WORLD TRADE
ORGANIZATIONIP/C/W/301/Add. 1
20 June 2002
(02-3422)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Responses from Grenada to questions posed by Canada, the European Communities and their member
States, Japan and the United States
Addendum
By means of two communications from the Mission of Grenada to the World Trade
Organization, dated 13 and 18 June 2002, the Secretariat has received the following responses to
questions posed by Canada, the European Communities and their member States, Japan and theUnited States
1, as circulated in documents IP/C/W/245, 244, 238 and 240, respectively.
_______________
I. INTRODUCTION
Grenada is a Constitutional Monarchy with a Parliamentary system based on the British
Model.  The Judicial System is based on English Common Law.  There are three local levels of
judiciary courts and the Eastern Caribbean Court of Appeal.  The enforcement of all rights is provided
through legislation and common law.
The administration of Intellectual Property laws in Grenada is under the responsibility of the
Ministry of Legal Affairs.
With regard to the enforcement of intellectual property rights, as these rights are private
rights, the burden is on the right holder to enforce such rights.
Grenada has recently, with the assistance of WIPO, drafted new Intellectual Property
legislation, which would ensure that the areas addressed are TRIPS compliant.  The draft legislation is
referred to as our Industrial Property Act.  This Act addresses Patents, Industrial Designs, Marks,
Collective Marks and Trade Names.  We anticipate that this legislation can be finalized and
implemented by the end of the third quarter of this year.
Within the next two months, we are also expected to draft new legislation to address the area
of Copyrights, to be implemented by the end of 2002.
                                                     
1 The introduction and the responses to questions 3-6, 8, 9 and 13 posed by the United States contained
in this document supersede the introduction and the responses to the same questions contained in documentIP/C/W/301.IP/C/W/301/Add. 1
Page 2
CANADA
1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS
Agreement) have been implemented.
With regard to the enforcement obligations of Articles 41-61 of the TRIPS Agreement, the
draft legislation in Grenada states the following:
The performance of any of the acts in Grenada by a person other than the owner of the title of
protection, and without the agreement of the latter, constitutes an infringement.
On the request of the owner of the title of protection, or of a licensee if the licensee has
requested the owner to institute court proceedings for specific relief and the owner has refused or
failed to do so, the court may grant an injunction to prevent infringement, an imminent infringement,
or an unlawful act, and may award damages and gr ant any other remedy provided for in the general
law.
Any decision taken by the Registrar under this Act, in particular the grant of a patent or the
registration of an industrial design or of a mark or collective mark, or the refusal of an application for
such a grant or registration, may be the subject of an appeal by any interested party before the […..]
Court and such appeal must be filed within [2] months of the date of the decision.
With regard the production of confidential information, section 50(5) states:
"In requiring the production of evidence, the court before which the proceedings referred to in
subsection (4) take place must take into account the legitimate interests of the alleged
infringer in not disclosing manufacturing and business secrets".
Section 50(2) states:
"On the request of the owner of the title of protection, or of a licensee if the licensee has
requested the owner to institute court proceedings  for specific relief and the owner has refused
or failed to do so, the court may grant an injunction to prevent infringement, an imminent
infringement, or an unlawful act referred to in section [41](2), and may award damages and
grant any other remedy provided for in the general law".
Section 50(3) of the draft legislation states:
"Any person who knowingly performs an act whic h constitutes an infringement as defined in
subsection (1) or an unlawful act as defined in section [41](2) commits an offence and is
liable on summary conviction to a fine of $___ and to imprisonment for ___ years".
There is no provision in the draft for the indemnification of a defendant by a Judge in the
event of abuse by the defendant.
There is no provision in the draft to authorize the release of counterfeit goods by the customs
authorities.
There are no procedures available in the draft to suspend the exporting of counterfeit goods.There is no provision authorizing anyone to destruct or dispose of infringing goods.IP/C/W/301/Add. 1
Page 3
There are provisions for imprisonment and the imposition of a fine, as shown the sum for the
fine has not been determined as yet.  The figure determined would ensure that it’s a deterrent from
infringement.
There is no provision in the draft legislation for seizure, forfeiture and destruction of
infringing goods, but in accordance with section 46 of the Copyright Act, detention and seizure
authority is given to the Police officers.
2. What protection does your Copyright legislation afford to "foreign works"?
The Copyright legislation in its present form does not address the protection of "foreign
works".
EUROPEAN COMMUNITIES AND THEIR MEMBER STATES
A. GENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health
and nutrition, and to promote the public interest in sectors of vital importance to your socio-
economic and technological development as mentioned under Article 8 of the TRIPS
Agreement.  If yes, please explain how such measures are consistent with the provisions of the
TRIPS Agreement.
In accordance with section 14 of the draft legislation, the Government or an authorized person
is allowed to exploit a patent if the public interest, in particular, national security, nutrition, health or
development of other vital sectors of the national economy, so requires.
