WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP/N/IIBRB/T/lIAdd.l 
17 October 2001 
(01-5087) 
Original: Englishl 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
BARBADOS 
Addendum 
The present document reproduces the textl of the Trade Marks (Amendment) Act, 2001, as 
notified by Barbados under Article 63.2 ofthe Agreement (see document IP/N/IIBRB/2). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
BARBADE 
Addendum 
Le present document contient Ie textel de la Loi de 2001 portant modification de la Loi sur les 
marques, notifie par la Barbade au titre de l'article 63:2 de l'Accord (voir Ie document IP/N/1/BRB/2). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PA.RRAFO 2 DEL ARTiCULO 63 DEL ACUERDO 
BARBADOS 
Addendum 
En el presente documento se reproduce el textol de la Ley de Marcas de Fabrica 0 de 
Comercio (modificaci6n), de 2001, que Barbados notific6 de conformidad con 10 dispuesto en el 
parrafo 2 del articulo 63 del Acuerdo (vease el documento IP/N/IIBRB/2). 
1 In English only'/En anglais seulement.lEn ingles solamente. IP/N/1/BRB/TIlIAdd.l 
Page 2 
TRADE MARKS (AMENDMENT) ACT, 2001 -16 
Arrangement of Sections 
1. Short title. 
2. Amendment of Cap. 319. 
3. Deletion of section 3 of Cap. 319. 
4. Insertion of new section 5A in Cap. 319. 
5. Amendment of section 5 of Cap. 319. 
6. Amendment of section 8 of Cap. 319. 
7. Amendment of section 10 of Cap. 319. 
8. Amendment of section 12 of Cap. 319. 
9. Amendment of section 26 of Cap. 319. 
10. Insertion of new section 36A in Cap. 319. 
11. Insertion of new sections 36B and 36C in Cap. 319. 
12. Insertion of new sections 49A to 49E in Cap. 319. 
13. Insertion of new sections 50A to 50E in Cap. 319. 
14. Insertion of new sections 53A to 53M in Cap. 319. BARBADOS 
I assent IPINIIIBRB/TIl/Add. I 
Page 3 
C. STRAUGHN HUSBANDS 
Governor-General 
26th July, 200l. 
2001-16 
An Act to amend the Trade Marks Act. 
(6th August, 200 1). Commence­
ment 
ENACTED by the Parliament of Barbados as follows: 
1. This Act may be cited as the Trade Marks (Amendment) Act, Short title. 
2001. 
2. Section 2 of the Trade Marks Act, in this Act referred to as the Amendment 
principal Act, is amended by inserting the following new definitions ~ 319 
in their appropriate alphabetical order: ap. . 
""designated owner" means the person identified as the importer of 
the goods on the entry made in relation to the goods under the 
Customs Act; Cap. 66. 
"Nice Agreement" means the Nice Agreement concerning the 
International Classification of Goods and Services for the 
purposes of the registration of Marks, dated June 15, 1957, as 
revised from time to time; , 
"notified trade mark" means a trade mark in respect of which a notice under 
section 53A is in force; 
"objector" means any person who has given a notice under section 53A; 
"Paris Convention" means the Paris Convention for the Protection ofIndustrial 
Property dated March 20, 1883, as revised from time to time; 
"TRIPS Agreement" means the Agreement on Trade Related Aspects of 
Intellectual Property Rights.". IPINll/BRB/T/ll Add.l 
Page 4 
Deletion of 
section 3 of 
Cap. 319. 
Insertion of 
new section 
5A in Cap. 
319. 3. The principal Act is amended by deleting section 3. 
4. The principal Act is amended by inserting the following new section 
immediately after section S: 
"Special 
require­
ments. SA The use of a trade mark in the course of trade shall not 
be unjustifiably encumbered by any special requirement, 
including use with another trade mark, use in a special form, or 
use in a manner detrimental to the mark's capability of 
distinguishing the goods or services of one enterprise from those 
of another enterprise.". 
Amendment 5. Section 5 of the principal Act is amended by inserting immediately 
of section 5 after subsection (1), the following new subsection: of Cap. 319. 
"(lA) Where an identical sign is used for identical goods 
or services it shall be presumed that the public is likely to be 
misled.". 
