WORLD TRADE
ORGANIZATIONIP/C/W/381
13 November 2002
(02-6273)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Responses from Guyana to questions posed by Canada, the European Communities and their member
States, Japan, Switzerland and the United States
By means of a communication from the Permanent Mission of Guyana, dated
9 September 2002, the Secretariat has received copies of the following responses to the questions
posed by Canada, the European Communities and their member States, Japan, Switzerland and theUnited States, as circulated in documents IP/C/W/245, 244, 238, 239, 240, respectively.
_______________
INTELLECTUAL PROPERTY RIGHTS REGIME OF GUYANA
An Introductory Note
Guyana became a member of the World Intellectual Property Organization (WIPO) on
25 October 1994, at the same time acceding to the Paris Convention for the Protection of IndustrialProperty and the Berne Convention for the Protection of Literary and Artistic Works.
Over the years, Guyana has made numerous attempts to upgrade its Intellectual Property (IP)
Legislation to meet its WTO Agreement on the Trade-Related Aspects of Intellectual Property Rights
(TRIPS) obligations.  In 1999, with technical assistance from WIPO, a draft Copyright Bill wasformulated.  The provisions of the Bill are consistent with the principal international agreements
affecting copyright, including the copyright section of the TRIPS Agreement.  In style and content,
the Bill is consistent with the pattern of the updated copyright laws of several CARICOM countries.
In 1999, a Commonwealth consultant was deputed at the request of the Government of
Guyana to provide technical assistance in the drafting of an Industrial Property Bill.  However, the
consultant did not complete the assignment.
The current IP legislation does not make provision for the establishment of an Intellectual
Property Office.  However, the Deeds Registry, wh ich falls under the administrative purview of the
Ministry of Legal Affairs, has direct responsibilities for the implementation of Guyana's IP
legislations.  It is the office responsible for the processing of applications as well as other
administrative works related to IP.
Currently Guyana is involved in activities related to the modernization of the Technical and
Administrative Infrastructure of the Deeds Registry.IP/C/W/381
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The Government of Guyana, with financing and technical support from the Multilateral
Investment Fund (MIF) of the Inter-American Development Bank (IDB), had initiated a Project in
2000 to strengthen the system of property rights.  The Goal of the Project is "the improvement of the
legal and administrative procedures for secured transactions in movable and immovable property and
the enhancement of both the physical security of records as well as the efficiency of record keepingsystems within the Deeds Registry."
The overall Project consists of three components, namely:Component 1 - Improvement of the Legal Framework - This component includes a review
of the current legal framework, including an analysis of various relevant laws under the Deeds
Registry Authority Act.
Component 2  - Institutional Strengthening of the Deeds Registry - This includes Support
activities to strengthen and improve the services provided by the Deeds Registry Offices in
Georgetown and New Amsterdam.
Component 3 - Project Management  - This component consists primarily of the conduct of
an initial baseline survey among Deeds Registry users.  A second (ex post facto) survey will be
carried out twelve months later, after the inte rvention under component 2, in order to evaluate
progress on both a quantitative and qualitative basis.  Also, as part of   Component 3, there will be
provision for the monitoring of architectural works as well as the installation of informationtechnology systems.
Co-operation With WIPO
Since Guyana became a signatory to WIPO, there has been an active co-operation program.
Guyana has so far benefited in the following fields:
• Guyana has received a number of missions from WIPO.  Some of the missions were consultations
whilst others were investigative missions, such as in the field of traditional knowledge and
biodiversity in 1999.
• With assistance from WIPO, the government of Guyana was able to convene public awareness
seminars.
• The Government of Guyana has participated in a number of intellectual properties related
seminars, organized by WIPO.
• Guyana is a beneficiary of the WIPOnet Project.
• Guyana has received assistance from WIPO in the drafting of legislation – Draft Copyright Bill
1999.
Plans are in train to seek future technical assistance from WIPO in the process of upgrading
Guyana's IP legislations to meet the obligations set out in the TRIPS Agreement.
Meanwhile, Guyana is also benefiting from a regional Project for the Implementation of
WTO Commitments in the Caribbean Community (CARICOM), with technical assistance from theInter-American Development Bank (IDB).  The Project will cover a preliminary study of Guyana'sIP/C/W/381
Page 3
existing IP legislations and an assessment of the Draft Copyright Bill 1999.  The recommendations
resulting from the study is awaited.
