RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/193
18 July 2000
(00-2954)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Responses from Belize to questions posed by Canada,
the European Communities and their member States, Japan and the United States
By means of communications from the Permanent Mission of Belize, dated 21 and 23 June
2000, the Secretariat received the following responses to the questions posed by Canada;  the
European Communities and their member States;  Japan;  and the United States, as distributed in
documents IP/C/W/184, IP/C/W/172, IP/C/W /173 and IP/C/W/174, respectively.
_______________
CANADA
1. Please describe the way that the enforcement of intellectual property rights has been
implemented (Articles 41-61).
See Belize's responses to the Checklist of Issues on Enforcement (d ocument IP/N/6/BLZ/1).
2. What protection does your copyright legislation afford to foreign works?
Section 143 provides as follows:-
"143. (1) Subject to the provisions of sub-section (3), the Minister may by Order published in
the Gazette provide that, in relation to any provisions specified in the Order, any of the
provisions of this Act so specified shall apply:
(a) in relation to persons who, at a material time, are citizens of Belize;(b) in relation to persons who, at a material time, are domiciled or resident in that
country, as they apply in relation to persons who, at such a time, are domiciled orresident in Belize;
(c) in relation to literary, dramatic, musical or artistic works, sound recordings, films or
editions first published in that country, as they apply in relation to literary, dramatic,
musical or artistic works, sound recordings, films or editions first published in Belize;
(d) in relation to broadcasts made or cable programmes sent from places in that country
by persons permitted or authorized by or under the laws of that country to make those
broadcasts or send those cable programmes, as they apply in relation to broadcasts
made or cable programmes sent from places in Belize by persons permitted or
authorized by or under the laws of Belize to make those broadcasts or send those
cable programmes.IP/C/W/193
Page 2
(2) An Order made under this section applying any provisions of this Act in relation to
any country other than Belize may apply those provisions:-
(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 specified.(3) An Order shall not be made under this section applying any provisions of this Act in
relation to any country which is not a party to a Convention relating to copyright or to the
rights of performers or of the producers of phonograms to which Belize is also a party, unlessthe Minister is satisfied that in respect of the class of works which those provisions relate,
provision has been or will be made under the laws of that country whereby adequate
protection will be given to owners of copyright or rights in performances conferred by this
Act."
EUROPEAN COMMUNITIES AND THEIR MEMBER STATES
A. G
ENERAL PROVISIONS .
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in se ctors of vital importance to your socio-economic and
technological development as mentioned under Arti cle 8 of the TRIPS Agreement.  If yes, please
explain how such measures are consistent with the provisions of the TRIPS Agreement.
(i) See section 35 of the Patents Act, section 12 of the Patents Act.  For compliance with
provisions of the TRIPS Agreement, compare the provisions of section 35 of the
Patents Act with the provisions of Article 31 of the TRIPS Agreement, and section 12
of the Patents Act with Article 27.3 of the TRIPS Agreement.
(ii) See section 17 of the Protection of Layout Designs (Topographies) Act.(iii) See section 35(4), 35(3)(a) of the Trade Marks Act.(iv) See sections 56-85, 124 – 134 of the Copyright Act.
B. C
OPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of authors
in relation to their literary and artistic works as specified in Article 9 of the TRIPS Agreement which
requires Members to comply with Articles 1-21 of the Berne Convention and the Appendix to the
Berne Convention (1971).
See the definition of the expression "author", "artistic work", "literary work" in section 3(1) of
the Copyright Act.  Protection is given under section 7(1) of the Copyright Act.
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.IP/C/W/193
Page 3
See the definitions of the expressions "comput er programs", "computer-generated work" and
"literary work" in section 3(1) of the Copyright Act.  Protection is given under section 7(1)(a) of the
Copyright Act.
4. Please state whether your legislation provides fo r a rental right and if so, the works to which
it applies.
Please see the definition of the word "rental" in the section 3(1) of the Copyright Act.  The
exclusive rights flowing to the author is provided in section 9(1)(b) as read with 9(2)(b) of the
Copyright Act.
5. Please describe the rights granted to performers, producers of phonograms (sound
recordings) and broadcasting organisations under your legislation,
See the definitions of "performer", "a broadcast" and "to broadcast" in section 3(1) of the
Copyright Act.  See also paragraph (g) of the defini tion of "author" in section 3(1) of the Copyright
Act.  See further sections 7(1)(b), 8(5), 12, 108, 109, 110, 111, (performers' rights), 112, 113, and 114(producers' rights).
6. Please state whether your legislation provides for any limitation or exception in relation to
each of the rights described above in accordance with the relevant provisions of the Berne and Rome
Conventions and in the light of Articl e 13 and 14(6) of the TRIPS Agreement.
See Part VI (Exceptions to infringement of copyright), sections 55-85.  See further Part VIII
(Exceptions to infringement of Rights in Performances), sections 124-134.
7. Please state the term of protection of each right described above and the work or subject-
matter, to which it applies.
See sections 10, 11, 12, 13 and 115.
8. Please State how your legislation grants the retroactive protection provided pursuant to
Article 18 of the Berne Convention (which obligati on derives from Article 9 of the TRIPS Agreement)
and Article 14.6 of the TRIPS Agreement.
None.
C. T
RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under which
conditions it is protectable.
See the definitions of "trademark", "certification mark", and "collective mark" under
section 2(1) of the Trade Marks Act.  See also secti on 2(2) of the Trade Marks Act.  To be registered a
trademark must be distinctive and non-deceptive, among other things (see sections 35, 36 and 37).
10. Please confirm whether or not services are a protectable subject matter in your trademark
law.  Please, confirm if signs such as trade names are protectable.  Please, describe if elements such
as sound, perfumes and container are protectable.
Yes, services are protectable.  See the definitions of "trademark", "certification mark" and
"collective mark" in section 2(1) of the Trade Marks Act as read with section 2(2) of the Trade Marks
Act.  The definition of "trademark" is non-exhaustive.  As long as a sign is capable of being
represented graphically to distinguish goods or services of one undertaking from goods or services ofIP/C/W/193
Page 4
a competitor, it will be protected regardless of whether it is a sound mark, container or a perfume
name.  Note however, the provisions of section 35.
11. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please, explain the definition of use and the conditions of maintenance of a registration
in that respect.
The requirements as to use must be in respect of a "trade" as defined in section 2(1) of the
Trade Marks Act.  Non-use for a period of 5 years may lead to revocation of the mark.
(section 46(1)(a) and (b)).  The definition of "use" of a trademark is provided in section 46(2).  Note,
however, the provisions of section 46(3).  See also section 48 on the legal effect of acquiescing to the
use of a trademark in Belize.
