WORLD TRADE
ORGANIZATIONIP/N/6/BLZ/1
6 June 2000
(00-2224)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:   English
CHECKLIST OF ISSUES ON ENFORCEMENT1
Responses from Belize
Civil and Administrative Procedures and Remedies
(a) Civil judicial procedures and remedies
1. Specify the courts which have juri sdiction over IPR infringement cases.
The Supreme Court of Judicature of Belize ha s jurisdiction over civil law aspects of all
intellectual property right infringement cases.
Copyright Bill, 2000
Part V of the Bill deals with the subject of  "Infringement of copyrights".  Clause 36(1)
provides, inter alia , that:
"(1) Subject to this Act, infringements of copyright shall be actionable in the
Supreme Court at the suit of the owner of the copyright …..".
Industrial Designs Bill, 2000
Clause 2 of the Bill defines the word "Court" as the Supreme Court.  Clause 23 provides as
follows:
"23(1) The Court shall have jurisdiction in cases of disputes relating to the
application of this Act, and in matters which, under this Act, may be brought
before it.
 23(2) Any person who has been aggrieved by a decision of the Register under this
Act may, within two months of that decision, appeal to the Court."
Patents Bill, 2000
Clause 2 of the Bill defines "Court" as the Supr eme Court.  Clause 41(1) confers on the owner
of a patent the right to institute proceedings in the Court against any person who infringes the
patent.
                                                     
1 Document IP/C/5.IP/N/6/BLZ/1
Page 2
Protection of Layout-Designs (Topographies) Bill, 2000
Clause 2 of the Bill defines "Court" as the Supreme Court.  Clause 23 provides as follows:
"23(1) The Court shall have jurisdiction in cases of dispute relating to the
application of this Act or the Regulations and in matters which, under this
Act, may be brought before it.
 23(2) Any person who is aggrieved by the decision of the Minister or the Registrar
under this Act may within two months of  that decision appeal to the Court."
Protection of New Plant Varieties Bill, 2000
Clause 2 of the Bill defines the word "Court" as  the Supreme Court.  Clauses 43(1) and 44(1)
confer jurisdiction over matters related to new plant varieties on the Court.  They provide
respectively as follows:
"43(1) Any person aggrieved by a decision of the Registrar under this Act may
appeal against that decision to the Court."
"44(1) Subject to this Act, infringements of the rights of the holder of a breeder's
right shall be actionable in the Court at the suit of that holder."
Trade Marks Bill, 2000
Clause 2(1) of the Bill defines "Court" as the Supreme Court.  Clauses 49 to 55 deal with
infringement proceedings.  These Clauses confer on the Court the jurisdiction to determineissues relating to trademarks in Belize.
2. Which persons have standing to assert IP Rs?  How may they be represented?  Are there
requirements for mandatory personal appearan ces before the court by the right holder?
Copyright Bill, 2000
Clause 3(1) defines "author" as follows:
"author" means the person who creates a work, being(a) in relation to a literary or dramatic work, the author of the work;(b) in relation to a musical work, the composer;(c) in relation to an artistic work other than a photograph, the artist;
(d) in relation to a photograph, the person taking the photograph;
and, where the context requires, shall be taken to be, in relation to:(e) a sound recording or film, the person by whom the arrangements necessary for
the making of the recording or film are undertaken;
(f) the typographical arrangement of a published edition, the publisher;IP/N/6/BLZ/1
Page 3
(g) a broadcast, the person making the broadcasting as described in section 6(2) or,
in the case of a broadcast which relays another broadcast by reception and
immediate re-transmission, the person making that other broadcast;
(h) a cable programme, the person providing the cable programme service in which
the programme is included;
(i) a computer-generated literary, dramatic, musical or artistic work, the person by
whom the arrangements necessary for the creation of the work are undertaken."
Standing to assert intellectual property rights in copyright, therefore, vests in the owner or
author of the infringed works.  (Clause 39(1) as read with Clauses 7(1) and Part V.)  Suchauthors have standing to assert their intellectual property rights in copyrighted works.
However, copyright in protected works usually devolve from the author to an assignee by
testamentary disposition or by operation of the law (Clause 26(1)) and such assignee becomes
the owner vested with standing to assert intellectual property rights in the protected works.
Performers have standing to protect the exploitation of their performances from unauthorisedexploitation (Clause 107(1)(a)).  A person having recording rights in relation to a
performance has standing to protect such recordin gs to be made only with his consent or that
of the performer (Clause 107(1)(b)).  The owners  of computer programmes also have standing
to protect their work against infringement.
The persons outlined above with standing to assert intellectual property rights in protected
works may either represent themselves personally in proceedings before the Supreme Court
or may appear through an agent, who must be an attorney-at-law.
Industrial Designs Bill, 2000
Clause 4 of the Bill provides that the right to re gistration of an industrial design belongs to the
creator, or co-creators if there are more than one creators of the same design.  Such right is
assignable, and may be transferred by succession.  Further, exploitation of the design may be
made by some person other than the creator(s) or assignee(s) through written authorization,
known as a licence contract (Clause 16(1)).  The persons with intellectual property right
standing in respect of industrial designs, therefore, are the creators, assignees, transferees and,to the extent provided in Clause 24(6), licensees.
Clause 22 requires every applicant for an industrial design who is resident outside Belize to
be represented by an attorney-at-law who has been enrolled to practice in the courts of Belize
in accordance with the relevant law.  Such agents, among other things, represent theirprincipals in all proceedings in the Supreme Court and before the Registrar in respect of
matters related to industrial designs.  Appearan ces by the owners of the industrial designs is
not mandatory since appearance may be made on their behalf by their agents.
Patents Bill, 2000
Rights to a patent or utility model belong to th e inventor or co-inventors (Clause (4)), or to an
employer where the invention was made in the execution of a contract of employment or for
the execution or work (Clause 15(1)).  The patent, utility model or rights obtained thereunder
may be assigned or mortgaged (Clause 31(2)), or may be the subject of a licence authorizing alicensee to exploit the invention (Clause 31(4) and Part IX).  The people with standing to
assert intellectual property rights in respect of patents and utility models therefore are the
inventors, the employers of employees who made the invention pursuant to Clause 15(1),
assignees, mortgages and licensees.IP/N/6/BLZ/1
Page 4
Clause 61 requires applicants for patents and utility models to have agents who will represent
them in all proceedings before the Registrar and the Supreme Court.  Appearances by the
patent or utility model holders in such proceedings is not mandatory but is only optional.
Protection of Layout-Designs (Topographies) Bill, 2000
Clause 5(1) of the Bill vests the right to protection of a layout-design in the creator of the
layout-design, or in any assignee or transferee by succession.  Exploitation of the layout-
design may also be transferred by the creator to another person through a licence contract
(Clause 16(1)).  The people with standing to as sert intellectual property rights in respect of
layout-designs, therefore, are the creators, assignees, transferees and licensees.  Clause 19provides that these people may appoint agents to represent them.   Therefore, their appearance
in proceedings before the Registrar and the Supreme Court is only optional, not mandatory.
Protection of New Plant Varieties Bill, 2000
Breeders of a new plant variety, and their successors in title, and any assignee or transferee of
the title in the new plant variety, and any licensee, have standing to assert intellectual property
rights in respect of new plant varieties (Clauses 10, 15 and 46).  These people may be
represented by an attorney-at-law, and need not personally appear in proceedings before the
Registrar or the Supreme Court.
Trade Marks Bill, 2000
The owner of a trademark, collective mark or certification mark has standing to assert his
rights in respect of the mark.  Clause 73 provides that every applicant of a mark whoseordinary residence is outside Belize shall be represented by an attorney-at-law who is resident
and practising in Belize in accordance with the relevant law.  It follows that the owners of
such marks need not appear in proceedings before the Registrar or the Supreme Court, but
may do so through their attorney-at-law.
3. What authority do the judicial authorities h ave to order, at the request of an opposing
party, a party to a proceeding to produce evidence which lies within its control?