6. Section 8(1) of the principal Act is amended by Amendment 
of section 8 
of Cap. (a) deleting paragraph (a) and substituting the following as 319. 
paragraphs (a) and (b): 
"(a) subject to subsection (2), a mark that resembles in 
such a way as to mislead the public, a mark 
registered under this Act by apother person, or for 
which an application for registration by another 
person is pending under this Act; 
(b) subject to subsection (2), a mark that resembles in 
such a way as to mislead the public, a mark sought 
to be registered under this Act in respect ofthe same 
goods or services by a person claiming priority 
under section 12;"; 
(b) renumbering paragraphs (b) to (f) as paragraphs (c) to (g); 
(c) deleting paragraph (d) and substituting the following: 
"(d) subject to subsection (2), a mark that 
(i) is identical with, confusingly similar to or 
constitutes a translation of a mark or trade 
name that is well-known in Barbados as 
being already the mark used by another 
enterprise for identical or similar goods or 
servIces; or Amendment 
of section 
10 of Cap. 
319. IPINIIIBRB/TII/Add.l 
Page 5 
(ii) is well-known and registered in Barbados with 
respect to goods or services that are not 
identical or similar to those in respect ofwhich 
registration is applied for, if that use of the 
mark in relation to those goods or services 
would indicate a connection between those 
goods or services and the owner of the well­
known mark and that the interests of the 
owner of the well-known mark are likely to 
be damaged by such use;". 
7. Section 1 0 of the principal Act is amended by deleting 
paragraph (d) of subsection (2) and substituting the following: 
"(d) a precise statement of the goods or services for 
which registration of the mark is requested, 
accompanied by an indication of the general class 
heading and the class number under the 
classification referred to in the Nice Agreement, 
corresponding to the goods or services to which the 
mark is to be applied.". 
Amendment 8. Section 12 of the principal Act is amended 
of section 
12 of Cap. 
319. (a) in subsection (1) 
(i) by inserting the words "or of the TRIPS Agreement" 
immediately after the words "Paris Convention"; 
(ii) by deleting the words "and number" appearing in 
paragraph (a); and 
(iii) by deleting paragraph (c); 
(b) by inserting immediately after subsection (2) the following new 
subsection: 
"(2A) An application referred to in subsection (2) that 
is in a language other than English, must be accompanied 
by a translation into the English language, certified as 
correct by someone in the other country competent to so 
certify."; and 
(c) by deleting subsection (3). TPINII/BRB/TIl/Add.l 
Page 6 
9. The principal Act is amended by deleting section 26 and Amendment 
substituting the following: of section 26 of Cap. 
"Applica­
tion for 
renewal. 26. An application for renewal of the registration of a 
mark must be in the prescribed form and signed by the 
applicant." . 319. 
1 o. The principal Act is amended by inserting immediately after Insertion of 
section 36 the following new section: new section 36A in Cap. 
"Licence­
contract. 36A. A collective mark or an application therefor, shall 
not be applicable to the subject of a licence-contract.". 
11. The principal Act is amended by inserting the following new 
sections immediately after section 36A: 319. 
Insertion of 
new sections 
368 and 
36C in Cap. 
"Evidence 
in 
proceed­
ings 
before 
Director. 36B. (1) In any proceedings under this Act before 319. 
Costs in 
respect of 
proceed­
ings 
before 
Director. the Director, the evidence may be given by statutory 
declaration or by affidavit. 
(2) The Director, may in any particular case, take oral 
evidence in lieu of, or in addition to the evidence referred 
to under subsection (l), and shall, unless he otherwise 
directs, allow any witness to be cross-examined on his 
statutory declaration, affidavit or oral evidence. 
(3) At any stage of any proceedings before the 
Director, he may direct that such documents, information 
or evidence as he may reasonably require, shall be filed 
within such period as he may specify. 
(4) The Director shall in respect of requiring the 
attendance of witnesses, the examination of witnesses on 
oath, the discovery of documents and the production of 
documents, have all the powers of a judge ofthe High Court. 
(5) The hearing before the Director of any dispute 
between two or more parties relating to any matter in 
connection with an application for the registration of a mark 
or a registered mark shall be in public unless the Director, 
after consultation with those parties who appear in person, 
or are represented at the hearing, otherwise directs. 