In respect of "use" as a precondition to registration, see section 35(4).
12. Please confirm whether or not your legislation permits that the registration of trademarks be
indefinitely renewable.
For duration of trademark registration (i.e. a pe riod of ten years), see section 20(1).  Renewal
periods are for further ten-year periods in accordance with section 21.  Such ten-year renewal periods
will be for an indefinite period.
13. Please describe the special requirements, if any, prescribed by your legislation concerning
the use of a trademark.
Legislation prescriptions limiting the use of a trademark in Belize are specified in section 26
of the Trade Marks Act.  Additionally, provision is made in section 27 for the "exhaustion" of the
rights of a proprietor in certain specified circumstances.  Further, use of a trademark in Belize may belimited by a disclaimer as provided in section 28.
D. G
EOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
No.  See definitions of "trademark", "collective mark" and "certification mark" in section 2(1)
as read with section 2(2).  See further section 35(1)(c) as red with the proviso to section 35(1) of the
Trade Marks Act.
15. Please give the definition of a geographical indication in your legislation.
See definition of "certification mark" and "collective mark" in section 2(1) of the Trade
Marks Act.  See further paragraph 3 of the First and Second Schedules.
16. Please describe and explain the provisions of your legislation establishing a link, if any,
between the characteristics of an indication and its geographical origin.
Pursuant to paragraph 3(1) of both the First and Second Schedules, the indication must serve,
in trade, to designate the geographical origin of the goods and services.
17. Please describe whether or not, how additional protection is granted by your legislation to
wines and spirits.  Please mention other types of products, if any, covered by this additional
protection.IP/C/W/193
Page 5
Additional protection for wines and spirits as provided for under the TRIPS Agreement will
be provided in Regulations to be filed with the Registrar pursuant to paragraph 5 of the First Schedule
and paragraph 6 of the Second Schedule.  Other types of products to be afforded additional protection
will likewise be specified in the same Regulations.
18. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in your
jurisdiction.  Please, provide examples of the use of the exceptions by courts or lists of names
considered as generic in your jurisdiction.
[Response not received]
E. INDUSTRIAL DESIGNS
19. Please explain whether or not your legislation extends the protection to designs dictated
essentially by technical or functional considerations.  Please, explain how textile designs are
protected.
Protection of industrial designs dictated essentially by functional considerations:  see the
definition of "industrial design" in section 2 of the Industrial Designs Act.  For the protection of
textile designs, see section 10(1), (2) and (3), but note the provisions of section 10(4).
20. Please explain bow your legislation protects right holders of a design against importing of
articles bearing embodied or copied design.
See section 10(2), which prohibits the importation of any article into Belize embodying the
industrial design without the authority of the righ t holder.  Where importation takes place, the right
holder is empowered under section 24(2)(d) to apply to the Supreme Court for an Order specified
thereunder in order to arrest the importation.  Additionally, section 24(2)(c) enables the design holderto apply for an injunction to prevent further infringement.
21. Please mention whether or not your legislation provides for the right to issue a compulsory
licensing for industrial designs.
No, licences are not voluntary.  See section 16 of the Industrial Designs Act.
22. Please indicate for which period of time your legislation grants protection for industrial
designs.
Duration of an industrial design under the Act is five years from the filing date of the
application for registration but may be renewed for 2 further consecutive periods of 5 years.  Seesection 11(1).
F. P
ATENTS
23. Please describe how your legislation defines the notions of.:  novelty, inventiveness and
industrial application.
Description of novelty – See section 9 of the Patents Act.  Description of inventiveness – See
section 10 of the Patents Act.  Description of industrial application – See section 11.
In short, by "novelty" is meant that the invention must never have been made before, carried
out before or used before.  By "inventiveness" is meant that the invention must be enough of an
advancement to be considered "non-obvious" by a person having ordinary skill in the art of theIP/C/W/193
Page 6
invention.  By "industrial application" is meant that the invention must be able to be used on a certain
scale in practice.
24. Please explain whether or not in your legislation, patent or, otherwise, patent rights are
enjoyed without any exclusions.  If exclusions are provided for, please describe in detail how theseexclusions are applied in legal as well as practical terms.
Patent rights are not enjoyable without exclusions.  Exclusions are provided in section 12
("Matters excluded from patent protection") which include:-
(a) Discoveries, scientific theories and mathematical methods;
(b) Schemes, rules or methods of doing business;
(c) Methods for the treatment of the human or animal body by surgery or therapy, as well
as diagnostic methods practised on the human or animal body.
Also, under section 12(3) inventions may be excluded from patentability on the grounds of
public order or morality, including to protect human, animal or plant life or health or to avoid serious
prejudice to the environment.  See also section 35.
25. Please explain whether your legislation provides for the exclusion of inventions from
patentability based on ordre public or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please, also explain if it has been applied in practice.
Exclusion on the grounds of ordre public or morality – see section 12(3) of the Patents Act.
For the formulation, see that even though the grant of a patent is prohibited by law in Belize, that perse shall not constitute the ground of refusal, but should be considered within the wider context of
issues of public order, morality, protection of the environment, human, plant and animal life, etc.
This provision has not yet been applied in practice.
26. Please explain whether or not diagnostic, th erapeutic and surgical methods are excluded
from patentability in your legislation.  If so, please, explain the relevant section of your legislation
and explain its formulation.
See section 12(1)(c) of the Patents Act as read with 12(2).  See also 9(4) of the Patents Act.
27. Please explain whether or not plants, animals and essentially, biological processes are
excluded from patentability in your legislation.  If so, please, explain the relevant section of yourlegislation and explain its formulation.
See section 12(1)(c) of the Patents Act as read with 12(2).
28. Please describe how micro-organisms, n on-essentially), biological processes,
microbiological processes and plant varieties are protected in your legislation.  Please, explain in
this respect, the relevant sections of your legislation.
These processes are protected under a complete Act "the Protection of New Plant Varieties
Act".  This Act also has an impact on Question 26 and 27 above.
29. Please explain how your legislation protects patent right holders against importing and
against offering for sale of a patented invention.IP/C/W/193
Page 7
See section 33(1) and 33(2)(a)(i) ("importation") ("sale").  For enforcement provisions, refer
to the patent portion of Belize’s answers to the Checklist of Issues on Enforcement (document
IP/N/6/BLZ/1).
30. Please inform if your legislation provides fo r patent product protection of pharmaceutical
and agricultural chemical products.  In the affirmative, please indicate the legal reference.
See section 9(4), which addresses the issue of pharmaceutical products.
31. Please clarify if the patent protection of a process, as provided for in your legislation, covers
the product obtained directly by that process.