Proceedings to assert intellectual property righ ts, just like all other civil proceedings before
the Supreme Court, will be subject to the Rules of Procedure of the Supreme Court.  Applications in
respect of intellectual property rights for copyright, patents, industrial designs, layout-designs,
trademarks and new varieties of plants will be subject to the rules of discovery of documents provided
in Order XXVIII, especially Rules 10, 13 and 14 thereof, which provide as follows:
"Application
for discovery
of documents10. Any party may, without filing an af fidavit, apply to the Court for an
order directing any other party to any cause or matter to make discovery on oath
of the documents which are, or have been, in his possession or power, relatingto any matter in question therein.  On th e hearing of such application the Court
may either refuse or adjourn the same, if satisfied that such discovery is not
necessary, or not necessary at that stage of the cause or matter, or make such
order (Form Nº 34, App. K.), either generally or limited to certain classes of
documents as may in the discretion of the Court be thought fit:
Provided that discovery shall not be ordered when and so far as the
Court shall be of opinion that it is not necessary either for disposing fairly of the
cause or matter or for saving costs.IP/N/6/BLZ/1
Page 5
Production of
documents13. It shall be lawful for the Court at any time during the pendency of any
cause or matter to order (Form Nº 35, App. K.) the production by any party
thereto, upon oath, of such of the documents in his possession or power relating
to any matter in question in such cause or  matter, as the Court shall think right;
and the Court may deal with such documents, when produced, in such manner
as shall appear just.
Inspection of
documents referred
to in pleadings or
affidavits14. Every party to a cause or matter shall be entitled, at any time, by notice
in writing (Form Nº 10, App. B. Pt. II.) to give notice to any other party in
whose pleadings or affidavits reference is made to any document, to produce
such document for the inspection of the party giving such notice, or of hisAttorney-at-Law, and to permit him or them to take copies thereof;  and any
party not complying with such notice shall not afterwards be at liberty to put
any such document in evidence on his behalf in such cause or matter, unless he
satisfies the Court that such document relates only to his own title, he being a
defendant to the cause or matter, or that he had some other cause or excusewhich the court shall deem sufficient for not complying with such notice;  in
which case the Court may allow the same to be put in evidence on such terms as
to costs and otherwise as the Court shall think fit."
Discovery is the procedure whereby one party to an action must disclose to the other party the
existence of all documents which are or have been in his possession and which are material to the
issues in the action.  Discovery refers to the disclosure and inspection of documents as opposed to
facts.  Documents include originals and copies of original documents, tape recordings and computer
disks.  Discovery may be automatic or ordered, general or specific, and it may relate to documents not
within the jurisdiction.  The main aims of discovery are to save costs, and to dispose of the matterfairly.
4. What means exist to identify and protect confidential information brought forward as
evidence?
The Evidence Act, Chapter 75 of the Laws of Belize, Revised Edition 1980-90, deals with the
mechanisms employed to protect confidential info rmation which may be brought forward as evidence
in any proceedings.  Such evidence is generally treated by the Courts as inadmissible evidence.
Section 61 of the Evidence Act provides as follows:
"Legal
professionprivilege61. (1) A legal adviser or his client shall not be compelled to disclose any
confidential communication, oral or written, which passed between them,directly or indirectly through an agent of either, if such communication was
made for the purpose of obtaining or giving legal advice.
(2) The communication must have been made to or by the legal adviser in
his professional capacity or by the client while the relationship of client andlegal adviser subsisted, whether or not litigation was pending or contemplated,
to entitle the client to claim privilege from disclosure.
(3) No claim of privilege from disclosure shall be allowed if the
communication between a client and his legal adviser was made for the purposeof committing a fraud, crime or other wrongful act.
(4) "Legal adviser" means counsel or solicitor."IP/N/6/BLZ/1
Page 6
Where privilege is claimed for any document, the court may itself inspect it in order to decide
whether the claim is valid.  In addition to the foregoing provisions, Clause 42(7)(b) of the Patent Bill,
2000, provides that in requiring the production of evidence, the court shall take into account the
legitimate interests of the defendant in not disclosing his manufacturing and business secrets.
5. Describe the remedies that may be ordered  by the judicial authorities and criteria,
legislative or jurisprudentially, for their use:
- injunctions;
- damages, including recovery of profits, and expenses, including attorney's fees;
- destruction or other disposal of infr inging goods and materials/implements for
their production;
- any other remedies.
Copyright Bill, 2000  -  Remedies for infringement of economic rights
Clauses 36 to 40 deal with remedies for infrin gement of economic rights and they provide as
follows:
"Action by
owner of
copyright forinfringement36. (1) Subject to this Act, infringements of copyright shall be
actionable in the Supreme Court at the suit of the owner of the
copyright;  and in any action for such an infringement all suchrelief by way of damages, injunction, accounts or otherwise shall
be available to the plaintiff as is available in any corresponding
proceedings in respect of the infringements of other proprietary
rights.
(2) Where, in an action for infringement of copyright, it is
proved or admitted that:
(a) an infringement was committed, but
(b) at the time of the infringement the defendant was not
aware, and had no reasonable grounds for suspecting,that copyright subsisted in the work to which the
action relates, the plaintiff shall not be entitled under
this section to any damages against the defendant in
respect of the infringement but shall be entitled to an
account of profits in respect of the infringementwhether any other relief is granted under this section
or not.
(3) Where an action under this section for an infringement of
copyright is proved or admitted, the Court, having regard (inaddition to all other material considerations) to the flagrancy of
the infringement, and to any benefit accruing to the defendant by
reason of the infringement, shall have power in assessing
damages for the infringement, to award such additional damages
as the Court may consider appropriate in the circumstances.IP/N/6/BLZ/1
Page 7
(4) In an action for infringement of copyright in respect of
the construction of a building, no injunction or other order shall
be made:
(a) after the construction of the building has been begun,
so as to prevent it from being completed;  or
(b) so as to require the building in so far as it has been
constructed, to be demolished.
Order for
delivery up in
civil proceedings37. (1) Subject to the provisions of this section, where a person
(a) in the course of his business, has an infringing copy of
a work in his possession, custody or control;  or
(b) has in his possession, custody or control an article
specifically designed or adapted for making copies of
a particular protected work, knowing or having reason
to believe that it has been or is being used to make
infringing copies, the copyright owner may apply tothe Court for an order that the infringing copy or
article be delivered up to him or to such other person
as the court may direct.
(2) An application under subsection (1) shall not be made
after the end of the period specified in section 136;  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 135 for the disposal of the infringing copies.
(3) A person to whom an infringing copy or other article is
delivered up pursuant to an order made under this section shall, ifan order under section 135 is not made, retain it until an order or
decision is made by the Court under that section.
Right to seize
infringingcopies, etc.38. (1) Subject to any decision of the court under section 135,
and to the conditions specified in subsections (2), (3) and (4)below, an infringing copy of a work which is found exposed or
otherwise immediately available for sale or hire, and in respect of
which the copyright owner would be entitled to apply for an
order under section 37 may be seized and detained by him or a
person authorised by him.
(2) Before anything is seized under this section notice of the
time and place of the proposed seizure shall be given to a local
police station.IP/N/6/BLZ/1
Page 8
(3) At the time that anything is seized under this section
there shall be left at the place where it was seized a notice in the
prescribed form containing the prescribed particulars as to the
person by whom or on whose authority the seizure is made andthe grounds on which it is made.
(4) In this section "premises" includes land, buildings, fixed
or moveable structures, vehicles, vessels and aircraft.
Wide injunction
available tolicensing
bodies.39. Where, in an action under this Part:
(a) the infringement of copyright is proved or admitted, and
(b) the plaintiff is a licencing body (as defined in section 88),
and
(c) the Court, having regard to all material circumstances, is
satisfied that effective relief would not otherwise be
available to the plaintiff,
the Court may grant an injunction extending to all the protected
works, of which the plaintiff is the owner of the copyright,
notwithstanding that the infringement related to only one or some
of the said works.
Proceedings in
case of copyright
subject to
exclusive licence40. (1) For the purpose of this section, the expression:
"exclusive licence" means a licence in writing, signed by
or on behalf of an owner or perspective owner of
copyright, authorising the licensee, to the exclusion of all
other persons, including the grantor of the licence, to
exercise a right which by virtue of this Act would (apart
from the licence) be exercisable exclusively by the ownerof the copyright;  and "exclusive licensee" shall be
construed accordingly;
"if the licence had been an assignment" means if, instead
of the licence, there had been granted (subject to termsand conditions corresponding as nearly as may be with
those subject to which the licence was granted) an
assignment of the copyright in respect of its or their
application to the doing, at the places and times
authorised by the licence, of the acts so authorised;  and
"the other party", in relation to the owner of the
copyright, means the exclusive licensee, and, in relation
to the exclusive licensee, means the owner of the
copyright.IP/N/6/BLZ/1
Page 9
(2) This section shall have effect as to proceedings in the
case of any copyright in respect of which an exclusive licence has
been granted and is in force at the time of the events to which the
proceedings relate.
