This Policy is designed to provide a framework which equips authorised Third Parties, as defined in this policy, persons in a commercial relationship (other than employment relations) with the requisite conditions of use and responsibilities and legal obligations associated with use of the Caribbean Examinations Council’s Intellectual Property.

1. Intellectual Property Policy
Third Parties
1/1/23

2. Page 1 of 9
Contents
1.0 Purpose..........................................................................................................................2
2.0 Context ..........................................................................................................................2
3.0 Definitions .....................................................................................................................3
4.0 Responsibilities..............................................................................................................5
5.0 Policy Statement............................................................................................................6
6.0 References.....................................................................................................................6

3. Intellectual Property Policy
1.0 Purpose
1.1. This Policy is designed for the following purposes:
1.1.1 to provide a framework which equips authorised Third Parties, as defined in
this policy, persons in a commercial relationship (other than employment
relations) with the requisite conditions of use and responsibilities and legal
obligations associated with use of the Caribbean Examinations Council’s
Intellectual Property. The use of the Caribbean Examinations Council’s
Intellectual Property is also set out in the terms and conditions (Appendix
attached) which must be consulted, in order to ensure full compliance.
1.1.2 to provide guidelines on the use by authorised Third Parties of the Intellectual
Property owned and/or controlled by the Caribbean Examinations Council
including but not limited to:
- all materials in which copyright subsists
- the trademarks owned by the Caribbean Examinations Council
- all unregistered marks or brands controlled and or owned by the
Caribbean Examinations Council
- all confidential information controlled and or owned by the Caribbean
Examinations Council.
1.1.3 to make provisions for the proper administration of the Caribbean
Examinations Council’s Intellectual Property so as to protect the said
Intellectual Property and safeguard the Caribbean Examinations Council’s
integrity, brand and fiscal identify.
2.0 Context
2.1 This policy covers all Intellectual Property or associated rights owned by and/or
controlled by the Caribbean Examinations Council. This policy includes but is not
limited to copyright, trademarks, unregistered brands and confidential
information.
2.2 This policy shall therefore be the principal policy governing the usage of the
Intellectual Property of the Caribbean Examinations Council by Third Parties of the
Intellectual Property owned and/or controlled by the Caribbean Examinations
Council including but not limited to copyright, trademarks, unregistered brands and
confidential information.

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3.0 Definitions
3.1 Confidential Information: Confidential Information is information, which is
substantial and secret, in the sense that it is not available to the public and is
protectable as classified information; this includes “know-how”.
3.1.1 “Technical know-how”, commercial information and trade secrets.
Information may be confidential even if each part of it could be put
together by the public, although the “building blocks” are available,
they have not previously been put together publicly. Whether the
information is treated as confidential is a matter of law which depends
on how the owner has treated it. If the owner has taken proper steps
to protect the information as confidential information the law will
respect that information. Information may also be of the kind which is
inherently confidential.
3.1.2 Copyright: is a property right which the law gives to creators of literary
works (including scholarly and scientific papers and examination
questions) dramatic, musical and artistic works, databases,
photographs computer programs, films, broadcasts, cable programmes
and the typographically arrangement of published editions. For a work
to enjoy copyright protection it must be original, in the sense that it
should not be a mere copy of another work, and, in addition, it must be
recorded in a tangible form. Certain prescribed requirements must be
satisfied relating to the nationality or habitual residence of the author
of the place of first publication of the work. Copyright protection of a
work is not dependent on registration or other formality. The owner of
copyright in a work is given the exclusive right for a specified time to
exploit the work, subject to prescribed exceptions.
3.2 Intellectual Property: means all material owned and or controlled by the Caribbean
Examinations Council including but not limited to all copyright, trademarks trade
secrets, unregistered rights whether issued or pending. For the purposes only of
clarification, the following definitions of Intellectual Property are stated for
explanatory purposes only as these definitions may vary from jurisdiction to
jurisdiction.
3.3 Moral Rights: The owner of the copyright in a work has the right to be identified as
the author of the work and the right to object to any derogatory treatment of the
work.
3.4 Ownership of Intellectual Property: Any work created by a Staff Member in the
course of employment or commissioned or created by a Staff Member pursuant to
a contract mandating the creation of that work shall be owned solely by the
Caribbean Examinations Council.