B. COPYRIGHT 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 B erne Convention (1971).
The Copyright law of Grenada does comply with Article 9 of the TRIPS Agreement, by
making provisions for all the areas covered in articles 1 through 21 of the 1971 Berne Convention.
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
Within Grenada’s legislation, computer software is to be considered literary work.  This gives
the right holder the exclusive right to do, or authorize other persons to do, in Grenada or on any ship
or aircraft registered in Grenada; adaptation, reproduction in any material form, publication,
communication by cable, or the distribution of copies.
4. Please state whether your legislation provides for a rental right and, if so, the works to
which it applies.
Distribution is defined under the legislation as distribution to the public for commercial
purposes, of copies of a work or production by way of  rental, lease, hire, loan or similar arrangement.
It applies to literary or musical work, sound recording and audio-visual production.IP/C/W/301/Add. 1
Page 4
5. Please describe the rights granted to performers, producers of phonograms (sound
recordings) and broadcasting organizations under your legislation.
The Performers, producers of phonograms and br oadcasting organizations are provided for
under Part III of the copyright legislation, dealing with Neighbouring Rights.
These right holders have the exclusive rights to do, or to authorize other persons to do, in
relation to the production or a substantial part thereof, in Grenada or any ship or aircraft registered in
Grenada the following:
In the case of sound recordings, reproducing or distributing copies of it;
In the case of an audio-visual production:
- making a copy of it;- distributing copies of it;- causing it to be publicly performed;- broadcasting it;  or
- communicating it by cable.
In the case of a broadcast:
- being a television broadcast in so far as it consists of visual images, making an audio-
visual production of it or a copy of such production;
- being a sound broadcast or a television broadcast in so far as it consist of sounds
making a sound recording of it or a record embodying such a recording;
- being either a television broadcast or a sound broadcast, re-broadcasting it or
communicating it by cable.
6. Please state whether your legislation provides for any limitation or exception in relation
to each of the rights described above in acco rdance with the relevant provisions of the Berne
and Rome Conventions and in light of Articles 13 and 14.6 of the TRIPS Agreement.
Section 34 of the copyright legislation provides for exceptions.
The following acts do not constitute an infringement of copyright or neighbouring rights:
- fair dealing with a protected work, production, performance or edition for purposes of
research or private study:
- fair dealing for purposes of criticism or review, whether of that or any other work,
production, performance or edition, and accompanied by a sufficientacknowledgement;
- fair dealing for the purpose of reporting current events;IP/C/W/301/Add. 1
Page 5
- recording, reproducing, or making a copy of a protected work, production,
performance or edition, for the purpose of judicial proceedings or report of a judicialproceeding;
- recording, reproducing, making a copy of  or publishing a protected work, production,
performance or edition by order of either House of Parliament for the exclusive use of
the members of the House;
- reading or reciting in public any reasonable extract from a published literary work,
accompanied by a sufficient acknowledgement;
- publication intended for the use of educational institutions, so described in the title
and any advertisement issued by or on behalf of the publisher;
- the reproduction by a teacher or pupil in the course of instruction;  and
- the performance, in the course of the activities of a school or other educational
institution.
7. Please state the terms of protection of ea ch right described above and the work or
subject matter to which it applies.
Copyright subsists in literary works, musical works and artistic works.  This protection subsist
in any protected work:
(a) of which the author was a citizen of Grenada or domicile here, when the work was
made or, if the making of the work extended over a period, was a citizen or domicile
for a substantial part of that period;
(b) in the case of a published work:
- if the first publication took place in Grenada;  or
- if the author was a citizen of Grenada or domicile here when the work was
first published;
- if the author had died before publication but was a citizen immediately before
his death.
(c) in the case of an artistic which is a buildin g or is incorporated in a building, if the
building is erected in Grenada.
Neighbouring rights subsist in sound recordings, audio-visual productions and broadcasting.
The rights in this area subsist in every production:
(a) in the case of a sound recording or audio-visual production; if the maker thereof was
a citizen of Grenada or domicile here for the whole or a substantial part of the period
during which the sound recording or audio-visual production was made.  If the soundrecording or audio-visual production has been published, and the first publication
took place in Grenada.IP/C/W/301/Add. 1
Page 6
(b) in the case of broadcast, if the broadcast is made by a broadcasting organization in
possession of a valid licence granted to it by or under the law regulating wireless
telegraphy in force in Grenada.
8. Please state how your legislation grants the retroactive protection provided pursuant to
Article 18 of the Berne Convention (the obligatio n of which derives from Article 9 of the TRIPS
Agreement) and Article 14.6 of the TRIPS Agreement.
Section 65 of the copyright legislation st ates that where immediately prior to the
commencement of this Act copyright subsist in Grenad a by virtue of an earlier Act, such copyright
shall continue to subsist.
C. TRADEMARKS
9. Please give the definition of a sign under your national legislation and explain under
what conditions it is protectable.