(3) Subject to the following provisions of this section, the
exclusive licensee shall (except against the owner of the
copyright) have the same rights of action, and be entitled to the
same remedies, under section 36 as if the licence had been an
assignment, and those rights and remedies of the owner of the
copyright under that section.
(4) Where an action is brought either by the owner of the
copyright or by the exclusive licensee, and the action, in so far as
it is brought under section 36, relates (wholly or partly) to an
infringement in respect of which they have concurrent rights ofaction under that section, the owner or licensee, as the case may
be, shall not be entitled, except with the leave of the Court, to
proceed with the action, in so far as it is brought under that
section and relates to that infringement, unless the other party is
either joined as a plaintiff in the action or added as a defendant;but this subsection shall not affect the granting of an
interlocutory injunction on the application of either of them.
(5) In any action brought by the exclusive licensee by virtue
of this section, any defence which would have been available to adefendant in the action, if this section had not been enacted and
the action had been brought by the owner of the copyright, shall
be available to that defendant as against the exclusive licensee.
(6) Where an action is brought in the circumstances
mentioned in sub-section (4) above and the owner of the
copyright and the exclusive licensee are not both plaintiffs in theaction, the court, in assessing damages in respect of any such
infringement as is mentioned in that subsection
(a) if the plaintiff is the exclusive licensee, shall take into
account any liabilities (in respect of royalties orotherwise) to which the licence is subject;  and
(b) whether the plaintiff is the owner of the copyright of
the exclusive licensee, shall take into account any
pecuniary remedy already awarded to the other partyunder section 36 in respect of that infringement, or, as
the case may require, any right of action exercisable
by the other party under that section in respect
thereof.IP/N/6/BLZ/1
Page 10
(7) Where an action, in so far as it is brought under
section 36, relates (wholly or partly) to an infringement in respect
of which the owner of the copyright and the exclusive licensee
have concurrent rights of action under that section, and in thataction (whether they are both parties to it or not) an account of
profits is directed to be taken in respect of that infringement,
then, subject to any agreement of which the Court is aware
whereby the application of those profits is determined as between
the owner of the copyright and the exclusive licensee, the Court
shall apportion the profits between them as the Court may
consider just and shall give such directions as the Court mayconsider appropriate for giving effect to that apportionment.
(8) In an action brought either by the owner of the copyright
or by the exclusive licensee:
(a) no judgement or order for the payment of damages in
respect of an infringement of copyright shall be given
or made under section 36, if a final judgement or
order has been given or made awarding an account of
profits to the other party under that section in respectof the same infringement;  and
(b) no judgement or order for an account of profits in
respect of an infringement of copyright shall be given
or made under that section, if a final judgement ororder has been given or made awarding either
damages or an account of profits to the other party
under that section in respect of the same infringement.
(9) Where, in an action brought in the circumstances
mentioned in subsection (4), whether by the owner of the
copyright or by the exclusive licensee, the other party is not
joined as a plaintiff (either at the commencement of the action or
subsequently) but is added as a defendant, he shall not be liable
for any costs in the action unless he enters an appearance and
takes part in the proceedings.
(10) The copyright owner shall notify any exclusive licensee
having concurrent rights before applying under section 37 for an
order for the delivery up of infringing copies of a work or before
exercising the right of seizing under section 38;  and the Court
may, on the application of the licensee, if it thinks fit, havingregard to the licence, make an order under section 37 or make an
order prohibiting or permitting the exercise by the copyright
owner of the right conferred under section 38."IP/N/6/BLZ/1
Page 11
Copyright Bill, 2000  -  Remedies for infringement of moral and related rights
Clause 46 specifies the remedies available for infringement of moral and related rights and it
provides as follows:
"Remedies for
infringing moral
rights, etc.46. (1) The infringement of a right conferred under sections 15,
16, 17 or 18 is actionable as a breach of statutory duty owed to
the person entitled to the right.
(2) In an action for infringement of the right conferred by
section 16, the Court may, if it thinks it an adequate remedy in
the circumstances, grant an injunction on terms prohibiting thedoing of any act unless a disclaimer is made on such terms and in
such manner as may be approved by the Court, dissociating the
author or director from the treatment of the work.
(3) Where in any action an infringement of a right referred to
in subsection (1) is proved or admitted, the Court may order the
defendant to publish such correction in such terms and in such
newspaper as the Court may direct."
Copyright Bill, 2000  -  Remedies for infringement of rights in performances
Clauses 118 to 120 specify the remedies availabl e for infringement of rights in performances,
and they provide as follows:
"Infringement
actionable as
breach of
statutory body118. An infringement of any of the rights conferred by this Part is
actionable by the person entitled to the right as a breach of
statutory duty.
Order for
delivery up of
illicit recordingin court
proceedings119. (1) Where a person has in his possession, custody or control
in the course of a business, an illicit recording of a performance,
a person having performer's rights or recording rights under thisPart in relation to the performance may apply to the Court for an
order that the recording be delivered up to him or to such other
person as the Court may direct.
(2) An application shall not be made after the end of the
period specified in section 136;  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 135.
(3) A person to whom a recording is delivered up in
pursuance of an order under this section shall, if an order under
section 135 is not made, retain it 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.IP/N/6/BLZ/1
Page 12
Rights to seize
illicit recordings120. (1) Subject to any decision of the Court under section 135
and to the conditions specified in subsections (2), (3) and (4), an
illicit recording of a performance which is found exposed or
otherwise immediately available for sale or hire, and in respect ofwhich a person would be entitled to apply for an order under
section 135 may be seized and detained by him or a person
authorized by him.
(2) Before anything is seized under this section notice of the
time and place of the proposed seizure must be given to a local
police station.
(3) At the time when anything is seized under this section
there shall be left at the place where it was seized a notice in the
prescribed form containing the prescribed particulars as to the
person by whom or on whose authority the seizure is made andthe grounds on which it is made.
(4) In this section "premises" includes land, buildings, fixed
or movable structures, vehicles, vessels, and aircraft."
Copyright Bill, 2000  -  Order for disposal of infringing copy or illicit recording
Clause 135 confers on the Supreme Court the pow er to make orders for the disposal of
infringing copies or illicit recordings.  This Clause provides as follows:
"135. (1) An application may be made to the Supreme Court for an
order that:
(a) an infringing copy or article delivered up in pursuance
of an order under section 37 or section 54 or seized and
detained in pursuance of the right conferred by section38 shall be:
(i) forfeited to the copyright owner;  or(ii) destroyed or otherwise dealt with as the Court
may direct;
(b) an illicit recording of a performance delivered up in
pursuance of an order under section 18 or section 121,
or seized and detained in pursuance of the rightconferred by section 120 shall be:
(i) forfeited to such person having performer's
rights or recording rights in relation to the
performance as the Court may direct;  or
(ii) destroyed or otherwise dealt with as the Court
thinks fit,
or for a decision that no such order should be made.IP/N/6/BLZ/1
Page 13
(2) In considering what order (if any) should be made, the
Court shall consider whether:
(a) where the infringement relates to copyright in a work,
whether other remedies available in an action forinfringement of copyright would be adequate to
compensate the copyright owner and to protect his
interests;
(b) where the infringement relates to rights conferred under
Part VIII, whether other remedies available in an action
for infringement of those rights would be adequate tocompensate the person or persons entitled to the rights
and to protect their interests.
(3) Provision shall be made by rules of court as to the service
of notice on persons having an interest in the copy or other articlesor the recording, as the case may be, and any such person is
entitled:
(a) to appear in proceedings for an order under this section,
(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 determination orabandonment of the proceedings on the appeal.
(4) Where there is more than one person interested in a copy
or other article, or as the case may be, a recording, the Court shall
make such order as it thinks just and may (in particular) direct thatsuch copy, article or recording be sold, or otherwise dealt with, and
the proceeds divided.