The Draft Copyright Bill 1999
The law on copyright currently in force in Guyana is substantially the Copyright Act 1956
(UK).
The dynamic technological developments in the world today have extended the categories of
work requiring copyright protection.  In recognition of the importance of having our domestic
legislation reflect the current international standards and securing compliance with numerous
International  Conventions and Agreements of which Guyana is a signatory, the Draft Copyright Bill
1999  was brought into being.  The  Draft Copyright Bill 1999 essentially complies with the
Agreement on Trade Related aspects of Intellect ual Property Rights (TRIPS Agreement) (1994).
The provisions of the Draft Copyright Bill 1999  regulate inter alia Copyright Rights, Moral
Rights and Related Rights, Ownership and Assignme nt of Rights, Infringements of Rights, Exceptions
to the Infringement of Copyright, Copyright Li censing, the Copyright Tribunal and Rights in
Performances.
Part II (Clauses 5 to 13) of the Bill sets out the categories of works protected by copyright, the
qualifications for protection and the nature and duration of the rights conferred under the Bill.  In
particular, it offers protection to original literary, dramatic, musical, artistic works, sound recordings,films, broad casts, cable programmes and typographical arrangements of published editions may
subsist as a property right irrespective of its quality or the purpose for which it was created.
Compilations of data or other material whether in machine readable or other form are also protected
under the Bill as a literary work providing that it is original by reason of the selection and
arrangement of contents the compilation constitutes the author's own intellectual creation.  To  invoke
the protection of the Bill the author must  have been qualified when the work was first made or
published.  The work qualifies for protection if it is first published in Guyana or a specified country.
Part III (Clauses 14 to 21) sets out the details of the moral and related rights of the author of
specified categories of works.
Part IV (Clauses 22 to 28) provisions dealing with the ownership and assignment of
copyright.
Part V (Clauses 29 to 50) specifies the acts which constitute infringements of copyright and
the remedies available to the copyright owner and an exclusive licensee in respect of such
infringements.
An infringement of a copyright occurs when any person without the licence of the copyright
owner does any of the acts that the copyright owner has the exclusive right to do viz., copy the work,
issue copies of the work to the public, perform the work in public or in the case of sound recording,
film, broadcast or cable programme, play or show the work in public, broadcast the work or include itin a cable programme service and make an adaptation of the work.
An infringement also takes place when a person without knowledge of the copyright owner
imports in Guyana for any purpose other than his private or domestic use an article which he knows or
has reason to believe is an infringing copy of the work.  Further, a person who possesses or makes inthe course of a business, sells or lets for hire, or offers or exposes  for sale  or hire, exhibits in public
or distributes in the course of a business, an article which he knows or has reason to believe is an
infringing copy of the  work or any article specifically designed or adapted for making copies of theIP/C/W/381
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work knowing or having reason to believe that it is to be used to make infringing copies can also find
himself sued by the copyright owner who can obtain wide ranging remedies against the offender
including damages, injunction, accounts or even an order that the infringing copy or article be
delivered to him.
Part VI (Clauses 51 to 86) contains the exceptions to copyright infringements.  These include
use of the protected work for research and private study, criticism and review, use for public
administration and use by educational establishments, libraries and archieves, subject to specified
conditions.
Part VII (Clauses 87 to 102) contains provisions dealing with the licensing of protected works
by licensing bodies, on behalf of copyright owne rs, and the referral to the Copyright Tribunal of
licensing schemes for the use of such works.
Part VIII (Clauses 103 to 106) deals with the establishment and jurisdiction of the Copyright
Tribunal and provides for the making of regulations governing its operation.
Part IX (Clauses 107 to 136) contains provisions which confer rights in performances, on a
performer and on a person who has an exclusive recording contract in relation to a performance.
Exceptions to these rights are specified and offences are created for dealing with illicit recordings.
Part X (Clauses 137 to 153) sets out general provisions.  These include provisions making
explicit the powers of the police as regards offences created under the Bill authorising the extension
of the Bill to nations of other countries, as well as the denial of such protection in certain
circumstances, and the making of regulations.