Section 24 of the Draft Industrial Property Legislation, mentioned in out introductory
remarks, defines a mark as, any visible sign capable of distinguishing the goods ("trademark") or
services ("service mark") of an enterprise.
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 containers are protectable.
Yes, services are protectable under the draft legislation.  Also trade names that is defined as
the name or designation identifying and distinguishing and enterprise.
11. Please explain what the requirements of use a re, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of aregistration in that respect.
 The mark must be capable of distinguishing the goods or services of one enterprise from
those of other enterprises. It must not be likely of misleading the public or trade circles.  If identical
with, or is an imitation of or contains as an elem ent, an armorial bearing, flag or other emblem, a
name or abbreviation or initials of the name of, or official sign or hallmark adopted by, any State,
Intergovernmental Organization or Organization created by an international convention, will not be
registered unless authorized by the competent authority of the State or Organization.  If after its
registration, the mark has not been used by the registered owner or a licensee during a continuous
period of three (3) years or longer, the Court may by Order, on request, remove the mark from the
register.
12. Please confirm whether or not your legislation permits that the registration of
trademarks be indefinitely renewable.
Section 36 of the draft legislation permits the registration of trademarks to be indefinitely
renewable.
13. Please describe the special requirements, if any, prescribed by your legislation
concerning the use of a trademark.
The draft legislation states that a mark must be in continuous use, if not in use during a
continuous period of three years an interested person may request the Court to order the removal of
the mark from the register.IP/C/W/301/Add. 1
Page 7
D. GEOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a
trademark application if it contains a geographical indication.
15. Please give the definition of a geographical indication in your legislation.
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.
17. Please describe 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.
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.
There is no legislation dealing with this area.
E. INDUSTRIAL DESIGNS
19. Please explain whether or not your legislat ion extends to the protection of designs
dictated essentially by technical or functional considerations.  Please explain how textile designs
are protected.
The draft legislation does not extend to the protection of designs dictated essentially by
technical or functional considerations. Textile designs are not provided for.
20. Please explain how your legislation protects right holders of a design against importing
of articles bearing embodied or copied design.
Section 21 of the draft legislation states that exploitation of a registered industrial design in
Grenada by persons other than the registered owner requires the agreement of the right holder.  The
exploitation of a registered industrial design under the Act means the making, selling, importation of
articles incorporating the industrial design.
21. Please state whether or not your legislation provides for the right to issue a compulsory
licence for industrial designs.
There is no provision for the issue of compulsory licence for industrial designs under the Act.
22. Please indicate for what period of time your legislation grants protection for industrial
designs.
Under the draft legislation, the registration of an industrial design is for a period of 5 years
from the filing date of the application for registration, renewable for two further consecutive periodsof 5 years.
F. P
ATENTS
23. Please describe how your legislation defines the notions of novelty, inventiveness and
industrial application.IP/C/W/301/Add. 1
Page 8
Section 3(2)(a) of our draft legislation states "for the purposes of this Act, "invention" means
an idea of an inventor which permits in practice the solution to a specific problem in the field of
technology".  It also states that an invention may be, or may relate to, a product or a process.
24. Please explain whether or not in your legislatio n, patent or otherwise, patent rights are
enjoyed without any exclusions.  If exclusions a re provided for, please describe in detail how
these exclusions are applied in legal as well as practical terms.
Section 12(4)(a) of the draft legislation states that rights under the patent do not extend to:
(i) acts in respect of articles which have been put on the market in Grenada by
the owner of the patent or with the owner’s consent;
(ii) to the use of articles on aircraft, land vehicles or vessels of other countries
which temporarily or accidentally enter air space, territory or waters of
Grenada;
(iii) acts done only for experimental purposes relating to a patented invention;
(iv) acts performed by any person who in good faith, before the filing or, where
priority is claimed, the priority date of the application on which the patent is
granted, was using the invention or was making effective and serious
preparations for such use in Grenada.
25. Please explain whether your legislation prov ides 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.
Section 4(5) states "Inventions the commercial  exploitation of which would be contrary to
public order or morality are not patentable".
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.
Section 3(3)(c) of the draft legislation excludes from patentability diagnostic, therapeutic and
surgical methods for the treatment of humans or animals, and products for use in any of those
methods.
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 your
legislation and explain its formulation.
There is no provision in the present draft for addressing the protection of plants, animals and
essentially biological processes.
28. Please describe how micro-organisms, non-essentially biological processes,
microbiological processes and plant varieties are prot ected in your legislation.  Please explain, in
this respect, the relevant sections of your legislation.
[No response received]
29. Please explain how your legislation protects  patent right holders against the importing
and against the offering for sale of a patented invention.IP/C/W/301/Add. 1
Page 9
Section 12 of the draft legislation states that the exploitation of a patented invention requires
the agreement of the right holder.  Exploitation therein means the making, importing, offering for sale,
selling or using the product, stocking the product for the purposes of offering for sale, selling or using
it.
30. Please state if your legislation provides for patent product protection of pharmaceutical
and agricultural chemical products.  In the a ffirmative, please indicate the legal reference.