36C. (1) The Director may, in any proceedings 
before him, by order, award to any party such costs as he 
may consider reasonable, and direct how and by what 
parties they are to be paid. IP/N/lIBRB/T/lIAdd.l 
Page 7 
(2) The Director may require any person who is a party 
in a!ly proceedings before him under this Act to give 
security for costs in relation to those proceedings; and he 
may require security for the costs of any appeal from his 
decision. 
(3) Where security is not given under subsection (2), 
the party in default may be treated as having withdrawn his 
application, opposition, objection, answer or intervention, 
as the case may be.". 
12. The principal Act is amended by inserting the following new Insertion of 
sections immediately after section 49: new sections 49A to 49E 
"Order of 
erasure 
etc. of 
offending 
sign. 
Order for 
delivery 
up of 
infringing 
goods, 
material 
or articles. 49 A. (1) Where a person is found to have infringed 
a registered trade mark, the court may make an order 
requiring him 
(a) to cause the offending sign to be erased, removed 
or obliterated from any infringing goods, 
material or articles in his possession, custody or 
control; or 
(b) if it is not reasonably practicable for the 
offending sign to be erased, removed or 
obliterated, to secure the destruction of the 
infringing goods, material or articles. 
(2) If an order under subsection (1) is not complied 
with, or it appears to the court likely that such an order 
would not be complied with, the court may order that the 
infringing goods, material or articles be delivered to such 
person as the court may direct for erasure, removal or 
obliteration ofthe sign, or for destruction, as the case may 
be. 
49B. (1) The registered owner ofa trade mark may 
apply to the court for an order for the delivery up' to him, 
or such other person as the court may direct, of any 
infringing goods, material or articles which a person has 
in his possession, custody or control in the course of a 
business. 
(2) An application shall not be made after the end 
of the period specified in section 49D, and no order shall 
be made unless the court also makes, or it appears to the 
court that there are grounds for making, an order under 
section 49E. in Cap. 319. IPlNll/BRB/TIIIAdd,l 
Page 8 
Meaning of 
"infringing 
goods, 
material or 
articles", (3) A person to whom any infringing goods, 
material or articles are delivered up in pursuance of an 
order under this section shall, if an order under section 
49E is not made, retain them pending the making of an 
order, or the decision not to make an order, under that 
section. 
(4) Nothing in this section affects any other power 
of the court. 
49C. (1) In this Act the expressions "infringing 
goods", "infringing material" and "infringing articles" shall 
be construed in accordance with this section. 
(2) Goods are "infringing goods", in relation to a 
registered trade mark, if they or their packaging bear a 
sign identical or similar to that mark and, 
(a) the application of the sign to the goods or their 
packaging was an infringement ofthe registered 
trade mark; or 
(b) the goods are proposed to be imported into 
Barbados and the application of the sign in 
Barbados to them or their packaging would be 
an infringement of the registered trade mark; or 
(c) the sign has otherwise been used in relation to 
the goods in such a way as to infringe the 
registered trade mark. 
(3) Material is "infringing material", in relation to a 
registered trade mark if it bears a sign identical or similar 
to that mark and either 
(a) it is used for labelling or packaging goods, as a 
business paper, or for advertising goods or 
services, in such a way as to infringe the 
registered trade mark; or 
(b) it is intended to be so used and such use would 
infringe the registered trade mark. 
(4) "Infringing articles", in relation to a registered 
trade mark, means articles 
(a) which are specifically designed or adapted for 
making copies of a sign identical or similar to 
that mark; and Period 
after 
which 
remedy of 
delivery­
up not 
available. 
Act 1997-
II. 
Order as to 
disposal of 
infringing 
goods, 
material or 
articles. IP/N/1/BRB/T/I/Add.1 
Page 9 
(b) which a person has in his possession, custody 
or control, knowing or having reason to believe 
that they have been or are to be used to produce 
infringing goods or material. 
49D. (1) Subject to subsection (2), an application for 
an order under section 49B may not be made after the end 
of the period of 6 years from 
(a) in the case of infringing goods, the date on which 
the trade mark was applied to the goods or their 
packaging; 
(b) in the case of infringing material, the date on 
which the trade mark was applied to the 
material; or 
(c) in the case of infringing articles, the date on 
which they were made. 