See section 33(2)(a) and especially 33(2)(b)(i) and (ii) of the Patents Act.
32. Please explain the additional conditions, if any, in your legislation other than the sufficient
disclosure of the invention in Article 29 TRIPS (e.g. submission of justification for access to genetic
material or prior inform consent to its use).  If such additional conditions exist, please point out therelevant legislations and describe the additional conditions in detail.
See section 17, 21 ("right of priority") and 23 of the Patents Act.  In respect of genetic plant
materials, see the Protection of New Plant Varieties Act.
33. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.
For the exceptions to the exclusive rights in a patent, see section 35 and section 38.
34. Please explain whether or not your legislation provides for compulsory licensing.  If so,
please explain in detail the conditions under which a compulsory licence may be granted.  In
particular, please explain how your national le gislation considers individual merits in the
authorization of such use.
Yes, the Patents Act of Belize provides for compulsory licensing, - see section 38.
35. Please explain how your legislation explicitly ensures that a proposed user has made efforts
to obtain authorization from the right holder on reasonable commercial terms and conditions and that
such efforts have not been successful within a reasonable period of time.  In this context, how do you
define "reasonable period of time", Please also explain how your legislation ensures that the use of a
compulsory licence shall be authorized predominantly for the supply of the domestic market of theMember authorizing such use.
See section 35(1)(b), (2), (3), (4), (5), (6), (7),  (8), (9), (10), (11) and (12).  Reasonableness, in
countries following the common law tradition, is a concept determined objectively by a court or the
Minister on a case-by-case basis, hence the higher protection to semi-conductor technology in 35(6).
36. Please mention if your legislation grants additional protection for innovations after the 20
years of patent protection has lapsed.
For the 20 year duration period of a patent, see section 28(1).  No additional protection is
offered beyond the 20 year protection period.
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1 January 1995.IP/C/W/193
Page 8
This enhanced patent protection is provided for under section 72.
38. Please explain how your legislation provides for the reversal of the burden of proof in
relation to process patents.
For the reversal of the burden of proof in relation to process applications, see section 41(7)(a).
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS .
39. Please describe how your legislation protects topographies.
Please see the Protection of Layout De signs (Topographies) Act of Belize.
40. Please explain what protection your national legislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including
integrated circuits or other articles in which a topography is incorporated in accordance with
Article 36 of the TRIPS Agreement.
See section 6(2) as read with section 24.
41. Please explain how your legislation provides for the derogation from Article 36 as specified
in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to
know when acquiring an integrated circuit or an article incorporating such an integrated circuit thatit contains an unlawful topography.
See section 6(3)(d) of the Act.
42. Please state the term of protection granted by your legislation to topographies.
See section 7.  Protection is for 10 years.
H. P
ROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislation grants a defined period of time for the
protection of undisclosed information.  If so, please give the time span.
No.
44. Please explain how your legislation defines undisclosed information.
None.
45. Please explain how your legislation defines da ta submitted to governments or governmental
agencies.
None.
I. ENFORCEMENT
See Belize's answers to the Checklist of I ssues on Enforcement (document IP/N/6/BLZ/1).IP/C/W/193
Page 9
JAPAN
A. C OPYRIGHT AND RELATED RIGHTS
1. Please explain how the protection is provided for works, phonograms, performances and
broadcasts from other WTO Members under the Law on Copyright and Neighbouring Rights of Belize
(hereinafter referred to as "Copyright and Neighbouring Rights Law").  Please describe theprovisions of the Copyright and Neighbouring Rights Law which provide for the National Treatment
and Most-Favoured-Nation Treatment as required by Articles 3 and 4 of the TRIPS Agreement as well
as Article 9.1 of the Agreement which incorporates Article 5(1) of the Berne Convention.
Section 143 provides as follows:-
"143.(1) Subject to the provisions of sub-section (3), the Minister may by Order published in
the Gazette provide that, in relation to any country specified in the Order, any of theprovisions of this Act so specified shall apply:
(a) in relation to persons who, at a material time, are  citizens or subjects of that country,
as they apply in relation to persons who, at such a time, ire citizens of Belize;
(b) in relation to persons who, at a material time, are domiciled or resident in that
country, as they apply in relation to persons who, at such a time, are domiciled or
resident in Belize;
(c) in relation to literary, dramatic, musical or artistic works,  sound recordings, films or
editions first published in that country, as they apply in relation to literary, dramatic,
musical or artistic works, sound recordings, films or editions first published in Belize;
 (d) in relation to bodies incorporated by or under the laws of that country, as they apply
in relation to bodies incorporated by or under the laws of Belize;
(e) in relation to broadcasts made or cable programmes sent from, places in that country
by persons permitted or authorized or under the laws of that country to make those
broadcasts or send those cable programmes, as they apply in relation to broadcasts
made or cable programmes sent from places in Belize by persons permitted or
authorized by or those broadcasts or send those cable programmes.
(2) An Order made under this section applying any provisions of this Act in relation to
any country other than Belize may apply those provisions:-
(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 such other classes or cases, as may
be so specified.
(3) An Order shall not be made under this section applying any provisions of this Act in
relation to any country which is not a party to a Convention relating to copyright or to the
rights of performers or of the producers of phonograms to which Belize is also a party, unless
the Minister is satisfied that in respect of the class of works which those provisions relate,
provision has been or will be made under the laws of that country whereby adequate
protection will be given to owners of copyright or rights in performances conferred by thisAct."IP/C/W/193
Page 10
2. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbou ring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
None.
3. Please explain whether and how Belize provides retroactive protection to works,
phonograms, performances from other WTO Members,  as required by Articles 9.1, 14.6, and 70.2 of
the TRIPS Agreement which apply, mutatis mutandis, Article 18 of the Berne Convention.  Please
indicate the date to which such protection extends back with respect to each category of
subject-matter.
Belize does not provide retroactive protection to works, phonograms, performances from
other WTO Members.  See section 148, which provides that "No copyright or right in the nature ofcopyright shall subsist otherwise than by virtue of this Act or some other enactment in that behalf",
thus giving the right to copyright protection in Belize a prospective character.
4. Please explain whether protection of "computer programs" under the Copyright and
Neighbouring Rights Law covers computer programs in both source and object code, as required byArticle 10.1 of the TRIPS Agreement.  Are those co mputer programs protected as literary works in
accordance with Article 2(1) of the Berne Convention?