There is no provision in the draft for patent product protection of pharmaceutical and
agricultural chemical 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.
Yes, in accordance with section 12(2) of the draft legislation, the exploitation of patent
granted in respect of a process or a product obtained directly by means of the process, requires the
agreement of the right holder.
32. Please explain the additional conditions, if any, in your legislation other than the
sufficient disclosure of the invention in Article 29 of the TRIPS Agreement ( e.g. submission of
justification for access to genetic material or prio r inform consent to its use).  If such additional
conditions exist, please point out the relevant legislations and describe the additional conditionsin detail.
There are no such additional conditions in the draft legislation other than the sufficient
disclosure of the invention.
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.
Section 14 of the draft legislation states that in the public interest, in particular national
security, nutrition, health or the development of vital sectors of the national economy, the Ministerhas determined that the manner of exploitation by the owner of the patent or a licensee is anti-
competitive, he/she may remedy such practice.  The minister may decide that, even without the
agreement of the owner of the patent, a Government agency or a third person designated by the
Minister may exploit the invention.
34. Please explain whether or not your legislatio n provides for compulsory licensing. If so,
please explain in detail the conditions under which a compulsory licence may be granted.  Inparticular, please explain how your national le gislation considers individual merits in the
authorization of such use.
If the public interest (in particular, national security, nutrition, health or the development of
other vital sectors of the national economy) so requires; or the relevant authority has determined thatthe manner of exploitation by the owner of the patent or a licensee is anti-competitive, and is satisfied
that the exploitation of the invention in accordance with this subsection would remedy such practice,
may decide that, even without the agreement of the owner of the patent, a Government agency or a
third person designated by the Minister may exploit the invention.
The exploitation of the invention is limited to the purpose for which it was authorized and is
subject to the payment to the ow ner of adequate remuneration, taking into account the economic value
of the Authority’s decision, and the need to correct anti-competitive practices.IP/C/W/301/Add. 1
Page 10
The Authority must only take a decision after hearing the owner of the patent and any
interested person who wishes to be heard.
35. Please explain how your legislation explicitly ensures that a proposed user has made
efforts to obtain authorization from the righ t 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 author ized predominantly for
the supply to the domestic market of the Member authorizing such use.
In accordance with section 14(8) of the draft legislation, "A request for the Minister’s
authorization must be accompanied by evidence that  the owner of the patent has received, from the
person seeking the authorization, a request for a contractual licence, but that that person has been
unable to obtain such a licence on reasonable commercial terms and conditions and within a
reasonable time".
There is no definition of "reasonable period of time".
In accordance with section 14(9) "The exploitation of the invention by the Government
agency or third person designated by the Minister must be predominantly for the supply of the market
in Grenada".
36. Please state if your legislation grants additi onal protection for innovations after the 20
years of patent protection has lapsed.
There is no provision in the draft legislation for additional protection for innovations after the
20 years of patent protection has lapsed.
37. Please explain how your legislation provide s for the enhanced patent protection of
patents or patent applications pending on 1st January 1995.
There is no provision in the draft legislation for patents pending on January 1st 1995.
38. Please explain how your legislation provides for the reversal of the burden of proof in
relation to process patents.
Section 50(4) states that for the purposes of proceedings, other than criminal proceedings, in
respect of the violation of the rights of the owner of a patent, if the subject matter of the patent is aprocess for obtaining a product, the burden of establishing that a product was not made by the process
is on the alleged infringer subject to the product being new, and a substantial likelihood exists that the
product was made by the process and the owner of the patent has been unable through reasonable
efforts to determine the process actually used.
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects Topographies.
40. Please explain what protection your national legislation grants to right holders against
the unlawful importation, sale or distribution for commercial purposes of topographiesincluding integrated circuits or other articles in which a topography is incorporated in
accordance with Article 36 of the TRIPS Agreement.IP/C/W/301/Add. 1
Page 11
41. Please explain how your legislation provide s 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 that it contains an unlawful topography.
42. Please state the term of protection granted by your legislation to topographies.
Presently there is no Legislation in this area.
H. UNDISCLOSED INFORMATION
43. Please explain whether or not your legislatio n grants a defined period of time for the
protection of undisclosed information. If so, please give the time span.
44. Please explain how your legislation defines "undisclosed information".
45. Please explain how your legislation de fines data submitted to governments or
governmental agencies.
Presently there is no Legislation in this area.
I. ENFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
The draft legislation states that the performance of any of the acts in Grenada by a person
other than the owner of the title of protection, and without the agreement of the latter, constitutes an
infringement.
On the request of the owner of the title of protection, or of a licensee if the licensee has
requested the owner to institute court proceedings for specific relief and the owner has refused or
failed to do so, the court may grant an injunction to prevent infringement, an imminent infringement,
or an unlawful act, and may award damages and gr ant any other remedy provided for in the general
law.