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3.5 Technical information: is information such as processes and confidential
methodologies and know-how in use in the sphere of education. This kind of
confidential information is regarded by the courts as secret and protectable even
without a specific contractual obligation.
3.6 Trademarks: Trademarks are words, phrases, logos or other symbols associated with
the quality and reputation of products and services. They are used to identify and
distinguish the products and services of a person or entity from those of another.
The owner of a trademark enjoys exclusive rights conferred by laws to use and
commercially exploit the trademarks.
3.7 Waiver of Moral Rights: The Staff Member as Owner irrevocably and
unconditionally waives all moral rights in respect of the Work to which he/she may
now or at any time in the future be entitled under the Copyright Act of Barbados
and under any similar law in force from time to time during the Term in any part of
the Territory and the Owner (Employee) declares that this waiver shall operate in
favour of the Assignee (The Caribbean Examinations Council) in licensee assigns and
successors in title.
3.8 Authorised Third Parties: Authorised Third Parties are persons who have been
given permission by Caribbean Examinations Council to use the Intellectual
Property and are described below they include the following which are defined
below:
3.9 Adviser and other Intermediary: an individual or organisation providing service and
advice to Caribbean Examinations Council by representing the organisation
towards another person, business and/or government official.
3.10 Agent: an individual or organisation authorised to act for or on behalf of, or to
otherwise represent, Caribbean Examinations Council in furtherance of business
interest.
3.11 Consortium Partner: an individual or organisation, which is pooling its resources
with Caribbean Examinations Council for achieving a common goal. In a
consortium, each participant retains its separate legal status.
3.12 Contractor and Sub-contractor: a contractor is a non-controlled individual or
organisation that provides goods or services to Caribbean Examinations Council
under a contract. A subcontractor is an individual or organisation that is hired by a
contractor to perform a specific task as part of an overall project.

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3.13 Customer: the recipient of a product, service or idea purchased from Caribbean
Examinations Council.
3.14 Distributor: an individual or organisation that buys products from an organisation,
warehouses them, and resells them to retailers or directly to end users Caribbean
Examinations Council.
3.15 Joint Venture Partner: an individual or organisation which has entered into a
business agreement with another individual or Caribbean Examinations Council to
establish a new business entity.
3.16 Student: an Individual enrolled in a course of study guided by the syllabus set by
the Caribbean Examinations Council, who prepares papers (School Based
Assessment) to the Caribbean Examinations Council evaluation and who writes the
examinations set by the Caribbean Examinations Council.
3.17 Partner: A stakeholder that has entered into a formal alliance or business
relationship with Caribbean Examinations Council through a binding contract or
agreement that serves to ensure mutual formal engagement of their planning and
delivery of products and services.
3.18 Supplier/Vendor: an individual or organisation that supplies parts and/or material or
services to Caribbean Examinations Council.
4.0 Responsibilities
The Caribbean Examinations Council – Ownership of Intellectual Property
4.1 The Caribbean Examinations Council is the owner of all Intellectual Property made
by a Staff Member pursuant to any contract or agreement as a result of which the
work is created and/ or any work made by a Staff Member during the course of his
or her employment. Any work created by a Third Party or mandated by an
agreement between the Third Party and the Caribbean Examinations Council by
virtue of contract shall be owned solely by the Caribbean Examinations Council.
Third Parties
4.2 Each authorised Third Party is mandated to use his/her or its best endeavours to

7. Intellectual Property Policy
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report any derogation from this Policy or the Intellectual Property Procedures
and/or any infringement of Intellectual Property.
4.3 Each authorised Third Party is put on notice that the Caribbean Examinations
Council reserves the right to take action for any act of derogation from this policy
or the Intellectual Property Procedures and/or any infringement of the Intellectual
Property of the Caribbean Examinations Council.
5.0 Policy Statement
5.1 All permission given to Third Parties is subject to the process outlined in the
Intellectual Property Procedures.
5.2 The Caribbean Examinations Council retains its full rights to its Intellectual
Property, subject to any relevant agreements and assignments.
5.3 As Caribbean Examinations Council moves towards protecting and safeguarding its
Intellectual Property, while allowing Third Party usage, the Caribbean Examinations
Council takes seriously the risk of intellectual property infringement.
5.4 The Caribbean Examination Council will seek to correct any infringement to its
intellectual property at the earliest opportunity.
6.0 References
6.1 Copyright Act of Barbados Cap 300
6.2 Trademarks Act of Barbados Cap 319
6.3 Protection Against Unfair Competition Cap 329