Yes, protection of copyright in computer programs extends to both the source and as object
code as required under Article 10.7 of the TRIPS Agreement.  Section 3(1) of the Copyright Act
defines a "computer program" as a set of instructions, whether expressed in words or in schematic orother form, which is capable, when incorporated in a machine readable medium, of causing an
electronic or other device having information processing capabilities to indicate, perform or achieve a
particular function, task or result".  Those works are protected as literary works pursuant to article 2.1
of the Berne Convention, since section 3(1) of the Copyright Act defines a literary work as "any work,
other than a dramatic or musical work, which is wr itten, spoken or sung, and accordingly includes:-
(a) a written table or compilation;(b) a computer program."Section 7(1)(a) declares that copyright subsists under the Act to original literary works.
5. Please clarify whether "database" under the Copyright and Neighbouring Rights Law
includes compilation of data in machine-readable form.  Please explain how the Law complies with
Article 10.2 of the TRIPS Agreement in this respect.
See the answer to section 4 above.  The definition. of "computer programs" by its very nature,
includes "databases" or compilations of data or other instructions or tables, whether expressed inwords or in a schematic or other form.  The protection afforded extends to the data or other material
itself as well as to the rights in the data. (See section 7(1)).
B. E
NFORCEMENT
6 Please indicate the remedies which the judicial authorities order regarding intellectual
property rights, including injunctions, damages, expen ses, destruction or disposal of infringing goods,
materials or implements for their production.  Pl ease explain the criteria for and the way of
calculation to decide the amount of the damages which judicial authorities order to the person who
infringes intellectual property rights to pay to the right holder.IP/C/W/193
Page 11
The enforcement provisions found in the Copyright Act and other IPR laws may be divided
into the following categories:  (i) conservatory or provisional measures;  (ii) civil remedies;
(iii) criminal sanctions;  (iv) cross border measures, and (v) remedies and sanctions against abuses in
respect of technical devices (decoding instruments in respect of encrypted television broadcasts).
Conservatory or provisional measures:
These have two purposes:  First, to prevent an  infringement from occurring, particularly to
prevent the entry of the infringing goods into the channels of commerce, including entry of imported
goods after clearance by customs, and second, to preserve relevant evidence in regard to an alleged
infringement.  The most effective conservatory measure under the Belize Copyright Act calls for a
search of an alleged infringer's premises without notice, and seizure of suspected infringing goods, theequipment used to manufacture them, and all relevant documents and other record's of the alleged
infringing business activities.  See sections 37, 38 to 40, 46-54, 118-123, and 135-139 of the
Copyright Act.
Civil remedies:
The purpose of civil remedies under the Belize Copyright Act is to compensate the owner of
rights for economic rights suffered because of infringement, in the form of monetary damages,
thereby creating an effective deterrent to further in fringement - Civil remedies usually also take the
form of a judicial order to destroy the infringing goods and the instruments used to produce themwhere there is a danger that the infringing acts may continue.  Also, courts are allowed to issue
injunctions, failure to comply with which would re sult in the commission of a criminal offence. See
sections 32-46, 118-120 of the Copyright. Act.
7. Please explain the kind and amounts of crimi nal penalties including imprisonment and fines
regarding intellectual property rights.  In particular, are the crimes persecuted only when the injured
party has made a formal accusation?  Please also explain whether penalties are consistent with
Article 61 of the TRIPS Agreement which requires the penalties to be sufficient to provide a deterrent,
consistently with the level of penalties applied for crimes of a corresponding gravity.
Criminal sanctions:
(a) Copyright Act
The following sections in the Belize Copyright Act specify the offences and penalties in
respect of dealings which infringe copyright.-
Section 52 provides as follows:-"52(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; orIP/C/W/193
Page 12
(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 musical 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 performance constitutes an infringement
of the copyright, commits an offence.
(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 not exceeding one thousand five hundred:  dollars for each such article,
or to imprisonment for a term not exceeding twelve months.
(5) Any person who is guilty of an offence under sub-section (2) or sub-section (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 a term not exceeding five thousand dollars or to
imprisonment for a term not exceeding two years."
Section 121 provides as follows:-"121.(1)  A person commits an offence who without sufficient criminal ability for making,
etc. recordings:
(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
right's 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.IP/C/W/193
Page 13
(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 table 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.
(3) In sub-sections (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 recording rights, and
(ii) for the purposes of paragraphs (b), (c), and (d) of sub-section (2), the consent
of the person having recording rights;
(c) whether a work was published or otherwise dealt. with in the lifetime of a person,any unauthorized publication or the doing of any other unauthorized act shall be disregarded.(7) A publication or other act shall for the purposes of sub-section (6), be taken to have
been unauthorized if, but only if:-
(b) Industrial Designs Act, 2000
Section 24(5) provides that any person who inte ntionally 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.
(c) Patents Act, 2000
Section 64 provides as follows:
"64. Any person who intentionally or wilfully performs any which constitutes an infringement
as defined under section 40 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 ofnot 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; orIP/C/W/193
Page 14
(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, or to imprisonment for a term not
less than two years, but not more than five years, or to both such fine and imprisonment.
(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 reasonably sufficient 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 defence for the accused to
prove that he used due  diligence 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 that four thousand dollars, but not more
than ten thousand dollars."
(e) Protection of Layout-designs (Topographies) Act, 2000
Section 25 provides as follows:"25.(1) Any person who performs an act which is unlawful under section 6 commits an
offence and is liable - to a fine 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.IP/C/W/193
Page 15
(2) Any such person who, knowing the same to be false: -
(a) makes or causes 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 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: to imprisonment for a term of not less than three years, but
not more than ten years, or to both such fine and such imprisonment."
(f) Plant Varieties Act, 2000
 Section 45 provides as follows:
"45.(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 lessthan five thousand dollars 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 lik ely to cause confusion there with, or another
variety of the same botanical or a related species commits an offence and is liable to a fine ofnot less than five thousand dollars but more than fifteen thousand dollars."
(g) Trade Marks Act, 2000
Sections 75, 76 and 77 provide as follows.-"75.(1) A person commits an offence who with a view to gain for himself or another, or with
intent to cause a loss 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 distributed 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 to the doing of anything, by himself or another, which would be anoffence under paragraph (b) above.
(2) A person commits an offence who with a vi ew 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;IP/C/W/193
Page 16
(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 a business par 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 view to 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 vi ew 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 trademark;  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 for advertising goods.
(4) A person does not commit an offence under this section unless:-
(a) the goods are goods in respect of which the trademark is registered;   or 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.
(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 offence under this section is liable on summary conviction to a
fine not exceeding fifteen thousand dollars or to imprisonment for a period not exceeding andwhere the offence continues after the first ten years, convention, 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.
76.(1) It is an offence for person to make, or cause to be made, a false entry in the register of
trademarks, knowing or etc. 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
ancestry 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 t o both such fine and period of imprisonment.