The Schedule contains provisions relating to the constitution and operation of the Copyright
Tribunal.
The Government of Guyana will continue to make the necessary efforts to meet its WTO
obligations.  However, these efforts are often hampered by the shortage of skilled and experienced
technical personnel in the field of IP and the acute shortage of financial resources.  There is an urgent
need for institutional strengthening and capacity building in the legal sector.
The Draft Copyright Bill is expected to be passed in Parliament in the near future and efforts
will be made to complete the drafting of Guyana's Industrial Property Bill.IP/C/W/381
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CANADA
1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS
Agreement) have been implemented.
No legislation has been enacted to comply with Articles 41-61 of the TRIPS Agreement.
The legislation that remains in force for the pr otection of Intellectual Property Rights are the
Patent and Designs Act  Cap 90:03 , the Trade Marks Act Cap 90:01  and the Copyright Act UK 1956,
While no legislation has been enacted to comply with the TRIPS Agreement as aforesaid, the
Patent  and Designs Act Cap 90:03, the Trade Marks Act Cap 90:01  and the Copyright Act UK 1956
do provide for the initiation of legal proceedings for infringement of patents, copyrights of designs
and trademarks.
The Sections of the provisions relative to initiating legal proceedings for infringement patents,
copyrights of designs and trademarks are as follows: -
(1) Patent and Designs Act Cap 90:03 , Sections 35-41 (Patents);  Sections 74-75
(Designs);
(2) Trade Marks Act Cap 90:01 , Sections 57-64;  and,
(3) Copyright Act M19L6
2. What protection does your Copyright legislation afford to "foreign works"?
There are two pieces of legislation that deal with copyright viz, the Copyrights Act UK 1956
and the Patent and Designs Act Cap 90:03 .  Copyright is defined by the latter Act as "the exclusive
right to apply a design to any article in any class in which the design is registered".
The term "foreign work" is not defined in the latter Act, however, the legislation does afford
protection to patents and designs registered in the United Kingdom.  The latter Act allows any person
being the grantee of the patent in the UK or any person deriving right from such grantee to apply
within three years from the date of the issue of the patent to have that patent registered in Guyana andthe registered proprietor of any design registered in the LJK, the enjoyment of privileges and rights as
though the design had registered in Guyana respectively.
The Copyright (British Guiana) Order 1966 extended the provisions of the Copyright Act UK
1956 with certain exceptions and modifications to form part of the law of the then British Guiana.The Order also extended three Orders in Council made under Part V of the Act viz, the Copyright
(International Conventions) Order 1964, The Copyri ght (International Organisations) Order 1957 and
the Copyright (Broadcasting Organisation) Order 1961.
The extension of these Orders affords protection in Guyana to works originating in countries
party to the International Copy right Conventions to works produced by certain international
organisations and to lawfully authorised broadcasts originating in other Commonwealth countries to
which the 1956 Act already extended.  The Copyright protection afforded to Guyana is similar to that
afforded in the UK.
(1) Patent and Designs Act Cap 90:03 , Sections 54-61 (Patents);  Sections 76-78
(Designs);IP/C/W/381
Page 6
(2) Trade Marks Act Cap 90: 0 1 , Sections 40-5 1;  and,
(3) Copyright Act UK (1956)
EUROPEAN COMMUNITIES AND THEIR MEMBER STATES
Legislation supplied for further reference: -- Copyright Act, 1956 (UK) Chapter 74;
- Patents and Designs Act Cap 90:03;
- Trademarks Act Cap 90:01;
- The Draft Copyright Bill 1999 .
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 sectors of vital importance to your socio-
economic and technological development as mentioned under Article 8 of the TRIPSAgreement.  If yes, please explain how such measures are consistent with the provisions of the
TRIPS Agreement.
No legislation available.
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 B erne Convention (1971)).
Section 6(1), Draft Copyright Bill.
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
Section 2(b), Draft Copyright Bill.
Computer generated work/computer programs mentioned.
Section 78;  rental of computer programs.
4. Please state whether your legislation provides for a rental right and, if so, the works to
which it applies.
Section 78(1);  rental of computer programs.