(5) If the Court decides that no order should be made under
this section, the person in whose possession, custody or control the
copy or article or, as the case may be, the recording was before
being delivered up or seized is entitled to its return.
(6) References in this section to a person having an interest in
a copy or other article or a recording include any person in whose
favour an order could be made in respect of the copy, article or, as
the case may be, recording under this section.IP/N/6/BLZ/1
Page 14
Industrial Designs Bill, 2000
The remedies that may be ordered by the Suprem e Court for infringements of industrial designs
are specified in Clause 24, which provides as follows:
"Proceedings for
infringement.24. (1) The registered owner of an industrial design shall, in
addition to any other rights, remedies or actions available to him,
have the right to institute court proceedings against any person
who infringes the industrial design by performing, without his
authorization, any of the acts refe rred to in section 10(2) or who
performs acts which make it likely that infringement will occur.
(2) In any proceedings under this section, the Court may grant
relief by way of:
(a) damages;
(b) injunction;
(c) delivery up or destruction of any infringing product,
article or product of which the infringing product forms
an inseparable part;  or
(d) an account of profits derived from the infringement or
otherwise as it may deem fit.
(3) The Court shall not, in awarding damages under this
section, also order, in respect of  the same infringement, that the
plaintiff be given an account of th e profits derived by him from the
infringement.
(4) In any proceedings under this section, the Court shall have
jurisdiction to order the invalidation of the registration of a design
on any of the grounds specified in section 14, and any suchgrounds may be relied upon by way of defence.
(5) Any person who intentionally performs an act which
constitutes an infringement as defined under subsection (1)
commits an offence and is liable to a fine of five thousand dollarsor to imprisonment for five years.
(6) A licensee who has requested the owner to institute court
proceedings for a specific relief and the owner has refused or failed
to do so, may also bring an action under this section, and the Courtshall grant him any relief specified in subsection (2) above."IP/N/6/BLZ/1
Page 15
Patents Bill, 2000
Clause 41(1) to (3) provides the judicial remedies available for an infringement of the rights in a
patent.  It provides as follows:
"41. (1) The owner of the patent shall, in addition to any other
right, remedy or action available to him, have the right, subject to
sections 33(4), 35, 38 and 42, to institute court proceedings against
any person who infringes the pate nt by performing, without his
authorization, any of the acts refe rred to in section 33(2) or who
performs acts which make it likely that infringement will occur.
(2) A plaintiff in proceedings  for infringement shall be
entitled to relief by way of:
(a) an injunction;
(b) the seizure, forfeiture or destruction of:
(i) any infringing product or article, or of any
product or article of which the infringing
product or article forms an inseparable part;and
(ii) any article, instrument or thing by means of
which any infringing product or article was
produced;
(c) damages;
(d) an account of the profits derived from the infringement;
or
(e) any other relief provided for in the general law.
(3) The Court shall not, in awarding damages under this
section, also order, in respect of  the same infringement, that the
plaintiff be given an account of the profits derived from the
infringement."
Additionally, the Court may, on the application of  any interested party, invalidate a patent on
any of the grounds specified in Clause 47(1).  In validation of a patent is therefore an additional
judicial remedy available to an interested party.
Protection of layout-Designs (Topographies) Bill, 2000
Clause 24 of the Bill specifies the judicial remedies obtainable from the Court for an
infringement of the rights in a layout-design.  It provides as follows:
"Infringement 24. (1) An infringement shall consist of the performance of any
act which is unlawful under section 6.IP/N/6/BLZ/1
Page 16
(2) On the application of the right holder or of a licensee if
he has requested the owner to institute court proceedings for a
specific relief and the right holder has refused or failed to do so,
the Court may as soon as possible:
(a) grant an injunction to prevent infringement or an
imminent infringement;
(b) award damages;
(c) order the seizure, forfeiture or destruction of:
(i) any infringing layout-design, integrated circuit
or any product or article or which the
infringing layout-design or integrated design
forms an integral part;  or
(ii) any article, instrument or thing by means of
which any such infringing layout-design,
integrated circuit or article was produced;  or
(d) grant any other remedy provided for in the general
law."
Protection of New Plant Varieties Bill, 2000
Infringements of the right of the holder of a breeder's right are actionable in the Supreme
Court at the suit of the holder of that right, and the Court may grant any of the following
remedies pursuant to section 44(2), namely:
(a) an injunction to prohibit the committing or continuation of committing an
infringement of the holder of the breeder's right set out in section 17;
(b) forfeiture, seizure or destruction of propagating material which has been produced in
contravention of a breeder's right;  and
(c) damages, taking into account the pecuniary and non-pecuniary loss suffered by the
holder of the breeder's right.
6. In what circumstances, if any, do judicial authorities have the au thority to order the
infringer to inform the righ t holder of the identity of third persons involved in the
production and distribution of the goods or services found to be infringing and of their
channels of distribution?
None.  This will have to be covered under Regulations made under each of the intellectual
property laws submitted under this notification.IP/N/6/BLZ/1
Page 17
7. Describe provisions relating to the indemnific ation of defendants wrongfully enjoined.   To
what extent are public authorities and/or officials liable in such a situation and what
"remedial measures" are applicable to them?
The effect of misjoinder of defendants in any proceedings before the Supreme Court is
provided for under Order XVII, Rule 12 of the Supreme Court Rules which provide as follows:
"Misjoinder and
non-joinder12. No cause or matter shall be defeated by reason of the misjoinder
or non-joinder of parties, and the Court may in every cause or matter deal
with the matter in controversy so far as regards the rights and interests of
the parties actually before it.  The Court may, at any stage of the
proceedings, either upon or without the application of either party, and onsuch terms as may appear to the Court to be just, order that the names of
any parties improperly joined, whether as plaintiffs or as defendants, be
struck out, and that the names of any parties, whether plaintiffs or
defendants, who ought to have been joined, or whose presence before the
Court may be necessary in order to enable the Court effectually andcompletely to adjudicate upon and settle all the questions involved in the
cause or matter, be added.  No person shall be added as plaintiff suing
without a next friend, or as the next friend of a plaintiff under any
disability, without his own consent in  writing thereto.  Every party whose
name is so added as defendant shall be served with a writ of summons ornotice in manner hereinafter mentioned, or in such manner as may be
prescribed by any special order, and the proceedings against such party
shall be deemed to have begun only on the service of such writ or
notice."
Although the awarding of costs in any cause or matter is generally a matter falling within the
discretionary powers of the Supreme Court, wh ere there is a misjoinder or a non-joinder of
defendants, the Court will strike out the action against the misjoined defendant and in that case, may
award costs against the plaintiff, which costs are said "to follow the event" (Order LXVI, Proviso to
Rule 1 and Rule 2 of the same Order), which means that the loser of the action must pay the winner's
costs.  This process applies equally for and agains t the Crown and public authorities, subject to the
provisions of the Crown Proceedings Act and the Public Authorities Protection Act, Chapter 24 of theLaws of Belize, Revised Edition 1980-90.
However, note must be taken of Clause 64 of the Patents Bill, which protects the Minister and
the Registrar from liability for any acts performed ex officio  pursuant to the Bill.  Clause 64 provides
as follows:
"Immunity
regarding
official acts.64. Neither the Minister nor any person employed by the State or the
Intellectual Property Office shall:
(a) be taken to warrant the validity of any patent granted under
this Act;  or
(b) incur any liability by reason of or in connection with any
examination or investigation required or authorised by this
Act or any report or other proceeding consequent upon anysuch examination or investigation."IP/N/6/BLZ/1
Page 18
Lastly, Clause 9 of the Trade Marks Bill protects the Staff of the Intellectual Property Office
from liability arising out of the performance of their official functions.  It provides as follows:
"Exclusion of
liability inrespect of
official acts9. (1) The Registrar shall not be taken to warrant the validity of
the registration of a trademark under this Act or under any treaty,convention, arrangement or engagement to which Belize is a party.
(2) The Registrar is not subject to any liability by reason of, or
in connection with, any examination required or authorized under
this Act, or any such treaty, convention, arrangement or engagement,
or any report or other proceedings consequent to such examination.