(2) If during the whole or part of the period referred 
to in subsection (1), the registered owner of a trade mark 
(a) is under a disability; or 
(b) is prevented by fraud or concealment from 
discovering the facts entitling him to apply for 
an order, 
an application may be made at any time before the end of 
the period of 6 years from the date on which he ceased to 
be under a disability or, as the case may be, could with 
reasonable diligence have discovered those facts. 
(3) In subsection (2) "disability" has the same 
meaning as in the Limitation of Actions Ad, 1997. 
49E. (1) Where infringing goods, material or 
articles have been delivered up in pursuance of an order 
under section 49B, an application may be made to the court 
(a) for an order that they be destroyed or forfeited 
to such person as the court may think fit; or 
(b) for a decision that no order under paragraph (a) 
should be made. 
(2) In considering what order should be made, the 
court shall consider whether other remedies available in 
an action for infringement of the registered trade mark 
would be adequate to compensate the registered owner of 
a trade mark, and any licensee, and protect their interests. JPINII IBRB/TllI Add.1 
Page 10 
(3) A notice shall be served on any person who has 
an interest in the goods, material or articles and any such 
person is entitled 
(a) to appear in proceedings for an order under this 
section, whether or not he was served with 
notice; and 
(b) to appeal against any order made, whether or 
not he appeared; 
and an order shall not take effect until the end of the 
period within which notice of an appeal may be given or, 
if before the end of that period notice of appeal is duly 
given, until the final detennination or abandonment of the 
proceedings on the appeal. 
(4) Where there is more than one person interested 
in the goods, material or articles, the court shall make such 
order as it thinks just. 
(5) Ifthe court decides that no order should be made 
under this section, the person in whose possession, 
custody or control the goods, material or articles were, 
before being delivered up, is entitled to their return.". 
13. The principal Act is amended by inserting the following new Insertion of 
sections immediately after section 50: new sections 50A to 50E 
"Unauthoriz­
ed use of 
trade mark 
etc. in 
relation to 
goods. 50A. (1) A person commits an offence who, with a 
view to gain for himself or another, or with intent to cause 
loss to another, and without the consent of the registered 
owner of a trade mark, 
(a) applies to goods or their packaging, a sign 
identical to, or likely to be mistaken for, a 
registered trade mark; 
(b) sells or lets for hire, offers or exposes for sale or 
hire, or distributes goods which bear~ or the 
packaging of which bears, a sign referred to 
under paragraph (a); or 
(c) has in his possession, custody or control in the 
course of a business, any goods referred to 
under paragraph (aJ with a view to the doing of 
anything, by himself or another, which would 
be an offence under paragraph (b). in Cap. 319. JPINII IBRB/TllIAdd. 1 
Page 11 
(2) A person commits an offence who with a view 
to gain for himself or another, or with intent to cause loss 
to another, and without the consent ofthe registered owner 
of a trade mark 
(aj applies a sign identical to, or likely to be 
mistaken for a registered trade mark, to 
material intended 
(i) to be used for labelling or packaging 
goods; 
(ii) to be used as a business paper in relation 
to goods; or 
(iii) to be used for advertising goods; or 
(bj uses in the course of a business, material 
bearing a sign referred to in paragraph (aj, for 
labelling or packaging goods, as a business 
paper in relation to goods, or for advertising 
goods; or 
(cj has in his possession, custody or control in the 
course of a business, any material referred to in 
paragraph (aj, with a view to the doing of 
anything, by himself or another, which would 
be an offence under paragraph (bj. 
(3) A person commits an offence who, with a view 
to gain for himself or another, or with intent to cause loss 
to another, and without the consent ofthe registered owner 
of a trade mark 
(aj makes an article specifically designed or adapted 
for making copies of a sign identical to, or likely 
to be mistaken for, a registered trade mark; or 
(bj has an article referred to in paragraph (aj in his 
possession, custody or control, in the course of 
a business, 
knowing or having reason to believe that it has been or is 
to be used to produce goods or produce material for 
labelling or packaging goods, or to be used as a business 
paper in relation to goods, or to be used for advertising 
goods. IP/N/IIBRB/TIIIAdd.1 
Page 12 
Falsifica­
tion of 
rcgister, 
etc. (4) A person does not commit an offence under 
this section unless 
(a) the goods are goods in respect of which the trade 
mark is registered; or 
(b) the trade mark has a reputation in Barbados and 
the use of the sign takes or would take unfair 
advantage of, or is or would be detrimental to, 
the distinctive character or the repute ofthe trade 
mark. 