47. Please explain whether or not your legislat ion provides for a mechanism to appeal to
judicial bodies of final administrative decisions.
Any decision taken by the Registrar under this Act, in particular the grant of a patent or the
registration of an industrial design or of a mark or collective mark, or the refusal of an application forsuch a grant or registration, may be the subject of an appeal by any interested party before the […..]
Court and such appeal must be filed within [2] months of the date of the decision.
48. Please describe how your legislation authorizes judges to order production of evidence
by the opposing party.  Please give precise information on what measures are taken to ensurethe protection of confidential information.
With regard the production of confidential information, section 50(5) states:
"In requiring the production of evidence, the court before which the proceedings referred to in
subsection (4) take place, must take into account the legitimate interests of the alleged
infringer in not disclosing manufacturing and business secrets".IP/C/W/301/Add. 1
Page 12
49. Please quote provisions of your legislation that authorize judges to order a defendant to
desist from an infringement.
As mentioned, earlier section 50(2) states:
 "On the request of the owner of the title of protection, or of a licensee if the licensee has
requested the owner to institute court proceedings  for specific relief and the owner has refused
or failed to do so, the court may grant an injunction to prevent infringement, an imminent
infringement, or an unlawful act referred to in section [41](2), and may award damages and
grant any other remedy provided for in the general law".
50. Please quote what provisions of your legislation authorize judges to order the payment
to the right holder of adequate damages to compensate the injury he suffered.
Section 50(3) of the draft legislation states:
 "Any person who knowingly performs an act wh ich constitutes an infringement as defined in
subsection (1) or an unlawful act as defined in section [41](2) commits an offence and is
liable on summary conviction to a fine of $___ and to imprisonment for ___ years".
51. Please quote what provisions of your legislation authorize judges to order the payment
of the right holder's expenses by the infringer.
As stated in answer 50 above.
52. Please explain if and how judges have the au thority to order that infringing goods are
placed outside channels of commerce or destroyed.
There is no such provision in the draft legisla tion authorizing Judges to order that infringed
goods are placed outside channels of commerce or destroyed.
53. Please quote what provisions of your legislation authorize judges to indemnify a
defendant in the event of abuse by the plaintiff.
There is no provision in the draft for the indemnification of a defendant by a Judge in the
event of abuse by the defendant.
54. Please explain how your legislation implements Article 50 the TRIPS Agreement.
Personal rights must be initiated by the Right holder.
55. Please identify the competent authorities in  your jurisdiction who receive requests from
right holders for an application to suspend th e release of counterfeit goods by the customs
authorities.
There is no provision in the draft to authorize the release of counterfeit goods by the customs
authorities.
56. Please indicate whether or not procedures  are available to suspend the exporting of
counterfeit goods.
There are no procedures available in the draft to suspend the exporting of counterfeit goods.IP/C/W/301/Add. 1
Page 13
57. Please quote what provisions of your legisl ation authorize the competent authorities to
order the destruction or disposal of infringing goods.
There is no provision authorizing anyone to destruct or dispose of infringing goods.
58. Please indicate whether or not your legislation provides for a de minimis  imports
exception.
The draft legislation does not provide for a de minimis import exception.
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
As stated above, there are provisions for imprisonment and the imposition of a fine, as shown
the sum for the fine has not been determined as yet. The figure determined would ensure that it’s a
deterrent from infringement.
JAPAN
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of  the national treatment and most-favoured-
nation treatment under the Copyright and Neighbouring Rights Law, if any, as permitted inArticles 3 and 4 of the TRIPS Agreement.
Grenada’s copyright legislation in its present form does not address the issue of national
treatment and most-favoured-nation treatment, as stated in Articles 3 and 4 of the TRIPS Agreement.
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.
Existing intellectual property rights legislation of Grenada does not provide for national
treatment and most-favoured nation treatment to nationals of other WTO Members, but the draft
Industrial Property Act, makes provision for national treatment and most-favoured nation treatment
with respect to patents, industrial design s, marks, collective marks and trade names.
B. C OPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyrigh t law of Grenada complies with Article 9 of
the TRIPS Agreement requiring that Members co mply with all Articles 1 through 21 of the
Berne Convention (1971), except Article 6 bis, since Members do not have rights or obligations
relating to the latter Article under the TRIPs Agreement.
The Copyright law of Grenada does comply with Article 9 of the TRIPS Agreement, by
making provisions for all the areas covered in articles 1 through 21 of the 1971 Berne Convention,
except Article 6 bis.IP/C/W/301/Add. 1
Page 14
3. Please explain how the copyright law of Grenada protects computer programs as
literary works and complications of data as required by Article 10 of the TRIPS Agreement.
The present law does not address the subject of computer programmes, but section 6(2) of the
CARICOM Draft legislation which we ar e looking at, makes such provisions.
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs
and cinematographic works be available.  Please  cite to the corresponding provision of the
copyright law of Grenada.