Section 46;  penalties for renting copyright work.IP/C/W/381
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Section 134;  criminal liability for renting copyrights.
5. Please describe the rights granted to performers, producers of phonograms (sound
recordings) and broadcasting organisations under your legislation.
See Part II Copyright Act 1956 (UK) Section 12-16.
Section 10-13 Draft Copyright Bill 1999.
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 51-67;  77-86;  115- 131;  Draft Copyright Bill.
Section 6-11 Copyright Act, 1956;  exce ptions to infringement of copyright.
7. Please state the terms of protection of ea ch right described above and the work or
subject matter to which it applies.
See as above;  Section 10-13 et seq.
8. Please state how your legislation grants the retroactive protection provided pursuant to
Article 18 of the Berne Convention (the obligation of which derives from Article 9 of the TRIPS
Agreement) and Article 14.6 of the TRIPS Agreement.
Not provided for.
C. TRADEMARKS
9. Please give the definition of a sign under your national legislation and explain under
what conditions it is protectable.
See Section 2;  6-8;  Trademarks Act Cap 90:01.
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.
Section 2;  Trademarks Act. Cap 90:01.
There is no legislation in relation to service.
With respect to use:  see Section 2, 28-31 Cap 90:01.
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 a
registration in that respect.
Section 2,3 28 Cap. 90:01.
12. Please confirm whether or not your legislation permits that the registration of
trademarks be indefinitely renewable.IP/C/W/381
Page 8
Section 22,50 Cap. 90:01;  renewal of registration.
13. Please describe the special requirements, if any, prescribed by your legislation
concerning the use of a trademark.
Section 28-33 Cap 90:01;  Use and Non-Use.
D. GEOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a
trademark application if it contains a geographical indication.
See rule 15-20;  trademark rules Cap. 90:01.
15. Please give the definition of a geographical indication in your legislation.
Ibid.
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.
No legislation available.
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.
No legislation available.
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.
No legislation available.
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.
Section 2 Patents and Designs Act Cap 90:03.
Part II Patents and Designs Act Cap. 90:03.
20. Please explain how your legislation protects right holders of a design against importing
of articles bearing embodied or copied design.
No legislation available.
21. Please state whether or not your legislation provides for the right to issue a compulsory
licence for industrial designs.
Section 62-66 Cap. 90:03.IP/C/W/381
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22. Please indicate for what period of time your legislation grants protection for industrial
designs.
Section 66 Cap. 90:03.
F. PATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and
industrial application.
Section 2;  Interpretation;  Cap 90:03.
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 14, 28-34;  Cap 90:03.
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.
No legislation available.
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 yourlegislation and explain its formulation.
No legislation available.
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.
No legislation available.
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.
Ibid.
29. Please explain how your legislation protects  patent right holders against the importing
and against the offering for sale of a patented invention.
Ibid.
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.
Section 44 Cap. 90:03;  chemical products/services.IP/C/W/381
Page 10
31. Please clarify if the patent protection of a process, as provided for in your legislation,
covers the product obtained directly by that process.
Ibid.
32. Please explain the additional conditions, if any, in your legislation other than the
sufficient disclosure of the invention in Articl e 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 conditions
in detail.
No legislation available.
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 33 Cap 90:03;  right of the State to use
Section 43;  avoidance of conditions attached to sale.
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.
Section 28 Cap 90:03 - compulsory licences and revocation.
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 yourlegislation ensures that the use of a compulsory  licence shall be author ised predominantly for
the supply to the domestic market of the Member authorizing such use.
Section 43;  Cap 90:03.
36. Please state if your legislation grants additi onal protection for innovations after the 20
years of patent protection has lapsed.
Section 21/22 Cap 90:03;  te rm of/extension of patent.
37. Please explain how your legislation provide s for the enhanced patent protection of
patents or patent applications pending on 1
st January 1995.
No legislation available.
38. Please explain how your legislation provides for the reversal of the burden of proof in
relation to process patents.
No legislation available.IP/C/W/381
Page 11
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects Topographies.
Ibid.
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.
Ibid.
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 reasonablegrounds to know when acquiring an integrated circuit or an article incorporating such an
integrated circuit that it contains an unlawful topography.