(5) It is a defence for a person charged with an 
offence under this section to show that he believed on 
reasonable grounds that the use of the sign in the manner 
in which it was used, or was to be used, was not an 
infringement of the registered trade mark. 
(6) A person who commits an offence under this 
section is liable 
(a) on summary conviction, to a fine of$10 000 or 
to imprisonment for 6 months or to both; 
(b) on conviction on indictment, to a fine of 
$40 000 or to imprisonment for 10 years or to 
both. 
50B. (l) It is an offence for a person to make, or 
cause to be made, a false entry in the Register, knowing or 
having reason to believe that it is false. 
(2) It is an offence for a person 
(a) to make or cause to be made, anything falsely 
purporting to be a copy of an entry in the 
Register; or 
(b) to produce or tender or cause to be produced or 
tendered in evidence anything referred to in 
paragraph (a), 
knowing or having reason to believe that it is false. 
(3) A person who commits an offence under this 
section is liable 
(a) on summary conviction, to a fine of $10 000 or 
to imprisonment for 6 months or to both; IPINIl/BRB/T/1/Add.1 
Page 13 
(bj on conviction on indictment, to a fine of 
$40 000 or to imprisonment for 10 years or to 
both. 
Falsely 50C. (1) It is an offence for a person 
represent­
ing trade 
mark as (aj falsely to represent that a mark is a registered 
trade mark; or regis-
tered. 
Forfeiture 
of 
counterfeit 
goods, etc. (bj to make a false representation as to the goods or 
services for which a trade mark is registered 
knowing or having reason to believe that the 
representation is false. 
(2) For the purposes of this section, the use in 
Barbados in relation to a trade mark 
(aj of the word "registered"; or 
(bj of any other word or symbol importing a 
reference, express or implied, to r~gistration, 
shall be deemed to be a representation as to registration 
under this Act, unless it is shown that the reference is to 
registration elsewhere than in Barbados, and that the trade 
mark is in fact so registered for the goods or services in 
question. 
50D. (1) Where there has come into the possession 
of any person in connection with the investigation or 
prosecution of a relevant offence 
(aj goods which, or the packaging of which, bears 
a sign identical to or likely to be mistaken for a 
registered trade mark; 
(bj material bearing a sign referred to in paragraph 
(aj, and intended to be used for labelling or 
packaging goods to be used as a business paper 
in relation to goods, or to be used for 
advertising goods; or 
(cj articles specifically designed or adapted for 
making copies of a sign referred to in paragraph 
(aj, 
that person may apply under this section for an order for 
the forfeiture of the goods; material or articles. IP/NIl/BRB/TIII Add.1 
Page 14 
(2) An application under this section may be made 
(aj where proceedings have been brought in any 
court for a relevant offence relating to some or 
all ofthe goods, material or articles, to that court; 
(bj where no application for the forfeiture of the 
goods, material or articles has been made under 
paragraph (aj, by way of complaint, to a 
magistrate's court. 
(3) On an application under this section, the court 
shall make an order for the forfeiture of any goods, 
material or articles only if it is satisfied that the relevant 
offence has been committed in relation to the goods, 
material or articles. 
(4) A court may infer for the purposes of this 
section that an offence under this section has been 
committed in relation to any goods, material or articles, if 
it is satisfied that such an offence has been committed in 
relation to goods, material or articles which are 
representative of them, whether by reason of being of the 
same design or part of the same consignment or batch or 
otherwise. 
(5) An order under this section may contain such 
provision as appears to the court to be appropriate for 
delaying the coming into force of the order pending the 
making and determination of an appeal. 
(6) Any person aggrieved by an order made under 
this section by a magistrate's court or by a decision of such 
a court not to make such an order, ~ay appeal against that 
order or decision to the Court of Appeal. 