77.(1) It is an offence for a person:-IP/C/W/193
Page 17
(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 or implied) to
registration, shall be deemed to be a representation as to registration under this Actunless 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 notexceeding four years, or to both such fine and period of imprisonment.
78.(1) Where an offence is committed under this Act by a body corporate , every person who
at the material time was a partnership.
Director, 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) Subsection (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."
UNITED STATES
A.G ENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which national treatment and most
favoured nation treatment are provided to nationals of other WTO Members.
(a) Copyright Bill, 2000 Clause 143(b) Patents Bill, 2000 Clause 54(c) Trade Marks Bill, 2000 Clause 59(d) Protection of Layout Designs (Topographies)
Bill, 2000 Clause27
(e) Industrial Designs Bill,2000 Clause 26(f) Protection of New Plant Varieties Bill, 2000 Clause 13IP/C/W/193
Page 18
B.C OPYRIGHT AND RELATED RIGHTS
2. The Belize Copyright law complies with Article 9 of the TRIPS Agreement, requiring
compliance with Articles 1 through 21 of the Berne Convention (1971).  This is by virtue of the fact
that the Belize copyright law is based on a WIPO draft model legislation which conforms withArticles 1 through 21 of the Berne Convention (1971).  In fact the Belize Copyright law goes further
than Article 9 of the TRIPS Agreement because it also complies with Article 6 bis (moral rights) –
Part III (Copyright Bill, 2000).
3. Please explain how the Belize Copyright law protects computer programs as literary works
and compilations of data as required by Article 10 of the TRIPS Agreement.
Clause 7 of the Copyright Bill, 2000 provides protection for original literary works.  Clause 3
of the Bill defines a literary work as including computer programs and compilations.  Clause 49(4)
also states that in computer programs shall be admissible in evidence and presumed to be correct
until the contrary is proved.
4. Article 11 of the TRIPS Agreement protects rental rights for computer programs and
cinematographic works. Please cite the corresp onding provision of the Belize Copyright Law.
Clause 9(1)(b) as read with Clause 9(2)(b).
5. Please state the length and terms of protection the Belize Copyright Law provides for a work
other than a photographic work or a work of applied art and cite to the relevant provision of law.
Clause 10
6. Please explain what protection the Belize Copyright law provides for performers, and provide
the length and terms of the protection.
Part VIII of the Copyright Bill, 2000
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms shall enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2requires that producers of phonograms have the right to authorize or prohibit the commercial rental
to the public of originals or copies of their phonograms.  Please clarify whether and how the Belize
Copyright Law implements these obligations.
Part II of the Copyright Bill, 2000. Specifically, the provisions dealing with sound recordings.
Part VIII - with regard to rental, the relevant provision is Clause 9(1)(b) as read with
Clause 9(2)(b).
C.T RADEMARKS
8. Please describe the subject-matter that can comprise a trademark under the Belize trademark
law.
Clause 2(1) defines a trademark as any sign capable of being represented graphically which is
capable of distinguishing goods or services of one undertaking from those of other undertakings and it
may, in particular, consist of letters, numerals or the shape of goods or their packaging.IP/C/W/193
Page 19
Clause 2(2) states further that references to marks include references to a collective mark
indicating that the goods or services in connection with which it is used are certified by the proprietor
of the mark in respect of origin, materials, mode of manufacture of goods or performance of services,
and the provisions of this Act apply to certification marks subject to the provisions of the Second
Schedule.
9. Please describe the procedure that must be followed to register a trademark in Belize, citing
the provisions of the law under which such registration is provided, and describe the rights that the
owner of a registered mark.
The registration procedure is covered by Part III of the Trade Marks Bill, 2000.  Part III also
states the rights conferred by a registered trademark (Clause 24).
10. Please explain whether the Belize trademark law provides for a means to publish a trademark
either before it is registered or promptly after it is registered, and whether the trademark protection
procedure otherwise complies with Article 15.5 of the TRIPS Agreement.
The Belize trademark law provides for the publication of an accepted application for
registration in the register and the Journal (Clause 16(1) Part III).
Clause 21(6) also provides for the publication of the renewal or restoration of the registration
of a trademark.
11. Please explain whether the Belize trademark law presumes a likelihood of confusion where an
identical mark for identical goods and services is used without authorization on identical goods or
services as required.
Such situations are covered by Clause 25 (which deals with infringement of registered
trademark).
12. Please explain whether and how the Belize trademark law provides for the protection of
well-known trademarks and service marks, citing to the relevant provisions of law.
As can be noticed in the answer to question 8, protection is given to trademarks covering both
goods and services.
13. Please provide the length and terms of protection the Belize trademark law provides for a
trademark.
Clauses 20 and 21 of the Trade Marks Bill, 2000 provides for the duration of registration, the
renewal of registration and the terms for maintaining protection.
14. Please explain how the Belize trademark law com ports with the use provision of Article 19 of
the TRIPS Agreement.
See Clause 12(3).
D.G EOGRAPHICAL INDICATIONS
15. What provisions of Belize's law or regulations provide for the recognition of geographical
indications required by Articles 22.2 and 23.1 of the TRIPS Agreement?  Please provide citations tothose laws.IP/C/W/193
Page 20
See the first Schedule (sections 2(1) and 57) and the Second Schedule (sections 2(1) and 58)
of the Trade Marks Bill, 2000.
16. In determining whether recognition should be given a geographical indication, what criteria
are considered?
See Clauses 12 and 15, and the First and Second Schedules.
17. Please describe the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is provided and provide examples of such products
and the law under which they are protected
The higher level of protection required for wines and spirits under Article 23.2 of the TRIPS
Agreement can be obtained under the Second Schedule to the Trade Marks Bill, 2000, which deals
with certification marks.  However, such products  are not specifically referred to in the Bill.
18. Please describe the legal means available under the law of Belize that enable interested
parties to ensure the protection required by Articles 22 and 23, and cite to the relevant provisions oflaw?
Interested parties can ensure the protection required by Articles 22 and 23 in Belize under the
Trade Marks Bill, 2000. Specifically, Part III and the First and Second Schedules.
E. I
NDUSTRIAL DESIGNS
19. Please describe the procedure that must be followed to obtain protection for industrial
designs, citing to the provisions of the Belize law, and describe the nature of the protection provided.
See Clause 5 of the Industrial Designs Bill, 2000, with regard to the procedure to be followed
to obtain protection.  The nature of the protection is covered by Clause 10.
20. Please describe the procedure that must be followed to obtain protection for textile designs
and cite to the provisions of the law under which such protection is provided.
See the definition of "industrial design,' in Clause 2, which includes materials.  For the
procedure to obtain protection, see Clause 5 of the Bill.