Ibid.
42. Please state the term of protection granted by your legislation to topographies.
Ibid.
H. U
NDISCLOSED 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.
Ibid.
44. Please explain how your legislation defines "undisclosed information".
Ibid.
45. Please explain how your legislation de fines data submitted to governments or
governmental agencies.
Ibid.
I. ENFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
Section 17-22 Copyright Act 1956;  remedies for infringement.
Part V – Draft Bill.
47. Please explain whether or not your legislation provides for a mechanism to appeal to
judicial bodies of final administrative decisions.
Part VIII – sec. 103/106 Draft Bill;  the Copyright Tribunal.IP/C/W/381
Page 12
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 ensure
the protection of confidential information.
Section 133/135;  Draft Bill;  order for delivery up.
49. Please quote provisions of your legislation that authorize judges to order a defendant to
desist from an infringement.
No legislation available.
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 111 Draft Bill;  remedy in damages.
51. Please quote what provisions of your legislation authorize judges to order the payment
of the right holder's expenses by the infringer.
No legislation available.
52. Please explain if and how judges have the au thority to order that infringing goods are
placed outside channels of commerce or destroyed.
Section 141 Draft Bill;  order for search and seizure.
53. Please quote what provisions of your legislation authorize judges to indemnify a
defendant in the event of abuse by the plaintiff.
No legislation available.
54. Please explain how your legislation implements Article 50 the TRIPS Agreement.
Section 141;  137-144;  Dr aft Bill-Order for disposal.
55. Please identify the competent authorities in  your jurisdiction who receive requests from
right holders for an application to suspend the release of counterfeit goods by the customs
authorities.
No information available.
56. Please indicate whether or not procedures  are available to suspend the exporting of
counterfeit goods.
Ibid.
57. Please quote what provisions of your legisl ation authorize the competent authorities to
order the destruction or disposal of infringing goods.
Section 137;  Draft Bill.IP/C/W/381
Page 13
58. Please indicate whether or not your legislation provides for a de minimis  imports
exception.
Section 50;  Draft Bill, restricting importation.
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
Section 43-46;  133-135;  Draft Bill;  criminal liability and penalties.
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 in
Articles 3 and 4 of the TRIPS Agreement.
Section 144;  Draft Bill.
- Power to apply provisions of the Act to other country.
- Exceptions and modifications may be specified in an order.
SWITZERLAND
A. PATENTS
1. In your law, are patents available for all categories of products?  In particular, are all
pharmaceutical products patentable?  Are there any exceptions?  If so please explain in detail
what these exceptions are and how they comply  with Article 27 of the TRIPS Agreement.
A patent is defined in Section 2  of the Patent and Designs Act Cap 90:03  as "letters patent for
an invention".  An invention is defined by the same section as " any manner of new manufacture the
subject of letters patent and the grant of privilege within paragraph 5 of the Schedule to the Civil law
of Guyana Act and includes an alleged invention".  Prima facie patents are available for all categories
of products providing they satisfy the definition in Section 2  and fulfill the requirements of Sections 3
and 4 of the Patent and Designs' Act Cap 90:03 .
Pharmaceutical products are patentable but are subject to Sections 44 of the said Act.
2. Does your law, in accordance with Article 27 .1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working a patent" (and therefore preclude
compulsory licensing, if a product is being imported)?
The Act affords protection to works originating in countries parties to the international
Copyright Conventions to works produced by certain  international organisations.  The Act also allows
registration of United Kingdom patents.  See Sections 54-61 of the Act.IP/C/W/381
Page 14
The legislation does not appear to limit the granting of compulsory licences to products being
imported unless the products being imported if they are made by persons other than the patentee and
would constitute an infringement of the patent.  Indeed the terms of the licence settled by the
Registrar are framed to preclude such importation.  Compulsory licensees are expressly prohibited
from importing goods into Guyana which if made by persons other than the patentee or those claimingunder him would be an infringement of the patent.  Section 28(c) specifically states that "in such a
case the patentee and all licensees under the patent shall be deemed to have mutually covenanted
against such importation".
3. Does vour law make compulsory licences s ubject to all the conditions enumerated in
Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
The patent law in Guyana has not been amended to reflect the provisions in Article 31 of the
TRIPS Agreement.  See Sections 28, 29 and 30  of the Act.