(3) No proceedings lie against any member of staff of the Office
of Intellectual Property in respect of any matter for which, by virtue
of this section, the Registrar is not liable."
8. Describe provisions governing the length and cost of proceedings.   Provide any available
data on the actual duration of proceedings and their cost.
There are no statutory provisions governing the length of civil proceedings in the Supreme
Court.  Further, until recently, there was a fairly high number of old cases which had created a
backlog of civil cases.  Recent initiatives taken to strengthen the Judiciary, however, have resulted insignificant improvement.  These initiatives include dedicated case management by Judges of the Civil
Division of the Supreme Court, increasing the overall number of Judges sitting on the Supreme Court
Bench, employing short-term Judges to clear backlog cases in civil cases, etc.  It must be noted that
this is the first time Belize is holistically enacting and implementing a gamut of intellectual propertylaws, and providing statistical data to quantify the length or costs of proceedings is impossible at thisstage.  It is equally impossible to statistically quantify the length of administrative proceedings, like
the time taken from filing an application to approval of the application by the Registrar, since these
procedures are still in the initial phases of implementation.
9. Reply to the above Questions in relation to any administrative procedures on the merits
and remedies that may result from these procedures.
Copyright Bill, 2000
- Clause 51 of the Bill provides an administrative procedure to be used by owners of
protected works to prevent the importation of infringing copies of their works.  It
provides as follows:
"Provision for
restricting
importation of
infringing copies51. (1) The owner of the copyright in any published
literary or musical work or in any film or published
sound recording may give notice in writing to the
Comptroller of Customs:
(a) that he is the owner of the copyright in the
work, film or sound recording, and
(b) that he requests the Comptroller, during a
period specified in the notice, to treat as
prohibited goods copies of the work, film or
sound recording to which this section applies,
but the period specified in a notice under thisIP/N/6/BLZ/1
Page 19
subsection shall not exceed five years and shall
not extend beyond the end of the period for
which the copyright may subsist.
(2) This section applies, in the case of a literary or
musical work, film or sound recording, to any copy made
outside Belize which is an infringing copy of the work,
film or sound recording.
(3) Where a notice has been given under this section
in respect of a literary or musical work, film or sound
recording, and has not been withdrawn, the importationinto Belize, at a time before the end of the period
specified in the notice, of any copy of the work, film or
sound recording to which this section applies shall,
subject to the following provisions of this section, be
prohibited;  but this subsection shall not apply to the
importation of any article by a person for his private anddomestic use.
(4) The owner of the copyright in a literary or
musical work, film or sound recording who gives noticeto the Comptroller under this section shall comply with
such conditions with respect to:
(i) the form of the notice;
(ii) the furnishing of evidence, whether on giving
notice, or on the importation of the goods, or
at both such times;
(iii) the payment of fees in respect of the notice;
(iv) the giving of security in respect of any
liability or expense which the Comptroller
may incur in consequence of the notice by
reason of the detention of any article or
anything done to an article detained;
(v) the indemnification of the Comptroller against
any liability or expenses, whether security has
been given or not;  and
(vi) any other incidental or supplementary matter,
as may be prescribed, and different provisions may be
prescribed for different classes of cases."IP/N/6/BLZ/1
Page 20
- Members of the Belize Police Department are also vested with certain administrative
powers to search and seize infringing articles pursuant to Clause 138(1) which
provides as follows:
"Powers of
police officers138. (1) Any police officer may:
(a) subject to section 138, enter and search any
premises or place;
(b) stop, board and search any vessel (other than a
ship of war) or any aircraft (other than a
military aircraft);  or
(c) stop and search any vehicle, in which he
reasonably suspects that there is an infringing
copy of a work or an illicit recording or any
article used or intended to be used for makinginfringing copies or illicit recordings;  and
(d) seize, remove or detain:
(i) any article which appears to him to be an
infringing copy or an illicit recording or
any article which appears to him to be
intended for use for making such copies
or recording;  and
(ii) anything which appears to him to be or to
contain, or to be likely to be or to
contain, evidence of an offence under
this Act.
(2) Any police officer may:
(a) break open any outer or inner door of any place
which he is empowered or authorized by this
Act to enter and search;
(b) forcibly board any vessel, aircraft or vehicle
which he is empowered by this Act to stop,
board and search;
(c) remove by force any person or thing
obstructing him in the exercise of any powerconferred on him by this Act.
(d) detain any person found in any place which he
is empowered or authorized by this Act to
search until such place has been searched;IP/N/6/BLZ/1
Page 21
(e) detain any vessel or aircraft which he is
empowered by this Act to stop, board and
search, and prevent any person from
approaching or boarding such vessel or aircraft
until it has been searched;
(f) detain any vehicle which he is empowered by
this Act to stop and search until it has been
searched."
- Loudly notable by its absence from the Bill is provision providing for the appointment
of a Registrar of Copyright.  This, to a large measure, was to give effect to theprovisions of the Berne Convention of 1886, as amended, which expressly provides
that copyright should not be subject to any formalities like registration and deposit.
Administrative procedures like opposition before the Registrar, etc., while present in
other intellectual property laws, are absent in this instance for the above-stated
reasons.
Industrial Designs Bill, 2000
None, to be provided in Regulations.
Patents Bill, 2000
Clause 69 gives the Registrar wide discretionary powers to issue directions.  It provides that:
"Administrative
instructions69. The Registrar may issue administrative instructions relating to
the procedures under this Act, the Regulations made thereunder, and any
other enactment relating to industrial property, as well as relating to the
general functions of the Intellectual Property Office."
Protection of Layout-Designs (Topographies) Bill, 2000
None, to be provided in Regulations.Protection of New Plant Varieties Bill, 2000
None, to be provided in Regulations.
Trade Marks Bill, 2000
- Clause 8:  empowers the Registrar, under Regulations made for that purpose by the
Minister, to award costs to any party in proc eedings before him, and to direct how and
by what party such costs are te be paid.  Clause 70:  gives any person aggrieved by the
decision of the Registrar the right to appeal against such decision to the Supreme
Court.
- Clause 16:  This Clause allows any person, within a time-period to be prescribed in
Regulations, to give to the Registrar notice of opposition to the registration of a
trademark, or to give written comments as to whether a trademark ought to be
registered.  As a result of such opposition or comments, the Registrar may refuse to
register the trademark, but his refusal is subject to appeal to the Supreme Court.IP/N/6/BLZ/1
Page 22
- Clause 79:  This Clause empowers police officers to seize articles infringing any
mark.  It provides as follows:
"Powers of
police officers79. (1) Any police officer may:
(a) subject to the provisions of the Act, enter and
search any premises or place, for goods which, or
the packaging of which, bears a sign identical to
or likely to be mistaken for a registered
trademark;  or for material bearing such a sign
and intended to be used for labelling or
packaging goods, as a business paper in relationto goods, or for advertising goods, or for articles
specifically designed or adapted for making
copies of such sign;
(b) stop, board and search any vessel (other than a
ship of war) or aircraft (other than a military
aircraft) for goods referred to in paragraph (a)
above;
(c) stop and search any vehicle, in which he
reasonably suspects that there are goods referred
to in paragraph (a) above;
(d) seize, remove or detain any goods referred to in
paragraph (a) above found by him pursuant tothis subsection.
(2) Any police officer may:
(a) break open any outer or inner door of any place
which he is empowered or authorized by this Act
to enter and search;
(b) forcibly board any vessel, aircraft or vehicle
which he is empowered by this Act to stop, board
and search;
(c) remove by force any person or thing obstructing
him in the exercise of any power conferred on
him by this Act;
(d) detain any person found in any place which he is
empowered or authorized by this Act to search
until such place has been searched;
(e) detain any vessel or aircraft which he is
empowered by this Act to stop, board and searchand prevent any person from approaching or
boarding such vessel or aircraft until it has been
searched;IP/N/6/BLZ/1
Page 23
(f) detain any vehicle which he is empowered by
this Act to stop and search until it has been
searched."