There is no corresponding provision of Article 11 of the TRIPS Agreement in the Copyright
legislation of Grenada.
5. Please state the length and terms of protection the copyright law of Grenada provides
for a work other than a photographic work or a work of applied art and cite to the relevant
provision of law.
In accordance with section 8 of our copyright legislation, protection shall continue to subsist
until the end of the period of fifty years.  As stated  in section 6, in order to gain protection under this
Act, the author must be a citizen of Grenada or domicile here, when the work was made, or if the
making of the work extended over a period of time, was a citizen or domicile for a substantial part of
that period.  In the case of published work if the first publication took place in Grenada or the person
was a citizen or domicile in Grenada. In the case of artistic work that is a building or incorporated in abuilding, if the building is erected in Grenada.
6. Please describe the protection the copyright law of Grenada provides for performers,
and the term of the protection.
Under section 13 of the Act, protection is granted to every performance of a literary or
musical work by a performer who is a citizen of Grenada or domicile there; or if the performance
takes place on or after the date of commencement of the Act.  The rights subsisting in a protected
performance is the exclusive right to authorize any person to make recordings; broadcast
communication by cable; or to use a record of the performance for the purpose of given a publicperformance.  This is in relation to the performance or a substantial part thereof, in Grenada or on any
ship or aircraft registered in Grenada.
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to
enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms.
Article 14.2 requires that producers of phonograms are to have the right to authorize or
prohibit the commercial rental to the public of originals or copies of their phonograms.  Pleasedescribe how the copyright law of Grenada implements these obligations and indicate the term
of protection.
There is no provision in the copyright legislation for the protection of the producers of
phonograms.
C. T
RADEMARKS
8. Please describe the subject matter that can comprise a trademark under the trademark
law of Grenada.
In our draft legislation a "mark" is defined as "any visible sign capable of distinguishing the
goods ("trademark") or services ("service mark") of an enterprise" and a "collective mark" as "any
visible sign designated as such in the application for registration and capable of distinguishing theIP/C/W/301/Add. 1
Page 15
origin or any other common characteristic, including the quality, of goods or services of different
enterprises which use the sign under the control of the registered owner of the collective mark".
9. Please describe the procedure that must be followed to register a trademark in Grenada,
citing the relevant provisions of the law, and de scribe the rights that the owner of a registered
mark can exercise.
In accordance with Section 27 of the draft legislation an application for the registration of a
mark must be filed with the Registrar and accompanied by the prescribed application fee.  The
application must contain a request for registration of the mark, a reproduction of the mark and a list of
the goods or services for which registration of the mark is requested, listed under the applicable class
or classes of the International Classification.
The registered owner has the right to allow th e use of a registered mark and the right to
institute court proceedings against any person who infringes their rights.
10. Please provide the length and terms of pr otection that the trademark law of Grenada
provides for a trademark.
The registration of a mark is for a period of ten (10) years from the filing date of the
application for registration, and may upon request be renewed for consecutive periods of ten (10)
years by the payment of the prescribed renewal fee.
If after its registration, the mark has not been used by the registered owner or a licensee
during a continuous period of three (3) years or l onger, the Court may by order, on request, remove
the mark from the register.
D. G EOGRAPHICAL INDICATIONS
11. Please describe in detail how the laws of Grenada provide for the recognition and
protection of geographical indications required by Article 22.2 of the TRIPS Agreement, citing
to the relevant provisions of law or regulation, and provide examples of geographical
indications so protected.
12. Please describe in detail the manner in which the higher level of protection required for
wines and spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to therelevant provisions of law or regulation, and provide examples of geographical indications for
such products.
There is no legislation dealing with this area.
E. I
NDUSTRIAL DESIGNS
13. Please describe the procedure that must be followed to obtain protection for industrial
designs, citing to the provisions of the law of Grenada, and describe the nature of the protection
provided.
In accordance with section 19 of the draft legislation an application for the registration of an
industrial design must be filed with the Registrar and accompanied by the prescribed application fee.The application must contain a request for registra tion of the design, drawings, photographs or other
adequate graphic representations of the article embodying the industrial design, and an indication of
the kind of products for which the industrial design is to be used.IP/C/W/301/Add. 1
Page 16
A specimen of the article embodying the industrial design, if the industrial design is two-
dimensional may accompany the application. If the applicant is not the creator, a statement justifying
the applicant’s right to the registration of the industrial design must accompany the request.
The registered owner has the right to allow the exploitation (making, selling or importing of
articles incorporating the industrial design) of the industrial design in Grenada and the right to
institute court proceedings against any person who exploits the industrial design without their
agreement or who performs acts which make it likely that infringement will occur.
14. Please describe the procedure that must be followed to obtain protection for textile
designs and cite to the relevant provisions of law or regulation.
There is no provision for textile designs.
F. P ATENTS
15. Please describe in detail the way in which the patent law of Grenada implements
Article 27 of the TRIPS Agreement, indicating any exceptions provided for, and including
details regarding the protection for micro-organisms and non-biological and microbiological
processes and plant varieties.  Please cite to the relevant provisions of the law.