Compulsory licences are primarily licences given to persons after the patentee causes the
words "licences of right" to be indorsed on his patent after obtaining letters of patent.
The Applicant may apply for a licence of the patent on terms that are settled by the Registrar.
In so doing the Registrar endeavors to secure inter alia:-
- the widest possible user of the invention in Guyana consistent with the patentee
deriving a reasonable advantage from his patent rights;  the maximum advantageconsistent with the invention worked by the licencee at a reasonable profit in Guyana;
- equality of advantage among the several licensees;- preclude the licencee from importing into Guyana any goods the importation of
which. if made by persons other than the patentee would be an infringement of the
patent.
See Section 28.
4. Does your legislation provide for the principle of reversal of burden of proof in process
patent litigation?  Please cite the relevant provisions of law.
No.  The provisions dealing with legal proceedings are set out in Sections 35-41  of the Act.
B. P
ROTECTION OF UNDISCLOSED INFORMATION
5. Please explain in detail if your legislation ensures that undisclosed and  confidential test
data or other data submitted by an applicant to the  responsible State Agency in the procedure
for market authorisation of  a pharmaceutical or of an agricultural product chemical product is
protected against disclosure and against unfair commercial use by a  competitor, for example by
prohibiting a second applicant from  relying on, or from referring to the original data of the first
applicant,  when applying subsequently for market authorisation for his own  product.  Does
your legislation provide exceptions to this?  If yes,  under what conditions would such exceptions
apply?  Does your  legislation provide for a defined period of protection for undisclosed
information/for such test date of the first applicant?
An invention may during the period between the date of an application for a patent therefor
and the date of sealing a patent on that application, be used and published without prejudice to thatIP/C/W/381
Page 15
patent such protection from the consequences of us and publication is referred to a provisional
protection.  See Section 6.
UNITED STATES
The following is a list of the applicable legislation in Guyana –
- Trademarks Act Chapter 90:01
- Patents and Designs Act Chapter 90:03
- Copyrights Act, 1956 Chapter 74
- The Copyrights (British Guiana) Order 1966 – 1966 No. 79
- (The Proposed) Copyright Bill 1999
A. GENERAL
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.
There are no clear provisions relating to national treatment and most favoured-nation
treatment however provision is made for registered proprietors in the United Kingdom to enjoy like
rights as though their designs were registered in Guyana and rights and use of a trademark.  Please
refer to sections 76 of Cap 90:03, s. 43 of Cap 90:01 and s. 35 of the 1956 Act.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain how the copyright law of Guyana protects computer programs as literary
works  and complications of data as required by Article 10 of the TRIPS Agreement.
Currently, the Copyrights Act 1956 regulate copyright in Guyana.  However, there is a
proposed Copyrights Bill 1999.  While the 1956 Act makes no provision for the protection of
computer programs as literary works and compilation of data, it is proposed in the 1999 Bill.  Pleaserefer to the definition of literary work in Section 2.  In addition please see Sections  6(1), (2), 46 and
78 of the same Bill.
3. 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 thecopyright law of Guyana.
In the 1956 Act please refer to Section 12(5), (7), (10) and 13 as it relates to rental.  In the
1999 Bill please refer to Section 78.
4. Please state the length and terms of protection the copyright law of Guyana provides
for a work other than a photographic work or a work of applied art and cite to the relevant
provision of law.IP/C/W/381
Page 16
Copyright shall subsist until the end of the period of fifty years from the end of the calendar
year in which it was first published with respect to soung recordings, cinematography, television
broadcasts, sound broadcasts and literary, dramatic and musical works and twenty-five years with
respect to published editions of works.  Please refer to the following sections in the 1956 Act with
respect to terms of protection of copyright in Sections 5, 6, 7, 8:–
- Sound recordings – Section 12- Cinematography – Section 13- Television Broadcasts – Section 14
- Sound Broadcasts – Section 14
- Published editions – Section 15- Literary, dramatic and musical works –  Section 2In the 1999 Bill please refer to Sections 5 – 13.
5. Please describe the protection the copyright law of Guyana provides for performers, and
the term of the protection.
