novelty and protect all of the rights and deserved accolades ensuing therefrom, for the benefit of us all. I will therefore be marching myself down to ROCIP, and in the not to distant future (well in about 6 – 8 months for the entire process here in Saint Lucia) will be able to place that hotly desired ® next to my ‘Glitz Law’ mark, as a sign to all that this firm is protected, to be respected and fully aware of its capability and value!

Natalie E. Glitzenhirn-Augustin

In keeping with the framework of the Economic Partnership Agreement (EPA), the European Union Intellectual Property Office (EUIPO) has been actively working to strengthen the intellectual property (IP) rights environment in the Caribbean region, particularly to support local businesses that trade their products across borders. In this article, we will explore how the EUIPO is helping to protect the rights of Caribbean businesses and why this is crucial for their growth and development.

Its useful to remind ourselves of the role of intellectual property rights in the Caribbean region, being the legal protections granted to individuals and businesses for their creations, such as inventions, trademarks, and designs. These protections allow creators to control how their work is used and to derive financial benefits from it. In the Caribbean, a strong intellectual property rights framework is essential for businesses that rely on their intellectual property assets to compete in the global marketplace.

However, the intellectual property rights environment in the Caribbean is not always well-established. Some countries in the region lack the resources and infrastructure to effectively protect and enforce IP rights. This can create a challenging environment for local businesses, particularly those that trade their products across borders within the Caribbean and beyond.

To address these challenges, the EUIPO has been working with Caribbean governments and stakeholders to strengthen the IP rights environment in the region through the CARIFORUM Intellectual Property Rights and Innovation (CArIPI) project. Through this association the EUIPO has provided technical assistance and capacity-building activities to support the development of IP laws, regulations, and enforcement mechanisms. This includes training workshops, seminars, and expert missions to share best practices and build local expertise.

One example of the EUIPO’s work in the Caribbean is the recent launch of a regional IP database. The database, called the Caribbean Intellectual Property Office Network (CIPO-Net), is a collaborative platform that allows Caribbean businesses and IP offices to search for and register trademarks and designs across multiple jurisdictions. This can help businesses protect their intellectual property assets more effectively and reduce the risk of infringement.

Another project saw the launch of a new online multi-lingual consultation tool ‘Caribbean TMclass’, which allows access to the lists of terms accepted as suitable to identify goods and services for the purposes of the registration of marks by the thus far eight (8) participating Caribbean IP Office territories, being Antigua & Barbuda, Belize, Cuba, The Dominican Republic, Saint Kitts and Nevis, Saint Lucia, Trinidad and Tobago and Saint Vincent and the Grenadines. As the tool allows access to over 78,000 terms which applicants can use to describe the goods and services they are seeking to protect, being online, this will also reduce the likelihood of inconsistency across the region.

The Global Pandemic saw a rise in the number of cottage industries where persons tapped into their hidden skills to produce food, cosmetic and other household items or hone their talents to provide much needed entertainment and services. This resulted in a rise in online trade as these goods and services utilized online business platforms to market and sell their products and brands. But as we all know, once something is made available online on an ecommerce platform or even more simply on Instagram or FaceBook, it is open for anyone anywhere to see, copy and adopt.

How easy it now is to duplicate a product intricately crafted somewhere on the other side of the Caribbean Sea, and pass it off as ones own creation in the local market. Imagine the surprise if when surfing the internet, a mango soap branded ‘Sabon St. Lisi’, (the Creole name for Saint Lucia) said to be manufactured from “locally” grown ingredients is the #1 soap being marketed and sold in Cuba? Where does that leave the actual St. Lucian original producer?

The EUIPO’s efforts to strengthen the IP rights environment in the Caribbean have significant benefits for local businesses. By protecting their intellectual property assets, businesses can safeguard their reputation, brand image, and market position. They can also increase their competitiveness by ensuring that their innovations and designs are not copied by competitors. This can help to spur innovation and economic growth in the region.

In conclusion, the EUIPO’s work to strengthen the intellectual property rights environment in the Caribbean is an important step towards supporting local businesses that trade their products across borders. By providing technical assistance and capacity-building activities, the EUIPO is helping to create a more robust and effective IP framework that benefits businesses and economies in the region.

By Natalie E. G Augustin