- Clause 74:  provides administrative procedures whereby the proprietor of a registered
trademark may request the Comptroller in writing to treat infringing articles as
prohibited goods for the purposes of importation.  It provides as follows:
"Provision
restricting
importation of
infringinggoods74. (1) The proprietor of a registered trademark, or a
licensee, may give notice in writing to the Comptroller of
Customs:
(a) that he is the proprietor or, as the case may be, a
licensee, of the registered trademark;
(b) that, at a time and place specified in the notice,
goods which are, in relation to that registered
trademark, infringing goods, material or articles
are expected to arrive in Belize;  and
(c) that he requests the Comptroller of Customs to
treat them as prohibited goods.
(2) When a notice is in force under this section the
importation of the goods to which the notice relates,
otherwise than by a person for his private and domestic use,is prohibited;  but a person is not by reason of the
prohibition liable to any penalty other than forfeiture of the
goods.
(3) The proprietor of a registered trademark, or a
licensee who gives notice to the Comptroller of Customs
pursuant to subsection (1) above shall comply with suchconditions with respect to:
(a) the form of the notice;
(b) the furnishing of evidence;
(c) the payment of fees in respect of the notice;
(d) the giving of security in respect of any liability or
expense which the Comptroller may incur inconsequence of the notice by reason of the
detention of any article or anything done to a
detained article;
(e) the indemnification of the Comptroller against
any liability or expenses, whether security has
been given or not;  andIP/N/6/BLZ/1
Page 24
(f) any other incidental or supplementary matters,
as may be prescribed, and different provisions may be
prescribed for different classes or cases.
(4) Notwithstanding anything in the Customs
Regulations Act, a person shall not be liable to any penalty
under that Act (other than the forfeiture of the goods) by
reason only that any goods are treated as prohibited goods
by virtue of this section."
Provisional Measures
(a) Judicial measures
10. Describe the types of provisional measures that judicial authorities may order, and the
legal basis for such authority.
Copyright Bill, 2000
The provisional measures which may be made under this Bill are provisional orders for the
delivery up of infringing articles.  The rationale  for this is to make sure that the infringing
articles are in safe custody pending the final disposition of the matter (Clauses 37, 54 and
119).
Industrial Designs Bill, 2000
Like in the Copyright Bill, the Court is empowered to order delivery up of the infringing
articles.  The rationale is the same.
Patents Bill, 2000
None.
Protection of Layout-Designs (Topographies) Bill, 2000
Pursuant to Clause 24(2), an applicant may obtain interlocutory injunctions from the Court
pending the final disposal of the case.
Protection of New Plant Varieties Bill, 2000
Pursuant to Clause 44(2)(a), an applicant may be granted an interlocutory injunction by the
Court forbidding the continued commission of an infringement of the holder of the breeder's
right until the final determination of the matter.
Trade Marks Bill, 2000
The Court may make a provisional order under Clause 51 ordering the delivery-up of the
infringing goods, material or articles pending the final disposition of the matter.IP/N/6/BLZ/1
Page 25
11. In what circumstances may such measures be ordered inaudita altera  parte ?
Such measures may be ordered ex parte  where there is real apprehension that if notice of the
proceedings is given to the defendant, he may obstruct the course of justice by hiding or destroying
the infringing articles, which, it must be remembered, will be crucial evidence in disposing of the finalmatter after the interlocutory stage, or where ther e is extreme urgency necessitating the court to act
forthwith, like the removal of the infringing articles from the jurisdiction.
12. Describe the main procedures for the init iation, ordering and maintenance in force of
provisional measures, in particular relevant time-limits and safeguards to protect the
legitimate interests of the defendant.
Applications under the Copyright Bill may not be made after the end of the period of six years
from the date on which the infringing copy or article or illicit recording in question was made, and an
order shall not be made by the Court after the end of the period of six years from the date on which
the infringing copy or article or illicit recording in question was made (Clause 136).
Matters of procedure generally will be covered in Regulations, which are yet to be developed.
13. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
The implementation of intellectual property laws is a new feature in the Belize legal system.
As such, there is no statistical data available to answer this question.
14. Reply to the above questions in relation to any administrative provisional measures.
The implementation of intellectual property laws is a new feature in the legal system.  As
such, there is no statistical data available to answer this question.
Special Requirements Related to Border Measures
15. Indicate for which goods it is possible to apply for the suspension by the customs
authorities of the release into free circulat ion, in particular whether these procedures
are available also in respect of goods which involve infringements of intellectual
property rights other than counterfeit trademark or pirated copyright goods as defined
in the TRIPS Agreement (footnote to Article 51).  Specify, together with relevant
criteria, any imports excluded from the application of such procedures (such as goods
from another member of a customs union, goods in transit or de minimis imports ).  Do
the procedures apply to imports of goods put on the market in another country by or
with the consent of the right holder a nd to goods destined for exportation?
Copyright Bill, 2000
Clause 51 of the Copyright Bill provides as follows:
"Provision for
restricting
importation ofinfringing copies51. (1) The owner of the copyright in any published literary or
musical work or in any film or published sound recording may
give notice in writing to the Comptroller of Customs:
(a) that he is the owner of the copyright in the work, film
or sound recording, andIP/N/6/BLZ/1
Page 26
(b) that he requests the Comptroller, during a period
specified in the notice, to treat as prohibited goods
copies of the work, film or sound recording to which
this section applies, but the period specified in a
notice under this subsection shall not exceed fiveyears and shall not extend beyond the end of the
period for which the copyright may subsist.
(2) This section applies, in the case of a literary or musical
work, film or sound recording, to any copy made outside Belize
which is an infringing copy of the work, film or sound recording.
(3) Where a notice has been given under this section in
respect of a literary or musical work, film or sound recording,
and has not been withdrawn, the importation into Belize, at a
time before the end of the period specified in the notice, of any
copy of the work, film or sound recording to which this sectionapplies shall, subject to the following provisions of this section,
be prohibited;  but this subsection shall not apply to the
importation of any article by a person for his private and
domestic use.
(4) The owner of the copyright in a literary or musical work,
film or sound recording who gives notice to the Comptroller
under this section shall comply with such conditions with respect
to:
(i) the form of the notice;
(ii) the furnishing of evidence, whether on giving notice,
or on the importation of the goods, or at both such
times;
(iii) the payment of fees in respect of the notice;
(iv) the giving of security in respect of any liability or
expense which the Comptroller may incur in
consequence of the notice by reason of the detention
of any article or anything done to an article detained;
(v) the indemnification of the Comptroller against any
liability or expenses, whether security has been given
or not;  and
(vi) any other incidental or supplementary matters, as may
be prescribed, and different provisions may be
prescribed for different classes of cases.
CAP.39. (5) Notwithstanding anything in the Customs Regulation
Act, a person shall not be liable to any penalty under that Act
(other than forfeiture of the goods) by reason that any goods are
treated as prohibited goods by virtue of this section."IP/N/6/BLZ/1
Page 27
Trade Marks Bill, 2000
Clause 74 provides as follows:
"Provision
restricting
importation of
infringing goods74. (1) The proprietor of a registered trademark, or a licensee,
may give notice in writing to the Comptroller of Customs:
(a) that he is the proprietor or, as the case may be, a
licensee, of the registered trademark;
(b) that, at a time and place specified in the notice, goods
which are, in relation to that registered trademark,
infringing goods, material or articles are expected to
arrive in Belize;  and
(c) that he requests the Comptroller of Customs to treat
them as prohibited goods.
(2) When a notice is in force under this section the
importation of the goods to which the notice relates, otherwise
than by a person for his private and domestic use, is prohibited;but a person is not by reason of the prohibition entitled to any
penalty other than forfeiture of the goods.
(3) The proprietor of a registered trademark, or a licensee
who gives notice to the Comptroller of Customs pursuant tosubsection (1) above shall comply with such conditions with
respect to:
(a) the form of the notice;
(b) the furnishing of evidence;
(c) the payment of fees in respect of the notice;
(d) the giving of security in respect of any liability or
expense which the Comptroller may incur in
consequence of the notice by reason of the detentionof any article or anything done to a detained article;
(e) the indemnification of the Comptroller against any
liability or expense, whether security has been given
or not;  and
(f) any other incidental or supplementary matters, as may
be prescribed, and different provisions may be
prescribed for different classes or cases.IP/N/6/BLZ/1
Page 28
CAP.39. (4) Notwithstanding anything in the Customs Regulation
Act, a person shall not be liable to any penalty under that Act
(other than the forfeiture of the goods) by reason only that any
goods are treated as prohibited goods by virtue of this section."