(7) Subject to subsection (8), where any goods, 
material or articles are forfeited under this section, they 
shall be destroyed in accordance with such directions as 
the court may give. 
(8) On making an order under this section, the court 
may, if it considers it appropriate to do so, direct that the 
goods, material or articles to which the order relates shall, 
instead of being destroyed, be released to such person as 
the court may specify, on condition that that person 
(aj causes the offending sign to be erased, removed 
or obliterated; and Insertion of 
new sections 
53A to 53M 
in Cap. 319. OITcnccs 
by 
corpora­
tions. IP/N/lIBRB/T/lIAdd.l 
Page 15 
(b) complies with any order to pay costs which has 
been, made against him in the proceedings for 
the order for forfeiture. 
(9) For the purposes of this section, "relevant 
offencell means an offence under section 50A, an offence 
involving dishonesty or deception or such other offence 
as may be prescribed. 
50E. (1) Where an offence under this Act which has 
been committed by a body corporate is proved to have 
been committed with the consent or connivance of, or to 
be attributable to any neglect on the part of, a director, 
manager, secretary or other similar officer of the body 
corporate, or any person who was purporting to act in any 
such capacity, he as well as the body corporate, shall be 
guilty of that offence and shall be liable to be proceeded 
against and punished accordingly. 
(2) Where the affairs of a body corporate are 
managed by its members, subsection (l) shall apply in 
relation to the acts and defaults of a member in 
connection with his functions of management as ifhe were 
a director of the body corporate. II. 
14. The principal Act is amended by inserting the following new 
sections immediately after section 53: 
"Notice 
of 
objection 
to 
importa­
tion. 53A. (1) The registered owner ofa trade mark may 
give to the Comptroller of Customs a notice in the 
approved form objecting to the importation after the date 
of the notice, of goods that infringe the trade mark, and 
the notice shall be given together with any prescribed 
document. 
(2) Where 
(a) the owner of the registered trade mark has not 
given a notice under subsection (1); or 
(b) any notice given under subsection (1) is no 
longer in force, 
a registered user ofthe trade mark having power to give a 
notice under subsection (l), may ask the registered owner 
to give such a notice in respect of the trade mark. IPlNllIBRB/TI1IAdd.1 
Page 16 
Comp­
troller of 
Customs. 
Cap. 66. (3) A notice given by the owner of a registered trade 
mark remains in force for 2 years from the day on which 
the notice is gi ven, unless it is revoked before the end of 
that period, by notice in writing given to the Comptroller 
of Customs by the person who is then the registered owner 
of the registered trade mark. 
53B. (1) This section applies to goods manufactured 
outside Barbados that 
(a) are imported into Barbados; and 
(b) are subject to the control of the Comptroller of 
Customs pursuant to the Customs Act. 
(2) Where goods to which this section applies 
(a) have applied to them or in relation to them, a 
mark that, in the opinion of the Comptroller of 
Customs, is substantially identical with, or 
deceptively similar to, a notified trade mark; and 
(b) are goods in respect of which the notified trade 
mark is registered or for similar or related goods 
for which the mark is registered, 
the Comptroller of Customs shall detain the goods unless 
satisfied that there are no reasonable grounds for 
believing that the notified trade mark is infringed by the 
importation of the goods. 
(3) The Comptroller of Customs may from time to 
time require the objector who has given notice under 
section 53A, to give the Comptroller security or further 
security within such time and in such manner, whether by 
way of bond, deposit ofa sum of money or otherwise, as 
the Comptroller may specify, against all actions, 
proceedings, claims and demands which may be taken or 
made against, or cost and expenses which may be incurred 
by, the Comptroller in consequence of the detention of 
goods to which the notice relates. 
(4) The Comptroller of Customs may decide not to 
detain the goods ifhe has not been given by the objector, 
such security in accordance with subsection (3). 