As stated in section 3 of the draft legislation, a "patent" is the title granted to protect an
invention.  An invention is an idea of the inventor  that permits in practice the solution to a specific
problem in the field of technology, and may relate to a product or process.  The patent would only be
granted if the invention is new, involves and inventive step, is capable of industrial application and
not anticipated by prior art.
Section 3(3) excludes from patentability:
- a discovery, scientific theory or mathematical method;
- a scheme, rule or method for performing a mental act, playing a game or doing
business;  and
- diagnostic, therapeutic and surgical methods for the treatment of humans or animals,
and products for use in any of those methods.
There is no provision in the present draft for addressing the protection of micro-organisms,
non-biological processes, microbiological processes and plant varieties.
16. Please describe in detail the rights provided patent holders under the patent law of
Grenada and cite to the relevant provisions of law.
The rights provided to patent holders are set out in section 12 of the draft legislation as
follows:
 "The exploitation of the patented invention in Grenada by persons other than the owner of
the patent require the agreement of the latter. For the purposes of this Act, "exploitation" of a
patented invention means any of the following:
(a) if the patent has been granted in respect of a product:
(i) making, importing, offering for sale, selling or using the product;IP/C/W/301/Add. 1
Page 17
(ii) stocking the product for the purposes of offering for sale, selling or using it;
(b)  if the patent has been granted in respect of a process:
(i) using the process;
(ii) doing any of the acts referred to in paragraph (a) in respect of a product
obtained directly by means of the process".
The owner of the patent has, in addition to any other rights, remedies or actions available, the
right, to institute court proceedings against any person who infringes the patent by performing,
without the owner’s agreement, any of the acts referred to above or who performs acts which make it
likely that infringement will occur.
The rights under the patent do not extend:
(i) to acts in respect of articles which have been put on the market in Grenada by
the owner of the patent or with the owner’s consent;
(ii) to the use of articles on aircraft, land vehicles or vessels of other countries
which temporarily or accidentally enter the airspace, territory or waters of
Grenada;
(iii) to acts done only for experimental purposes relating to a patented invention;
(iv) to acts performed by any person who in good faith, before the filing or, where
priority is claimed, the priority date of the application on which the patent is
granted, was using the invention or was making effective and serious
preparations for such use in Grenada.
The right of prior user referred to in paragraph (iv) above may be transferred or devolve
together with the enterprise or business, or with th at part of the enterprise or business, in which the
use or preparations for the use have been made.
17. Please describe in detail any provisions in the laws of Grenada permitting unauthorized
use of a patent, citing to the relevant provisions of law, and describe in detail the conditions
under which such use can occur.
In accordance with section 17 of the draft legislation if the public interest so requires, or the
competent authority has determined that the manner of exploitation by the owner of the patent or a
licensee is anti-competitive, and they are satisfied that the exploitation of the invention would remedy
such practice, they may decide that, even with out the agreement of the owner of the patent, a
government agency or a third person designated by the Minister may exploit the invention.
This exploitation of the invention is limited to the purpose for which it was authorized and is
subject to the payment to the ow ner of adequate remuneration, taking into account the economic value
of the authority’s decision. This decision is only taken after hearing the owner of the patent and any
interested person who wishes to be heard.
The exploitation of the invention by the Government agency or third person designated by the
authority must be predominantly for the supply of the market in Grenada.
The exploitation of an invention in the field of semi-conductor technology can only be
authorized for public non-commercial use or if a judicial or administrative body has determined thatIP/C/W/301/Add. 1
Page 18
the manner of exploitation of the patented invention, by the owner of the patent or the owner’s
licensee, is anti-competitive and if the authority is satisfied that the issuance of the non-voluntary
licence would remedy such practice.
18. What term of protection does the patent law of Grenada provide for patents?  Please
describe any provisions for extension of the term of protection and cite to the relevant
provisions of the law.
In accordance with section 13 of the draft, a patent expires twenty (20) years after the filing
date of the application for the patent.  The patent holder is required to pay an annual fee, if this is not
paid, giving a grace period of six (6) months, the patent lapses.
There is no provision for extension.
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
19. Please describe in detail the protection for layout-designs of integrated circuits provided
under the laws of Grenada, including the term of protection, and cite to the relevant provisions
of law.
Presently there is no legislation in this area.
H. U NDISCLOSED INFORMATION
20. Please describe in detail how the laws of Grenada provide for the protection of
undisclosed information as required by Article 39.2 of the TRIPS Agreement and providecitations to the relevant provisions of law.
21. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to
obtain marketing approval in  Grenada and cite to the relevant provisions of law.
22. Are other applicants for ma rketing approval for their own versions of a previously
approved pharmaceutical or agricultural chemical products permitted 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.
Presently there is no legislation in this area.