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APPENDIX – COPYRIGHT TERMS AND CONDITIONS FOR GRANTING PERMISSION FORM
CARIBBEAN EXAMINATIONS COUNCIL
TERMS AND CONDITIONS FOR THE GRANTING OF PERMISSION FOR USE OF
CXC® INTELLECTUAL PROPERTY MATERIAL
Introduction
1. Permission to use intellectual property materials of the Caribbean Examinations
Council (hereafter referred to as “CXC®” or “the Council”) is granted in accordance
with the provisions of the CXC® Intellectual Property (IP) Policy. Any person making an
application (hereinafter referred to as the “Applicant”) for the use of any of the
Council’s intellectual property materials should review this Policy which is available at
www.cxc.org.
A. General Provision
2. Where permission is granted, this permission shall be limited to the specific book or
publication and to the one edition thereof which had been named in the application
to the Council. Permission for online publishing is granted for a fixed period of two (2)
years.
3. Acknowledgement of the Council's permission to use any of its material must be made
in the published work using the Council's correct title, which is the “Caribbean
Examinations Council” and notice of copyright. Individual acknowledgement of
examination questions must be made.
4. Prior to publication, the Applicant must send to the Council, a draft of the sections
where these materials have been referenced and, on publication, three (3) copies of
any work in which CXC® materials have been quoted. In the case of online publishing,
a link to the webpage must be provided prior to being made available to the public.
5. Required disclaimer(s) and credit line(s) must be included in all third-party materials
on the copyright page or on the home page. If materials are presented in a language
other than English, the credit line(s) and disclaimer statement(s) must appear in
English as well as in the country's language.
6. The Council strictly prohibits the use of its copyrighted works for sales, marketing or
promotional purposes.
7. Upon the granting of CXC® to the application for the use of the copyrighted material,
both CXC® and the Applicant will execute a contract in which the terms and conditions
of the purpose for the use of CXC’s copyrighted material are explicitly stated and
agreed upon by both CXC® and the Applicant.

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8. Where the copyrighted materials contain references to other materials, then for the
copyright of which is not owned by the Council, it shall be the Applicant’s responsibility
to obtain such copyright permission(s) from the copyright owner.
9. Upon approval of the copyright material, the Applicant may be required to pay a fee
to CXC®.
10. The fees contained in these Guidelines are subject to amendment by the Council from
time to time at its discretion.
11. Failure to act in accordance with these provisions will be considered a breach of
these terms and conditions and may lead to the withdrawal and destruction of the
publication or, in the case of online publishing, CXC’s material from the website or
online platform.
B. Past Papers
12. Not more than twenty per cent of any single examination paper is to be published, the
exception being that schools may be allowed, subject to obtaining prior approval from
Jamcopy (http://www.jamcopy.com) on behalf of the Council, to photocopy whole
papers which are out of print (and therefore no longer on sale by the Council's
publishers) for use by their students but not for sale.
13. Photocopied whole and/or sections of papers which are out of print must not be
electronically published or broadcasted on online forums or websites, whether for a
limited or indefinite period.
14. The following will not be made available for publication or electronic publication or
online forum broadcasts or websites or any other mode of distribution:
14.1 specimen questions;
14.2 multiple choice items;
14.3 mark schemes;
14.4 questions published within three (3) years of CXC® past papers booklets and
up to and including the current examination year (where applicable).
15. CXC® questions shall not be: with an added cost to be determined
15.1 published with model answers or similar information or notes of any kind;
15.2 altered in any way;
15.3 quoted in books or on websites which consist wholly or even mainly of
exercises, questions and question papers.

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16. Fees for the reproduction of examination questions must be paid to the Council as set
out below:
Caribbean Secondary Education Certificate (CSEC®)
16.1 One Hundred and Fifty United States Dollars (US$150.00) for up to five
questions
16.2 Three Hundred United States Dollars (US$300.00) for six to fifteen questions
16.3 Five Hundred United States Dollars (US$500.00) for sixteen to thirty questions
16.4 Quantities over thirty (30) to be calculated at Five Hundred United States
Dollars (US$500.00) for the first thirty, and Fifteen United States Dollars
(US$15.00) for each additional question.
Caribbean Advanced Proficiency Examination (CAPE®)
16.5 Two Hundred United States Dollars (US$200.00) for up to five (5) questions
16.6 Four Hundred United States Dollars (US$400.00) for six to fifteen (6-15)
questions
16.7 Seven Hundred and Fifty United States Dollars (US$750.00) for sixteen to thirty
(16-30) questions
16.8 Quantities over thirty (30) to be calculated at Seven Hundred and Fifty United
States Dollars (US$750.00) for the first thirty (30), and Twenty United States
Dollars (US$20.00) for each additional question.
C. Syllabuses and other Documents
17. Extracts from syllabuses, Regulations and related documents, and other CXC®
copyrighted materials may be reproduced subject to the submission of an application
and the payment of a reproduction fee determined by the Council according to the
quantum of the extract and the purpose for which it is to be used.
18. To apply for permission, please complete the attached form and submit to:
Administrative Secretary, Office of the Registrar
Caribbean Examinations Council
Prince Road Pine Plantation Road
St Michael BB11091
BARBADOS
Tel: +1 (246) 227-1700; Fax: +1 (246) 429-5421; E-mail: tpayne@cxc.org
Revised: 23 June 2023