(5) Goods detained under this section shall be kept 
in a secure place as directed by the Comptroller of 
Customs. Notice of 
de ten-
tion. IPlNllIBRB/T/l1 Add.1 
Page 17 
53C. (1) The Comptroller of Customs shall, as soon 
as practicable 
(a) give either personally or by post to the 
designated owner of any detained goods, a 
notice in the approved form identifying the 
goods and stating that they have been detained 
under section 53B; and 
(b) give either personally or by post to the objector, 
or to each obj ector, a notice in the approved form 
(i) identifying the goods and stating that they 
have been detained under section 53B; 
(ii) giving the full name and address of the 
designated owner of the goods and any 
informC'l.tion that the Comptroller of 
Customs has and that he believes, on 
reasonable grounds, to be likely to help the 
objector to identify the importer of the 
goods; and 
(iii) stating that the goods will be released to 
the designated owner unless an objector 
brings an action for infringement of the 
notified trade mark in respect ofthe goods, 
and gives to the Comptroller of Customs 
notice in writing of the action, within the 
period of 1 0 working days after he has been 
given the notice or, if the Comptroller of 
Customs extends that period under section 
53F, within the extended period. 
(2) Where the Comptroller of Customs gives 
notice under subsection (1), the Comptroller shall allow 
the designated owner and the objector sufficient 
opportunity to inspect the detained goods for the purposes 
of substantiating any claim. 
Forfeiture 53D. (1) The designated owner of any detained 
of goods. goods may, at any time before an objector starts an action 
for infringement of a notified trade mark in respect of the 
goods, consent to the goods being forfeited to the Crown, 
by giving notice in the approved form to that effect to the 
Comptroller of Customs. 
(2) Where the designated owner gives a notice 
referred to under subsection (1), the goods are forfeited to 
the Crown. I P/NI l/BRB/TI 11 Add.1 
Page 18 
Release 
of goods 
to owner, 
no action 
for 
infringe­
ment. 53E. (l) The Comptroller of Customs shall release 
the detained goods to their designated owner, if within the 
action period, the objector has not, or none of the 
objectors has 
(a) brought an action for infringement of the 
notified trade mark in respect of the goods; and 
(b) given to the Comptroller of Customs notice of 
the action in the approved form. 
(2) The Comptroller of Customs shall also release 
the detained goods to their designated owner if, 
(a) before the end of the action period, the objector 
or each of the objectors has, by notice in the 
approved form to the Comptroller of Customs, 
consented to the release of the goods; and 
(b) atthat time, 
(i) the objector has not, or none of the 
objectors has, brought an action for 
infringement of the notified trade mark in 
respect of the goods; or 
(ii) any action brought by an objector has been 
withdrawn. 
(3) The Comptroller of Customs may release the 
detained goods to their designated owner at any time 
before the end of the action period if 
(a) the Comptroller of Customs, having regard to 
information that has come to his knowledge 
after the goods were detained, is satisfied that 
there are no reasonable grounds for believing 
that the notified trade mark has been infringed 
by the importation of the goods; and 
(b) the objector has not, or none of the objectors 
has, brought an action for infringement of the 
notified trade mark in respect of the goods. 
(4) In this section, "action period", in relation to 
detained goods, means Action for 
infringe­
ment. IPlNllIBRB/T/lI Add.l 
Page 19 
(a) if there is only one objector to the importation 
of the goods, the period witnin which the 
objector may bring an action for infringement 
of the registered trade mark in respect of goods 
under section 53F; or 
(b) if there is more than one objector to the 
importation of the goods, the period beginning 
on the earliest day on which an objector may 
bring an action for infringement of the 
registered trade mark in respect of the goods 
under section 53F and ending at the end of the 
last day on which an objector may bring such 
an action under section 53F. 
53F. (1) An objector may bring an action for 
infringement of a notified trade mark in respect of detained 
goods and give notice of it in the approved form to the 
Comptroller of Customs 
(a) where paragraph (b) does not apply, within the 
notified period of 10 working days specified in 
the notice given to the objector in respect of the 
goods under section 53C; or 
(b) where 
(i) the objector has, before the end of the 
notified period, applied in writing to the 
Comptroller of Customs for an extension 
of the notified period; and 
(ii) the Comptroller of Customs being 
satisfied that in the circumstances of the 
case it is fair and reasonable to do so, has 
extended the notified period for a number 
of working days not exceeding 10, 
within that period as so extended by the Comptroller of 
Customs. 
(2) The court hearing the action 
(a) may, on the application of a person, allow the 
person to be joined as a defendant to the action; 
and IP/N/1/BRB/T/lI Add.l 
Page 20 
"Approved 
form. 