I. E
NFORCEMENT – G ENERAL OBLIGATIONS , CIVIL AND ADMINISTRATIVE PROCEDURES AND
REMEDIES AND PROVISIONAL MEASURES
23. Please describe in detail the manner in whic h the laws of Grenada provide for effective
action against infringement of intellectual prop erty rights as required by Article 41.1 of the
TRIPS Agreement.
The draft legislation states that the performance of any of the acts in Grenada by a person
other than the owner of the title of protection, and without the agreement of the latter, constitutes aninfringement.
On the request of the owner of the title of protection, or of a licensee if the licensee has
requested the owner to institute court proceedings for specific relief and the owner has refused or
failed to do so, the court may grant an injunction to prevent infringement, an imminent infringement,IP/C/W/301/Add. 1
Page 19
or an unlawful act, and may award damages and gr ant any other remedy provided for in the general
law.
24. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order
production of evidence necessary to substantiate a party’s claims where that party has beenunable to obtain such evidence from the opposi ng party.  Please describe how the laws or
regulations of Grenada provide this authorizatio n, citing to the relevant provisions of law or
regulation.
With regard the protection of confidential information, section 50(5) states:
"In requiring  the production of evidence, the court before which the proceedings referred to
in subsection (4) take place, must take into account the legitimate interests of the allegedinfringer in not disclosing manufacturing and business secrets".
25. Please describe in detail the all of the civi l remedies that are available to right holders
under the laws of Grenada, citing to the relevant provisions of law or regulation.
In accordance with section 50(1) and (2) a right holder has the right to initiate court
proceedings for specific relief of granting an injunction to prevent the infringement or an imminent
infringement.
26. Please describe in detail the provisional procedures and remedies available to right
holders under the laws of Grenada, citing to the relevant provisions of law and regulation, andindicate any condition under which a right holder may avail itself of those procedures and
remedies.
The legislation does not set out the procedures to be followed. The procedures may be based
on the Civil Procedure Act CAP. 55 of the 1990 Revised Laws of Grenada.
J. E
NFORCEMENT - SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
27. Please describe in detail the procedures under the laws of Grenada that provide for
border enforcement at least for trademark counte rfeiting and copyright piracy, identifying the
competent authority and citing to the re levant provisions of law or regulation.
28. Please indicate if border enforcement is available to owners of other forms of intellectual
property and, if so, please describe the procedures and remedies available in relation to each
form of intellectual property, citing the relevant provisions of law.
29. Article 58 of the TRIPS Agreement specifies procedures to be followed where the
competent authorities can act ex officio.  Plea se explain whether the competent authorities in
Grenada are empowered to act ex officio and, if  so, please identify the intellectual property
areas subject to ex officio action.
The draft legislation in its present form has no provision with regard to boarder measures.
K. E NFORCEMENT - CRIMINAL PROCEDURES
30. Please describe in detail how the laws of Grenada implement Article 61 of the TRIPS
Agreement that requires Members to have criminal procedures and penalties, including
imprisonment and/or monetary fines sufficient to act as a deterrent, at least for cases of willfultrademark counterfeiting and copyright infringement  on a commercial scale.  Please cite to the
relevant provisions of law and regulation.IP/C/W/301/Add. 1
Page 20
Section 50(3) of the draft legislation states:
 "Any person who knowingly performs an act wh ich constitutes an infringement as defined in
subsection (1) or an unlawful act as defined in section [41](2) commits an offence and is
liable on summary conviction to a fine of $___ and to imprisonment for ___ years".
The sum for the fine has not been determined as  yet. The figure determined would ensure that
it’s a deterrent from infringement.
31. Article 61 also requires that remedies in appr opriate 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 describe the provisions in the laws of
Grenada that provide for such remedies, and describe the circumstances in which those
remedies would be imposed, citing to the relevant provisions of law or regulations.
There is no provision in the draft legislation for seizure, forfeiture and destruction of
infringing goods, but in accordance with section 46 of the Copyright Act detention and seizure
authority is given to the police officers.
32. Article 61 also indicates that Members may provide for criminal procedures and
penalties in cases of willful infringement of other forms of intellectual property.  Please describe
any provisions of the laws of Grenada that provide for such procedures and remedies, citing to
the relevant provisions of law or regulation.
As indicated above, section 50(3) clearly provides for willful infringement.
L. S TATISTICAL QUESTIONS
33. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integr ated circuit layout-design, and trade secret
enforcement for 2000, including the number of cases filed; injunctions issued; infringing
products seized; infringing equipment seized; cases resolved (including settlement); and the
amount of damages awarded.
34. Please provide statistical information related  to criminal enforcement in the area of
copyright piracy and trademark infringeme nt for 2000, including the number of raids,
prosecutions, convictions, and the amount of fines and/or jail terms (including whether the fines
were paid and whether the jail term was actually served or was suspended) and any otherinformation establishing that the criminal syst em operates effectively to deter copyright piracy
and trademark counterfeiting.
With regard to questions 33 and 34, we do not have any statistical data.
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