In the 1956 Act, with respect to protection of performers, please refer to Sections 5, 6, and
7(6). Section 48(1) and (5) explains the meaning of performance.  In addition please refer to the
response in question 4.
6. 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.  Please
describe how the copyright law of Guyana implements these obligations and indicate the term of
protection.
Please refer to Section 12 of the 1956 Act as it relates to copyrights in sound recordings and
Sections 11 and 12 of the 1999 Bill.
The right to authorize or prohibit reproductions or commercial rental is implied.  Please refer
to Sections 15, 16, 19 20, 32, 33 and Part IV.
C. T
RADEMARKS
7. Please describe the subject matter that can comprise a trademark under the trademark
law of Guyana.
Please refer to Section 2(1) of the Trademarks Act Cap 90:01, in particular note the definition
of "Trademark" and "mark".  In addition refer to the third schedule of that Act.
8. Please describe the procedure that must be followed to register a trademark in Guyana,
citing the relevant provisions of the law, and de scribe the rights that the owner of a registered
mark can exercise.IP/C/W/381
Page 17
The procedure for registering a trademark can be found in Sections 19-21 of Cap 90:01.
Section 23 thereof refers to the registration of parts of trademarks and of trademarks as a series.  Also
refer to rules 21-60 of the trademarks rules found at the end of the act, Section 39 and the schedule
immediately following Section 76 of the trademarks Act.
The owner of a registered trademark has exclusive rights to the use of the trademark, please
see Section 6, and 30 of Cap 90:01.
9. Please provide the length and terms of pr otection that the trademark law of Guyana
provides for a trademark.
The act provides for seven years of protection and registration can be renewed.  Please refer
to Section 22.  The terms of the protection are provided for in Sections 5, 6, 8 and 9.
10. Please explain whether well-known service marks are granted the same protection as
well-known trademarks under the laws of Guyana, as required by 6 bis of the Paris Convention
and Article 16.2. of the TRIPS Agreement.
Please refer to rules  5 and 20 of the Trademark Act.
11. Please explain whether use is required to maintain a trademark registration in Guyana.
If use is required, please confirm that a registration may be canceled only after an
uninterrupted period of at least three years of non-use, as required by Article 19.1 of the TRIPS
Agreement.
Please refer to Section 28, which provides that use is required to maintain a trademark
registration.
D. GEOGRAPHICAL INDICATIONS
12. Please describe in detail how the laws of Guyana 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.
Not applicable.
13. 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.
Not applicable.
14. Please confirm that there are legal means for interested parties to prevent use of a
geographical indication identifying wines or spirits not originating in the place indicated by the
geographical indication in qu estion and indicating all relevant laws and regulations.
Not applicable.IP/C/W/381
Page 18
E. INDUSTRIAL DESIGNS
15. Please describe the procedure that must be followed to obtain protection for industrial
designs, citing to the provisions of the law of Guyana, and describe the nature of the protection
provided.
Designs must be registered in order for them to be protected.  Registration of designs is dealt
with in The Patents and Designs Act Cap 90:03.  Please note that Section 2 of that act defines the
word "designs" to include industrial process or means.  The requirement for registration is set out in
Sections 62 – 65.
In accordance with Section 3 regulations were made by the minister, please refer to rules 13–
34 of the Designs regulations in Cap 90:03 for the procedure to register designs.
16. Please describe the procedure that must be followed to obtain protection for textile
designs and cite to the relevant provisions of law or regulation.
Please refer to the information for question 15.  Also refer to the third schedule of Cap 90:03.
F. PATENTS
17. Please describe in detail the way in which the patent law of Guyana 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.
Please refer to Section 3(1) of Cap 90:03 and Section 29(2) (q) and 44.
18. Please describe in detail the rights provided patent holders under the patent law of
Guyana and cite to the relevant provisions of law.
Please refer to the following sections regarding rights of patents holders, Sections 13, 21, 22,
24, 29 (2) (b), 33, 35, 39 and 41.
19. Please describe in detail any provisions in  the laws of Guyana 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.
Please refer to Section 37 and 38 of Cap 90:03 as it relates to unauthorized patents.