Manner of 
disposal of 
forfeited 
goods. (b) shalI allow the Comptroller of Customs to 
appear and be heard. 
(3) In addition to any relief that the court may grant 
apart from this section, the court may 
(a) at any time, if it thinks it just, order that the 
detained goods be released to their designated 
owner, subject to any conditions that the court 
considers fit to impose; or 
(b) order that the detained goods be forfeited to the 
Crown. 
(4) Where 
(a) the court decides that the trade mark was not 
infringed by the importation of the goods; and 
(b) the designated owner of the goods, or any other 
defendant, satisfies the court that he has suffered 
loss or damage because the goods were detained, 
the court may order the objector to pay to the designated 
owner or other defendant, compensation in the amount 
determined by the court, for any part of that loss or 
damage that is attributable to any period beginning on or 
after the day on which the action was brought. 
(5) Where, after 3 weeks from the day on which the 
action was brought, there is not in force at any time, an 
order of the court preventing the goods from being released, 
the Comptroller of Customs shall release the goods to their 
designated owner. 
(6) Where the court orders that the goods be 
released, the Comptroller of Customs shall, subject to 
section 53J, comply with the order. 
530. For the purposes of sections 53A, 53C, 53D, 53E 
and 53F, "approved form" means such form as is approved 
by' the Comptroller of Customs. 
53H. Where 
(a) goods are forfeited to the Crown under section 
53D; or Power of 
Comptrol­
ler to retain 
control of 
goods. 
Insuffi­
cient 
security. 
Immunity 
in respect 
of official 
acts. 
Power to 
require 
informa­
tion. IPINII/BRB/TllIAdd.l 
Page 21 
(b) the court orders under section 53F that goods 
be forfeited to the Crown, 
the goods are to be destroyed or otherwise disposed of as 
the Comptroller of Customs directs, except that in the case 
of counterfeit goods, the Comptroller shall not permit the 
re-exportation of those goods in an unaltered state other 
than in exceptional circumstances. 
53!. The Comptroller of Customs 
(a) shall not release, or dispose of, any detained 
goods; or 
(b) shall not take any action in relation to the goods 
to give effect to any order of a court under 
section 53F, 
if the Comptroller is required or allowed to retain control 
of the goods under any other law of Barbados. 
53J. If security given under section 53B(3) by the 
objector who gave notice under section 53A in respect of 
a trade mark is not sufficient to meet the expenses incurred 
by the Crown, as a result of the action taken by the 
Comptroller of Customs under this Act by reason of the 
notice, the amount of the difference between those 
expenses and the amount of security 
(a) is a debt due by the objector, or by the objectors 
jointly or each of them separately, to the Crown; 
and 
(b) may be recovered by an actioT} taken in a court 
of competent jurisdiction. 
53K. The Crown is not liable for any loss or damage 
suffered by a person 
(a) because the Comptroller of Customs detained, 
or failed to detain goods under this Act; or 
(b) because of the release of any detained goods. 
53L. (1) Where 
(a) goods that may be detained under this Act are 
imported into Barbados; and IPlNllIBRB/TllIAdd.! 
Page 22 
Importa­
tion for 
personal 
use. (b) the Comptroller of Customs relying on 
information received, is satisfied on reasonable 
grounds that the use of a trade mark applied to 
or in relation to those goods is fraudulent, 
the Comptroller of Customs may ask the importer of the 
goods 
(c) to produce any document in his or her 
possession relating to the goods; and 
(d) to give information about 
(i) the name and address of the person by 
whom the goods were consigned to 
Barbados; and 
(ii) the name and address of the person in 
Barbados to whom the goods were 
consigned. 
(2) Where the importer intentionally or recklessly 
fails to comply with the request within the prescribed 
period, the importer is guilty of an offence, and is liable 
on conviction on indictment to a fine of $40 000 or 
imprisonment for 6 months or to both. 
53M. Notwithstanding the provisions of sections 53A 
to 53L, the importation by an individual for his own 
personal use, of not more than 5 of the same items bearing 
a registered trade mark in respect of which a notiCe has 
been given in accordance with section 53A shall be 
permitted, but the Comptroller of Customs may permit 
the importation of a greater number of items if he is 
satisfied that they are for the personal use of that 
individual." .