16. Provide a description of the main elements of the procedures relating to the suspension
of the release of goods by customs authoritie s, in particular the competent authorities
(Article 51), the requirements for an application (Article 52) and various requirements
related to the duration of suspension (Artic le 55).  How have Articles 53 (security or
equivalent assurance), 56 (indemnification of the importer and of the owner of the
goods) and 57 (right of inspection and information) been implemented?
This portion will be regulated by Regulations to be made under the Copyright Act and Trade
Marks Act.  See the relevant sections in the answer to Question 15 above.  The competent authority is
the Comptroller of Customs.
17. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.  How long is the validity of
decisions by the competent authorities for the suspension of the release of goods into free
circulation?
The statistical data is not yet available because litigation related to intellectual property rights
is a new experience in the Belize legal system.
18. Are competent authorities required to act upon  their own initiative and, if so, in what
circumstances?  Are there any special provisions applicable to ex officio  action?
No.  See the answer to Question 15 above.
19. Describe the remedies that the competent authorities have the authority to order and
any criteria regulating their use.
This will be governed by Regulations.  See the answer to Question 15 above.
Criminal Procedures
20. Specify the courts which have jurisdiction over criminal acts of infringement of IPRs.
The courts with criminal jurisdiction over intellectual property right infringements are the
summary jurisdiction courts (magistrate court) and the Supreme Court.
21. In respect of which infringements of which intellectual property rights are criminal
procedures and penalties available?
Copyright Bill, 2000
The following Clauses specify the offences and penalties of infringement of copyright:IP/N/6/BLZ/1
Page 29
- Clause 52, which provides as follows:
"Penalties in
respect of
dealings whichinfringe
copyright52. (1) Any person who, without the licence of the
copyright owner, at a time when copyright in a work subsists
by virtue of this Act:
(a) makes for sale or hire;  or
(b) in the course of a business sells or lets for hire, or
offers or exposes for sale or hire, exhibits in
public or distributes;  or
(c) imports into Belize for purposes other than his
private and domestic use;  or
(d) distributes otherwise than in the course of a
business to such an extent as to affect
prejudicially the owner of the copyright;  or
(e) possesses in the course of business with a view to
committing any act infringing the copyright,
any article which he knows or has reason to believe is an
infringing copy of that work, commits an offence.
(2) Any person who, at the time when copyright
subsists in a work by virtue of this Act makes or has in his
possession an article specifically designed or adapted for
making copies of a particular protected work, knowing that
it is to be used for making infringing copies for sale or hire
or for use in the course of business, commits an offence.
(3) Any person who causes:
(a) a literary, dramatic or mjsical work to be
performed in public;  or
(b) a sound recording or film to be played, or as the
case may be, shown in public;
(otherwise than by reception of a broadcast or cable
programme) knowing or having reason to believe that
copyright subsists in the work or that the performanceconstitutes an infringement of the copyright, commits an
offence.IP/N/6/BLZ/1
Page 30
(4) any person who is guilty of an offence under sub-
section (1) shall be liable on summary conviction in the case
of a first conviction, to a fine not exceeding one thousand
dollars for each article to which the offence related, and in
the case of any subsequent conviction, to a fine notexceeding one thousand five hundred dollars for such article,
or to imprisonment for a term not exceeding twelve months.
(5) Any person who is guilty of an offence under
subsection (2) or subsection (3) shall be liable on summary
conviction in the case of a first conviction, to a fine not
exceeding five thousand dollars or to imprisonment for aterm not exceeding two years."
- Clause 121, which provides as follows:
(1) A person commits an offence who without
sufficient consent:"Criminal
liability for
making, etc.,
illicit
recordings121.
(a) makes for sale or hire;  or
(b) imports into Belize otherwise than for his private
or domestic use;  or
(c) possesses in the course of a business with a view
to committing any act infringing the rights
conferred by this Part;  or
(d) in the course of a business:
(i) sells or lets for hire;  or
(ii) offers or exposes for sale or hire;  or
(iii) distributes,
a recording which is, and which he knows or has
reason to believe is, an illicit recording.
(2) A person commits an offence who causes a
recording of a performance made without sufficient
consent to be:
(a) shown or played in public;  or
(b) broadcast or included in a cable programme
service,
thereby infringing any of the rights conferred by this Part,
if he knows or has reason to believe that those rights are
thereby infringed.IP/N/6/BLZ/1
Page 31
(3) In subsections (1) and (2) "sufficient consent"
means:
(a) in the case of a qualifying performance, the
consent of the performer;  and
(b) in the case of a non-qualifying performance
subject to an exclusive recording contract:
(i) for the purpose of paragraph (a) of
subsection (1), the consent of the
performer or the person having recordingrights;  and
(ii) for the purposes of paragraphs (b), (c), and
(d) of subsection (1) and subsection (2),
the consent of the person having recordingrights;
(c) whether a work was published or otherwise dealt
with in the lifetime of a person,
any unauthorised publication or the doing of any other
unauthorised act shall be disregarded.
(7) A publication or other act shall for the purposes of
subsection (6), be taken to have been unauthorised if, butonly if:
(a) copyright subsisted in the work and the act
concerned was done otherwise than by, or with
the licence of, the owner of the copyright;  or
(b) copyright did not subsist in the work and the act
concerned was done otherwise than by, or with
the licence of:
(i) the author;  or
(ii) persons lawfully claiming under the
author.
(8) Nothing in either subsection (6) or subsection (7)
affects any provisions of this Act relating to the actscomprised in copyright or to acts constituting
infringements of copyright or offences under this Act."IP/N/6/BLZ/1
Page 32
Industrial Designs Bill, 2000
Clause 24(5) provides that any person who intentionally performs an act which constitutes an
infringement of an industrial design commits an offence and is liable to a fine of five
thousand dollars or to imprisonment for five years.
Patents Bill, 2000
Clause 64 provides as follows:
""Offences 64. (1) Any person who intentionally or wilfully performs any
act which constitutes an infringement as defined under section 40commits an offence and is liable to a fine of not less than fifteen
thousand dollars but not more than forty thousand dollars, or to
imprisonment for a term of not less than five years but not more
than twelve years, or to both such fine and such imprisonment.
(2) Any person who, knowing the same to be false:
(a) makes or causes to be made a false entry in the
Register;
(b) makes or causes to be made any document falsely
purporting to be a copy of an entry in the Register;  or
(c) produces, tenders or causes to be produced or
tendered as evidence any such entry or copy thereof,
commits an offence and is liable to a fine of not less than ten
thousand dollars, but not more than thirty thousand dollars, or to
imprisonment for not less than three years, but not more than ten
years, or to both such fine and such imprisonment.
(3) Any person who, knowing the same to be false, makes a
false statement or representation that:
(a) a patent or utility model certificate has been granted to
him or to any other person in respect of any invention;
or
(b) he has been granted an exclusive or non-voluntary
licence to use any patent or utility model certificate,
which statement or representation induces another person to act
thereon, commits an offence and is liable to a fine of not less than
five thousand dollars, but not more than twenty thousand dollars,
or to imprisonment for a term of not less than two years, but not
more than five years, or to both such fine and imprisonment.IP/N/6/BLZ/1
Page 33
(4) any person who falsely represents that anything disposed
of him for value is a patented product or process shall, subject to
subsections (5) to (7), commit an offence and be liable to a fine
of not less than four thousand dollars, but not more than ten
thousand dollars.
(5) For the purposes of subsection (4), a person who for
value disposes of an article having stamped, engraved or
impressed on it or otherwise applied to it the word "patent" or
"patented" or anything expressing or implying that the article is a
patented product, shall be taken to represent that the article is a
patented product.
(6) Subsection (4) shall not apply where the representation is
made in respect of a product after the patent for that product or,
as the case may be, the process in question has expired or been
invalidated and before the end of a period which is reasonablysufficient to enable the accused to  take steps to ensure that the
representation is not made (or does not continue to be made).
(7) In proceedings for an offence under this section it shall
be a defence for the accused to pr ove that he used  due dilligence
to prevent the commission of the offence.
(8) Any person who represents that a patent has been applied
for in respect of any article disposed of for value by him, and:
(a) no such application has been made;  or
(b) any such application has been refused or withdrawn,
commits an offence and is liable to a fine of not less than four
thousand dollars, but not more than ten thousand dollars."