F. P ATENTS
21. Please explain whether and how the Belize pate nt law implements Article 27 of the TRIPS
Agreement.
See Part III of the Patents Bill, 2000.
22. What provisions of the Belize patent law or regulations provide to patent holders the rights
required by Article 28 of the TRIPS Agreement?  Please provide citations to those laws or
regulations.
See Clause 33 of the Patents Bill, 2000.  With regard to Article 28.2 (assignment, transfer by
succession and licensing contracts), see Clauses 31 and 37 of the Bill.
23. Please describe the nature of the disclosure required of patent applicants under the Belize
patent law.IP/C/W/193
Page 21
See Clause 17 of the Patents Bill, 2000.
24. Please state whether, under the Belize patent law or regulations, compulsory licences can be
issued, cite the relevant sections of law, and describe in detail the conditions under which they can be
issued.
Compulsory licences are issued under Clauses 38 and 39 of the Bill.
25. Please indicate whether the Belize patent law or regulations provide an opportunity for
judicial review of decisions to revoke or forfeit a patent as required by Article 32 of the TRIPS
Agreement.
The Belize patent law provides an opportunity for judicial review of decisions to revoke or
forfeit a patent as required by Article 32 of the TRIPS Agreement (See Clause 62).
26. What term of protection does the Belize patent law provide for patents?  Does the law contain
any provisions for extension of the term, and, if so, provide information on such extensions and the
conditions that give rise to them.
The term of protection for patents in Belize is 20 years.  See Clause 28 of the Bill, which
deals with the duration and maintenance of patents.
27. Under what provisions of the Belize patent law can the burden of proof in a process patent
infringement action be placed on the defending party as required by Article 34 of the TRIPS
Agreement? Please cite to those provisions.
See Clause 41(7).
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
28. What provisions of the Belize patent law provide for the protection for layout-designs of
integrated circuits (referred to in the TRIPS Agreement as "layout-designs") that are registered orhave been commercially exploited anywhere in the world, as outlined in Article 35 of the TRIPS
Agreement.  Please provide citations to those laws.
Belize has specific legislation on this subject matter entitled the "Protection of
Layout-Designs (Topographies) Bill, 2000".  The Bill provides extensive protection for
layout-designs including for layout-design righ t holders.  See Clauses 3, 5, 6, 8, 11, and also 27.
29. Please describe in detail the scope of protection provided layout-designs under those laws.
See Clause 6.
30. For what term is protection provided for layout-designs?
The term of protection is ten years.  See Clause 7.
H. P
ROTECTION OF UNDISCLOSED INFORMATION
31. Please describe in detail how the Belize law provides for the protection of undisclosed
information that is secret as defined in Article 39.2 of the TRIPS Agreement and provide citations to
the relevant provisions of law.IP/C/W/193
Page 22
Belize law does not specifically provide for the protection of undisclosed information.
Intellectual property protection for pharmaceuticals and agricultural chemical products can be
obtained under the Patents Bill, 2000.
32. Please describe in detail the manner of protection provided to test data regarding
pharmaceutical and agricultural chemical products which are undergoing testing in order to obtain
marketing approval in Belize and cite to the relevant provisions of law.
[Response not received]
33. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products pe rmitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
[Response not received]
I. E NFORCEMENT
34. Please explain whether the laws of Belize provide for effective action against infringement of
intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
The laws of Belize do provide for effective action against infringement of intellectual
property rights as required by Article 41.1 of th e TRIPS Agreement.  See the following provisions:
(a) Copyright Bill, 2000 Part V(b) Trade Marks Bill, 2000 (i) Clause 25
(ii) Clauses 49-55
(iii) Clauses 75-81
(c) Patents Bill, 2000 - (i) Part X
(ii) Clause 63
(d) Industrial Designs Bill, 2000 Clause 24(e) Protection of New Plant Varieties
Bill, 2000 Part XIII
(f) Protection of Layout Designs
(Topographies) Bill, 2000 (i) Clause 24
(ii) Clause 25
35. Article 42.4 of the TRIPS Agreement provides for appeals to judicial bodies of final
administrative decisions and of at least the legal aspe cts of initial judicial decisions on the merits of
any act of infringement of intellectual property rights.  Please explain whether the laws of Belize
provide for such a mechanism.
The Laws of Belize do provide for appeals to judicial bodies of final administrative decision
and the legal aspects of initial judicial decisions:
(a) Section 95 of the Belize Constitution (CAP . 4) states that the "Supreme Court shall
have unlimited original jurisdiction to hear and determine any civil or criminalIP/C/W/193
Page 23
proceedings under any law and such jurisdiction and powers as may be conferred on
it by this Constitution or any other law."
(b) Section 10 of the Constitution states that the "Court of Appeal shall have such
jurisdiction and powers to hear and determine appeals in civil and criminal matters asmay be conferred on it by this Constitution or any other law."
(c) Part VII of the Copyright Bill, 2000, give s the Supreme Court extensive jurisdiction
in licensing matters.
(d) Trade Marks Bill, 2000 - Clauses 46(4) and 47(3) and (4).
(e) Patents Bill, 2000 - Clauses 47 and 48.
(f) Industrial Designs Bill, 2000 - Clauses 14 and 23
(g) Protection  of New Plant Varieties Bill, 2000 - Clauses 26 and 43
(h) Protection of Layout-Designs (Topographies) Bill, 2000 - Clauses 18 and 23
36. Please elaborate on the procedures for filing and appealing intellectual property
infringement cases.
The jurisdiction for intellectual property infringement cases cover both civil and criminal
jurisdiction of the judiciary.  The procedure for filing civil cases involve the use of writs of summons
and appeals are usually lodged in motions setting for the grounds of appeal.  The procedure in
criminal cases involves the use of indictments.
37. Please describe the procedures for protecting confidential information in intellectual
property infringement cases.
Evidence Act, Chapter 75 of the Laws of Belize, Revised Edition 1980 - 1990.
38. Article 43.1 of the TRIPS Agreement authorizes judges to order production of evidence
necessary to substantiate a party's claims where that party has been unable to obtain such evidence
from the opposing party.  Please explain the provisions of the Belize laws or regulations that provide
this authorization.
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.
39. Article 44.1 of the TRIPS Agreement authorizes judges to enjoin a defendant, except the
government from infringing intellectual property rights.  Please cite to the provisions of the Belize
laws or regulations that provide this same authorization.