20. What term of protection does the patent law of Guyana provide for patents?  Please
describe any provisions for extension of the term of protection and cite to the relevant
provisions of the law.
Please refer to Section 21 and 22.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
21. Please describe in detail the protection for layout-designs of integrated circuits provided
under the laws of Guyana, including the term of protection, and cite to the relevant provisions
of law.
Not applicable.IP/C/W/381
Page 19
H. UNDISCLOSED INFORMATION
22. Please describe in detail how the laws of Guyana provide for the protection of
undisclosed information as required by Article 39.2 of the TRIPS Agreement and provide
citations to the relevant provisions of law.
Not applicable.
23. 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 Guyana and ci te to the relevant provisions of law.
Not applicable.
24. 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.
Not applicable.
I. ENFORCEMENT – G ENERAL OBLIGATIONS , CIVIL AND ADMINISTRATIVE PROCEDURES AND
REMEDIES AND PROVISIONAL MEASURES
25. Please describe in detail the manner in wh ich the laws of Guyana provide for effective
action against infringement of intellectual prop erty rights as required by Article 41.1 of the
TRIPS Agreement.
Please refer to Section 17 and 18 in the 1956 Act and to the copyright (British Guiana)
Order 1966 No. 79 schedule I Part II Section 3 as it relates to Sections 17 and 18.
In the 1999 Bill, please refer to Part V, Sections 46 to 48 and 132 and 133.In chapter 90:01 please refer to Sections 57 and 58.
26. 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 been
unable to obtain such evidence from the opposi ng party.  Please describe how the laws or
regulations of Guyana provide this authorization, citing to the relevant provisions of law orregulation.
Section 33 of the 1999 Bill refers to orders for delivery of illicit recordings in civil
proceedings.
27. Please describe in detail the all of the civi l remedies that are available to right holders
under the laws of Guyana, citing to the relevant provisions of law or regulation.
The civil remedies that are available to rights holders are as follows:  damages, injunction,
and accounts.  In the 1999 bill there is provision for a court order for delivery.  Please refer to the
following sections in the respective legislation:
The 1956 Act – Sections 17,18, 19;IP/C/W/381
Page 20
The 1999 proposed bill – Sections 32 to 35, 43, 132 and 133.
The Patents and Designs Act – Sections 38 to 41
The Trademarks Act – Section 4.
28. Please describe in detail the provisional procedures and remedies available to right
holders under the laws of Guyana, citing to the relevant provisions of law and regulation, and
indicate any condition under which a right holder may avail itself of those procedures and
remedies.
Please refer to Section 108 in the Patents and Designs Act and Sections  137 and 138 in the
1999 bill.
J. ENFORCEMENT - SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
29. Please describe in detail the procedures under the laws of Guyana 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.
Not applicable.
30. 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 eachform of intellectual property, citing the relevant provisions of law.
Not applicable.
31. 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
Guyana are empowered to act ex officio and, if s o, please identify the intellectual property areas
subject to ex officio action.
Not applicable.
K. E
NFORCEMENT - CRIMINAL PROCEDURES
32. Please describe in detail how the laws of Guyana implement Article 61 of the TRIPS
Agreement that requires Members to have criminal procedures and penalties, includingimprisonment 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 cite to the
relevant provisions of law and regulation.
Please refer to Section 21 in the 1956 Act, Section 46 and 48 in the 1999 bill and
Section 61(1) of Cap 90:01.
33. 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 offense.  Please describe the provisions in the laws of
Guyana that provide for such remedies, and describe the circumstances in which those remedieswould be imposed, citing to the relevant provisions of law or regulation.IP/C/W/381
Page 21
Please refer to Section 21 of the 1956 Act and Section 137 in the 1999 bill.
34. 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 Guyana that prov ide for such procedures and remedies, citing to
the relevant provisions of law or regulation.
There are no other relevant provisions other than that stated in response to questions 32 and
33.
L. STATISTICAL QUESTIONS
35. 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 ca ses filed;  injunctions issued;  infringing
products seized;  infringing equipment seized;  cases resolved (including settlement);  and the
amount of damages awarded.
[No response received]
36. 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 other
information establishing that the criminal syst em operates effectively to deter copyright piracy
and trademark counterfeiting.
[No response received]
__________