RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/325
21 November 2001
(01-5919)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Responses from Barbados to questions posed by Canada
By means of a communication from the Permanent Mission of Barbados dated
19 November 2001, the Secretariat has received the following responses to questions posed by
Canada, as circulated in document IP/C/W/314.
_______________
1. What recourse do right holders have in respect of wilful trademark counterfeiting or
copyright piracy on a commercial scale, as required by Article 61?
All rights holders may seek redress for any infringement of their legal rights through civil
proceedings in the Supreme Court as outlined in Barbardos' response to question 1 of the Checklist of
Issues on Enforcement.1
Further, please refer to our response to question 24 of the Checklist of Issues on
Enforcement.1  This response reads as follows:
It is an offence under section 48 of the Trade Marks Act, for a person to apply to goods or
their packaging a trademark identical to or capable of  being confused with a registered trademark.  It
is also an offence to sell or let for hire, offer or expose of sale or hire, or to distribute, goods that bear
such an infringing trademark.  Possession of such goods with the intent to do any of the acts
mentioned above will also constitute an offence.
It is an offence for a person to apply an infringing mark to goods without consent of the
registered owner of the mark, with a view to enriching himself or causing loss to another.  This
applies to use of any item used in the reproduction of that infringing mark.
It is also an offence to make an item that wi ll enable a person to make copies of an infringing
mark.
Under section 49(1) of the Trade Marks Act it is an offence for a person to knowingly
infringe any rights in a registered trademark vested in a person under the Act.  The penalty for
infringement under section 50 of the Act before a Court of summary jurisdiction is a fine ofBD$10,000.00 or a term of imprisonment of two years, or both;  in the case of a continuing offence, a
further fine of BD$1,000.00 for each day the offence continues may be imposed.
Under section 46 of the Copyright Act, the penalty for infringement for profit-making
purposes by a person knowing or having reason to believe that he is committing an infringement, in
                                                     
1 Document IP/N/6/BRB/1.IP/C/W/325
Page 2
summary conviction is a fine of BD$25,000.00 and/or to one year's imprisonment.  The defendant
convicted on indictment may receive a fine  of BD$100,000 and/or three years imprisonment.
Where there has been no decision on such remedies in civil proceedings, the Magistrate or
Judge has the inherent jurisdiction to order the impounding of suspected copies of works on soundrecordings, as well as the implements that could be used for the making of such copies;  to order the
forfeiture and seizure of all copies of works or sound recordings manufactured, reproduced,
distributed, sold or otherwise use, intended for use or possessed with intent to use in contravention of
the rights of the owner and all plates, moulds, masters, tapes, film negatives or other articles by means
of which such copies of works or sound recordings may be reproduced and all electronic mechanical
or other devices for manufacturing, reproducing or assembling such copies of works or sound
recordings;  to order the destruction or other reasonable disposition of infringing copies.
Where an offence under section 46 committed by a body corporate is proved to have been
committed with the consent or connivance or attributable to neglect on the part of any director,
manager, secretary or person purporting to act in any capacity, he as well as the body corporate is
guilty and liable to the above penalties.
The court retains inherent jurisdiction to forfeit counterfeit goods on the application of a
person under the section.  On such forfeiture, the court can order the destruction of any such goods;
or cause the offending sign to be erased or obliterated and make an order for costs.
2. What protection does your copyright legislation afford to "foreign works".
Section 142 of the Barbados Copyright Act provides that:"(1) Subject to this section, the Minister may, by order, provide for reciprocal treatment to
be given to any country that provides protection in respect of Barbados:
(a) in relation to persons who are citizens or permanent residents of that country
as they apply to persons who are citizens or permanent residents of Barbados;
(b) in relation to bodies incorporated or established under the laws of that
country as they apply in relation to bodies incorporated or established underthe laws of Barbados;
(c) in relation to litera ry, dramatic, musical or artistic works, sound recordings,
films and editions first published in that country as they apply in relation to
such work, sound recordings, films and editions first published in Barbados;
(d) in relation to broadcasts made from or cable programmes sent from that
country as they apply in relation to broadcasts made from or cable
programmes sent from Barbados;
(e) in relation :
(i) to performances taking place in that country or given by an
individual who is a citizen or habitual resident of that country;
(ii) to performances incorporated in a phonogram which is protected by
Article 5 of the Rome Convention; orIP/C/W/325
Page 3
(iii) to performances;  not being fixed on a phonogram that are carried by
a broadcast which is protected by Article 6 of the Rome Convention,
as they apply in relation to performances taking place in Barbados or
given by an individual who is a citizen or habitual resident of
Barbados.
(2) An order made under subsection (1) may apply any provision of this Act in relation to
any country:
(a) without exception or modification or subject to such exceptions and
modifications as may be specified in the order;
(b) generally or in relation to such classes of works or other classes of case as
may be so specified.
(3) An order shall not be made under subsection (1) in relation to any country unless:
(a) the Country is a Convention country; or
(b) a country as to which the Minister is satisfied that provision has been made or
will be made under the law in respect of the class of works or, as the case
may be, the performances, to which the order relates, giving adequate
protection to the owner of copyright under this Act or, as the case may be, to
Barbadian performances as defined in section 143(4).
(4) In this section 'Convention country' means a country that is party to a Convention
relating to copyright or performers rights, as the case may be, to which Barbados is
also a party."
In light of this section, the relevant Minister may enter into reciprocal agreements with other
countries in order to make protective arrangements for copyrighted works created by non-Barbadians.
At common law, Barbados treats all copyrighted work, whether indigenous or imported, as protected.
__________