The provisions of the laws of Belize that provide for the remedy of an injunction are:
(a) Copyright Bill, 2000 - Clause 36(1)(b)  Industrial Designs Bill, 2000 - Clause 24(2)(b)IP/C/W/193
Page 24
(c) Patents Bill, 2000 - Clause 41(2)(a)
(d) Protection of Layout Designs (Topographies) Bill, 2000 - Clause 24(2)(a)(e) Protection of New Plant Varieties Bill, 2000 – Clause 44(2)(a)(f) Trade Marks Bill, 2000 - Clause 49(2)
40. What provisions of the Belize laws or regulations authorizes judges to order the payment of
monetary damages adequate to compensate for the injury done by the infringement, as outlined in
Article 45.1 of the TRIPS Agreement?
The provisions of the laws of Belize that provide for the remedy of damages are:
(a) Copyright Bill, 2000 - Clause 36(1)(b) Industrial Designs Bill, 2000 - Clause 24(2)(a)(c) Patents Bill, 2000 - Clause 41(2)(c)
(d) Protection of Layout Designs (Topographies) Bill, 2000 - Clause 24(2)(b)
(e) Protection of New Plant Varieties Bill, 2000 – Clause 44(2)(c)
(f) Trade Marks Bill, 2000 - Clause 49(2)
41. Article 45.2 of the TRIPS Agreement authorizes judges to order the infringer to pay right
holders enforcement costs and recovery of profits and/or statutory damages.  Please cite to the
provisions of the Belize laws or regulations that provide this same authorization.
The Laws of Belize provides for the payment of costs in civil actions.  Costs are extensively
provided for in order 66 of the Supreme Court Rules.
42. Article 46 of the TRIPS Agreement authorizes additional remedies including seizure of
infringing goods, and the disposal of materials and implements used predominantly in the creation of
infringing goods.  Please cite to the provisions of the Belize laws or regulations to provide this same
authorization.
The seizure of infringing goods and the disposal  of materials and implements used
predominantly in the creation of infringing goods is provided for in Belize laws as follows:-
(a) Copyright Bill, 2000 - Clause 37, 38,119, 120 and 135(b) Industrial Designs Bill, 2000 - Clause 24(2)(c)(c) Patents Bill, 2000 - Clause 41(2)(b)
(d) Protection of Layout Designs (Topographies) Bill, 2000 - Clause 24(2)(c)
(e) Protection of New Plant Varieties Bill, 2000 – Clause 44(2)(b)
(f) Trade Marks Bill, 2000 - Clause 51IP/C/W/193
Page 25
43. According to Article 48.1 of the TRIPS Agreement, judges are authorized to indemnify a
defendant including in the event of abuse by the plaintiffs.  Please cite to the corresponding provisions
in the Belize laws or regulations.
The effect of misjoinder of defendants in any proceedings before the Supreme Court is
provided for under Order XVII, Rule 12 of the Supr eme Court Rules. Although the awarding of costs
in any cause or matter is generally a matter falling within the discretionary powers of the Supreme
Court, where there is a misjoinder or non-joinder of defendants, the Court will strike out the action
against the misjoinded 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 for and against the
Crown and public authorities, subject to the prov isions of the Crown Proceedings Act and the Public
Authorities Protection Act, Chapter 24 of the Laws of Belize, Revised Edition 1980 - 1990.
44. Please explain how the Belize laws or regulations comport with Article 50 of the TRIPS
Agreement.
Please explain how Belize laws or regulations comport with Article 50 of the TRIPS
Agreement.
(a) 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 th is is to make sure that the infringing articles are
in safe custody pending the final disposition of the matter. (Clauses 37, 54 and 119).
(b) Industrial Designs Bill, 2000Like in the Copyright Bill, the Court is empowered to order delivery up of the infringing
articles.  The rationale is the same.
(c) Patents Bill, 2000
None.
(d) 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.
(e) Protection of New Plant Varieties Bill, 2000Pursuant to Clause 44(2)(a), an applicant may be granted an interlocutory injunction by the
Court forbidding the continued commission of an in fringement of the holder of the breeder's right
until the final determination of the matter.
(f) Trade Marks Bill, 2000The Court may make a provisional order under Clause 51 ordering the delivery-up of the
infringing goods, materials, or articles pending the final disposition of the matter.
45. Article 51 of the TRIPS Agreement requires that countries adopt procedures that enable right
holders to request suspension of the importation of counterfeit trademarked goods and pirated
copyrighted works.  Please identify the competent authority in Belize authorized to acceptIP/C/W/193
Page 26
applications for a request to suspend release of suspected infringing goods and cite to the relevant
law or regulations governing such authority.
The competent authority in Belize authorized to  accept applications for a request to suspend
release of suspected infringing goods is the Comptroller of Customs.  The relevant law with regard topirated copyright works is Clause 51 of the Copyright Bill. With regard to counterfeit trademark
goods, the relevant law is Clause 74 of the Trade Marks Bill, 2000.
46. Article 51 of the TRIPS Agreement requires that countries adopt procedures that enable right
holders to request suspension of the importation of counterfeit trademarked goods and pirated
copyrighted works.  Please identify the competent authority in Belize authorized to accept
applications for a request to suspend release of suspected infringing goods and cite the relevant lawor regulation governing such authorization.
Same answer as for question 45.
47. Please describe the procedures a right holder must follow to obtain border protection by the
competent authorities, e.g. if there is a formal applic ation that must be submitted to the competent
authority, judicial or administrative, and the info rmation required in the request for suspension and
cite the law or regulations providing such procedures.
See the relevant Clauses in the answer to question 45 above.  The procedures required to
obtain border protection, will also be augmented by Regulations made under the Copyright Act and
the Trade Marks Act.
48. Please explain whether procedures, permissible under Article 51 of the TRIPS Agreement,
are available to stop the export of goods suspected of infringing copyrights and/or trademarks.
Detailed border provisions to stop the exportation of goods suspected of infringing copyright
or trademarks will be provided for in regulations made under the Copyright Act and the Trade Marks
Act. As mentioned in the answer to question 1, both  Acts contain provisions for national treatment for
citizens of countries which are party to the relevant Convention.  These provisions could be relied on
by citizen right holders of such countries to stop the infringement of their goods in Belize.
49. Article 52 of the TRIPS Agreement requires that  rights holders wishing to stop importation of
counterfeit trademarked goods or pirated copyrighted works present evidence to the competent
authorities that there is prima facie infringement of their trademark or copyright. Please explain
what evidence will constitute prima facie infringement in Belize.
The type of evidence required to constitute prima facie infringement in Belize is determined
by conditions given under Clause 51(4)(ii) of the Copyright Bill, 2000, and Clause 74(3)(b) of the
Trade Marks Bill, 2000. Further details will be given in Regulations made under both laws.
50. Article 52 also requires that the right holder provide a "sufficiently detailed description of the
goods" to be stopped.  Please explain what is required of the right holder in Belize for a description to
be "sufficiently detailed."