Protection of Layout-Designs (Topographies) Bill, 2000
Clause 25 provides as follows:
"Offences 25. (1) Any person who performs an act which is unlawful under
section 6 commits an offence and is liable to a fine of not less
than fifteen thousand dollars, but not more than forty thousand
dollars, or to imprisonment for a term of not less than five years,
but not more than ten years, or to both such fine and
imprisonment.
(2) Any person who, knowing the same to be false:
(a) makes or causes to be made a false entry in the
Register;
(b) makes or causes to be made any document falsely
purporting to be a copy of an entry in the Register;  orIP/N/6/BLZ/1
Page 34
(c) produces, tenders or causes to be produced in
evidence any such entry or copy thereof,
commits an offence and is liable to a fine of not less than ten
thousand dollars, but not more than thirty thousand dollars, or toimprisonment for a term of not less than three years, but not more
than ten years, or to both such fine and such imprisonment."
Protection of New Plant Varieties Bill, 2000
Clause 45 provides as follows:
"Criminal liability
for non-compliance
or misuse of variety
denomination45. (1) Any person who wilfully offers for sale or markets
propagating material of a variety protected in Belize or a
denomination likely to cause confusion therewith, or another
variety of the same botanical or a related species commits an
offence and is liable to a fine of not less than five thousanddollars but not more than fifteen thousand dollars.
(2) Any person who wilfully makes use of the registered
variety denomination of a variety protected in Belize or a
denomination likely to cause confusion therewith, or anothervariety of the same botanical or a related species commits an
offence and is liable to a fine of not less than five thousand
dollars but not more than fifteen thousand dollars."
Trade Marks Bill, 2000
Clauses 75, 76 and 77 provide as follows:
"Unauthorised use
of trademark, etc.in relation to goods75. (1) A person commits an offence who with a view to gain
for himself or another, or with intent to cause a loss to another,and without the consent of the proprietor:
(a) applies to goods or their packaging a sign identical
to, or likely to be mistaken for, a registered
trademark;  or
(b) sells or lets for hire, offers or exposes for sale or hire
or distribute goods which bear, or the packaging of
which bears, such a sign;  or
(c) has in his possession, custody or control in the
course of a business any such goods with a view tothe doing of anything, by himself or another, which
would be an offence under paragraph (b) above.IP/N/6/BLZ/1
Page 35
(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 of the proprietor:
(a) applies a sign identical to, or likely to be mistaken
for, a registered trademark;  to material intended to
be used:
(i) for labeling or packaging goods;
(ii) as a business paper in relation to goods;
(iii) for advertising goods;  or
(b) uses in the course of a business material bearing
such a sign for labeling or packaging goods, as abusiness paper in relation to goods, or for
advertising goods;  or
(c) has in his possession, custody or control in the
course of a business any such material with a viewto the doing of anything by himself or another,
which would be an offence under paragraph (b).
(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 of the proprietor:
(a) 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
(b) has such an article 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, material for labeling or packaging
goods, as a business paper in relation to goods, or foradvertising goods.
(4) A person does not commit an offence under this section
unless:
(a) the goods in respect of which the trademark is
registered;  or
(b) the trademark has a reputation in Belize 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 of the trademark.IP/N/6/BLZ/1
Page 36
(5) It is 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 trademark.
(6) A person guilty of an office under this section is liable
on summary conviction to a fine not exceeding fifteen thousand
dollars or to imprisonment for a period not exceeding ten years;
and where the offence continues after the first conviction, to a
further fine of one hundred dollars for every day such offence
continues, or in default of payment of the fine to imprisonment
for a period of ten days for every day such offence continues.
Falsification of
register, etc.76. (1) It is an offence for a person to make, or cause to be
made, a false entry in the register of trademarks, 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 or an extract of an entry in
the register, or
(b) to produce or tender or cause to be produced or
tendered in evidence any such thing,
knowing or having reason to believe that it is false.(3) A person guilty of an offence under this section shall be
liable on summary conviction to a fine not exceeding ten
thousand dollars or to imprisonment for a period not exceeding
five years, or to both such fine and period of imprisonment.
Falsely
representing trade
mark as registered77. (1) It is an offence for a person:
(a) falsely to represent that a mark is a registered
trademark;  or
(b) to make a false representation as to the goods or
services for which a trademark is registered.
(2) For the purpose of this section, the use in Belize in
relation to a trademark:
(a) of the word "registered", or
(b) of any other word or symbol importing a reference
(express of implied) to registration,IP/N/6/BLZ/1
Page 37
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 Belize and that the trademark is in fact so
registered for the goods or services in question.
(3) A person guilty of an offence under this section shall be
liable on summary conviction to a fine not exceeding eight
thousand dollars or to imprisonment for a period not exceeding
four years, or to both such fine and period of imprisonment.
Offences by body
corporate orpartnership78. (1) Where an offence is committed under this Act by a
body corporate, every person who at the material time was aDirector, Manager, Secretary or other similar officer of the
body corporate, or any person purporting to an act in such
capacity shall be liable to be proceeded against and punished
accordingly unless he proves that the offence was committed
without his knowledge or connivance,  or that he tried to prevent
the commission of the offence.
(2) Sub-section (1) shall mutatis mutandis , apply in respect
of partners in a partnership for offences committed by a
partnership under this Act.
(3) A fine imposed on a partnership on its conviction under
this Act shall be paid out of the partnership assets."
22. Which public authorities are responsible fo r initiating criminal proceedings? Are they
required to do this on their own initiative and/or in response to complaints?
The Office of the Director of Public Prosecutions, which is an office established under the
Belize Constitution, Chapter 4, is the authority constitutionally charged with responsibility for
initiating criminal proceedings.  This Office can initiate proceedings on its own motion or upon the
filing of a complaint.
Section 50 of the Belize Constitution provides as follows:
"Control of public
prosecutions50. (1) There shall be a Director of Public Prosecutions whose
office shall be a public office.
(2) The Director of Public Prosecutions shall have powers
in any case in which he considers it desirable so to do:
(a) to institute and undertake criminal proceedings
against any person before any court of law (otherthan a court-martial) in respect of any offence
alleged to have been committed by that person;
(b) to take over and continue any such criminal
proceedings that have been instituted or undertakenby any other person or authority;  and
(c) to discontinue at any stage before judgement is
delivered any such criminal proceedings institutedIP/N/6/BLZ/1
Page 38
or undertaken by himself or any other person or
authority.
(3) The powers of the Director of Public Prosecutions
under sub-section (2) of this section may be exercised by him inperson or through other persons acting under and in accordance
with his general or special instructions.
(4) The powers conferred on the Director of Public
Prosecutions by paragraphs (b) and (c) of subsection (2) of this
section shall be vested in him to the exclusion of any other
person or authority.
(5) For the purposes of this section, any appeal from a
judgement in criminal proceedings before any court, or any case
stated or question of law reserved for the purpose of any such
proceedings, to any other court (including Her Majesty inCouncil) shall be deemed to be part of those proceedings:
Provided that the power conferred on the Director of
Public Prosecutions by subsection (2)(c) of this section shall not
be exercised in relation to any appeal by a person convicted inany criminal proceedings or to any case staged or question of
law reserved at the instance of such a person.
(6) Subject to the powers of the Attorney-General under
section 42(2) of this Constitution, in the exercise of the powersvested in him by subsection (2) of this section the Director of
Public Prosecutions shall not be subject to the direction or
control of any other person or authority."
23. Do private persons have standing to initiate criminal proceedings and, if so, who?
Yes, a person may institute private prosecutions under Belize law.  To do so, the Director of
Public Prosecutions must have declined to pros ecute in the public interest.  Any person who is
interested in the matter may then institute private prosecution.
24. Specify, by category of IPR and type of infringement where necessary, the penalties and
other remedies that may be imposed:- imprisonment;
- monetary fines;
- seizure, forfeiture and destruction of infringing goods and materials and
implements for their production;
- other.
See the answer to Question 21 above.
25. Describe provisions governing the length and any cost of proceedings.  Provide any
available data on the actual duration of proceedings and their cost, if any.
These provisions will be enacted later under Regulations.  The statistical data relating to costs
are not yet available because this area is new.
__________