Provisions with regard to providing a "sufficiently detailed description of the goods" to be
stopped, will be enacted in Regulations made under the Copyright Bill, 2000, and the Trade MarksBill, 2000.
51. Article 52 requires that the competent authorities notify the right holder that his application
is accepted within a reasonable time.  Please exp lain within what period of time the competentIP/C/W/193
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authority responds to a request for suspension of release of goods and, if the application is accepted,
the length of time during which enforcement action will be taken.
This portion will be regulated by Regulations to be made under the Copyright Act and the
Trade Marks Act.
52. Article 53.1 requires that the competent authorities have the authority to secure from an
applicant a security or equivalent assurance sufficient to protect a defendant and to prevent abuse.
Please verify that the competent authorities id entified above are empowered to require security or
equivalent assurance and provide citations to the prov isions of law or regulation that grant them that
authority.
This portion will be regulated by Regulations to be made under the Copyright Act and the
Trade Marks Act. See Clause 51 of the Copyright Bill, 2000, and Clause 74(3)(d) of the Trade Marks
Bill, 2000.
53. Article 53.2 provides that the owner, importer, or consignee of goods involving industrial
designs, patents, layout-designs or undisclosed information that have been suspended by customs
authorities should be able, in certain circumstances, to have such goods released on payment of
security sufficient to protect the right holder from infringement.  Please identify what forms of
intellectual property, if any, are subject to provisions of Article 53.2 and cite to the relevant
provisions of law or regulations.
This portion will be regulated by Regulations made under the relevant legislation.
54. Article 54 requires that the importer and the applicant be notified promptly of the suspension
or release of goods.  Please identify the authority/authorities responsible for notifying the importerand applicant and cite to the law or regulations spelling out the procedure.
The competent authority is the Comptroller of Customs.  The procedure involved will be
provided for in Regulations made under the relevant legislations.
55. Please specify the period within which the competent authority to issue a notice that the
release of goods has been suspended.
See Clause 51(1) of the Copyright Bill, 2000, and Clause 74(1)(b) of the Trade Marks Bill,
Regulations made under the relevant legislations.
56. Article 55 makes it clear that the right holder applying for suspension of infringing goods
must initiate a proceeding on the merits in an appropriate forum within a reasonable period of time
or the goods will be released.  Please identify the fora in which an applicant/party may initiate
proceedings on the merits that will allow customs authorities to hold the goods beyond ten working
days.
This portion will be regulated by Regulations made under the Copyright Act and Trade Marks
Act.
57. Article 55 provides that a review is to take place within a reasonable time at the request of
the defending party to determine if the suspension measures should be modified, revoked, orconfirmed pending the outcome of the proceeding on the merits.  Please identify the forum that
authorized to conduct such a review and describe the procedure.  Please cite the law or regulations
providing for these procedures.
See the answers to questions 56 and 35 above.IP/C/W/193
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58. Article 56 requires that the authorities be able to require the applicant to compensate the
defending party for any injury caused if the detention of goods was unfounded. Please identify the
authorities that can order the applicant to pay the importer, consignee or owner compensation for
injury caused by wrongful detention or through the detention pursuant to Article 55 and cite to thelaw or regulations providing that authority.
See the answers to questions 56 and 35 above.
59.  Article 57 requires that the competent authorities be able to authorize the right holder to
inspect the detained goods in order to substantiate  the claims. Please explain how right holders are
provided an opportunity to inspect suspect goods that have been detained by customs authorities.
See the answer to question 56 above.
60.  Article 57 also requires that, where the decision on the merits favours the right holder, the
competent authorities also may be given authority to give right holder information regarding theimporter, consignee or consignor.  If competent authorities in Belize can provide information
regarding the importer, consignee or consignor to the right holder, please explain how information
regarding names and addresses of consignors, importers and consignees and quantities of goods are
provided to the applicant after a positive decision of infringement is made, e.g., authorities
automatically providing information or by submissi on of a written request from the right holder, etc.
Please cite to the law or regulations providing such authority.
See the answer to question 56 above
61. Article 58 specifies procedures to be followed where the competent authorities can act ex
officlo.  Please explain whether the competent authorities in Belize are empowered to act ex officlo
and, if so, please identify the intellectual property areas subject to ex officio action.
See the answer to question 56 above.
62. Article 59 identifies the remedies that are to be available, including destruction or disposal of
infringing goods outside the stream of commerce.  Please explain what the law in Belize permitsregarding the disposition of infringing goods, i.e. , does the law allow for destruction, disposal or
both. Please cite to the law or regulations providing such authority.
See the answer to question 42 above.
63. Please identify (1) the competent  authority that decides the disposition of the goods, i.e.,
whether the goods will be destroyed or disposed of outside the stream of commerce, and (2) the
competent authority that carries out the destruction or disposal of the goods.
The competent authority that decides the disposition of infringing goods is the Supreme
Court. The destruction or disposal of goods as a result of a court order is usually done by court
officials.
64. Article 60 permits Members to exclude from the provisions for border enforcement small
quantities of goods of a non-commercial nature carried by passengers or sent in small consignments.Please describe what constitutes a de minimls import  that is excluded from the border measures under
the law of Belize.
See Clause 51(3) of the Copyright Bill, 2000 and Clause 74(2).IP/C/W/193
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65.  Article 61 of the TRIPS Agreement requires that Members have criminal procedures and
penalties, including-imprisonment and/or monetary fines sufficient to act as a deterrent, at least for
cases of wilful trademark counterfeiting and copyright infringement on a commercial scale. Please
describe the provisions of the law of Belize that fulfil that obligation and provide legal citations.
See Clause 52 and 121 of the Copyright Bill, 2000 and Clause 75 to 81 of the Trade Marks
Bill, 2000.
66. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has
been the commission of the offence.  Please explain the provisions in the laws of Belize that provide
for such remedies, and describe the circumstances in  which those remedies would be imposed.  Please
provide legal citations.
See the answer to question 42 above.
67. Article 61 also indicates that Members may provide for criminal procedures and penalties in
cases of wilful infringement of other forms of intellectual property.  Please describe any provisions of
the laws of Belize that provide for such procedures and remedies.  Please provide legal citations.
The provisions of the laws of Belize providing for criminal procedures and penalties in cases
of wilful infringement of other forms of intellectual property are as follows:
(a) Industrial Designs Bill, 2000 - Clause 24(5)(b) Patents Bill, 2000 - Clause 64
(c) Protection of Layout Designs (Topographies) Bill, 2000 - Clause 25
(d) Protection of New Plant Varieties Bill, 2000 – Clause 45
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