WORLD TRADE
ORGANIZATIONIP/N/1/BRB/2
2 August 2002
(02-4283)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLE 63.2 OF THE AGREEMENT
BARBADOS
By means of communications from its Permanent Mission dated 15 June and
20 September 2001, and 4 April 2002, the following notification has been received from Barbados
under Article 63.2 of the Agreement.
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In accordance with Article 63.2 of the Agreement on Trade-Related Aspects of Intellectual
Property Rights and the procedures laid down by the Council for Trade-Related Aspects of
Intellectual Property Rights in November 1995, the Government of Barbados hereby notifies to the
Council its laws and regulations relating to the fields covered by the Agreement, as follows:
- The "main laws and regulations" are submitted in the original language, i.e. English,
and are listed in Annex I.
 - "Other laws and regulations" are submitted in the original language, i.e. English,  and
are listed in Annex II.
- Responses to the Checklist of Issues on Enforcement.1
                                                     
1 See document IP/N/6/BRB/1.IP/N/1/BRB/2
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ANNEX I
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS
TITLE BRIEF DESCRIPTION
Patents
Patents Act; 1981 (Cap. 314).2
(Act No. 1981-55)
Entry into force:  1 January 1985.N.B. the Act repealed the "old" Patents Act,
1903, but saved patents granted thereunder.
The 1981 Act (now replaced by the Patents Act,
2001) makes provision for the protection of
certain inventions for which patents have beengranted or applied for, so that the laws of
Barbados accord with its obligations under:
- the Paris Convention, 1883;
- the Patent Cooperation Treaty, 1970;
- the TRIPS Agreement, 1994.
Patents Act, 2001.3
(Act No. 2001-18)
Entry into force:  6 August 2001.The Act also establishes the term of protection
available in accordance with the TRIPS
Agreement and the procedure to be followed to
facilitate the examination, grant and registration
of patent rights in Barbados.  The Act repeals the1981 Act, but saves pending applications and
patents registered thereunder.
Patents Regulations, 1984.4
(Statutory Instrument 1984-84)
Entry into force:  14 May 1984.The Regulations provide for the procedures to be
followed in the application and registration of
patents and set out the fees payable for the
application and related processes.
                                                     
2 See document IP/N/1/BRB/P/1.
3 See document IP/N/1/BRB/P/3.
4 See document IP/N/1/BRB/P/2.IP/N/1/BRB/2
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TITLE BRIEF DESCRIPTION
Trademarks
Trade Marks Act (Cap. 319).5
(Act No. 1981-56)
Entry into force:  1 January 1985.The Act repealed the "old" Trade Marks Act,
1949, and saved marks registered thereunder.
The Act makes provision for the registration of
trade marks, service marks and collective marks,
so that the laws of Barbados will accord with itsobligations under:
- the Paris Convention, 1883;
- the Nice Agreement, 1957;  and
- the TRIPS Agreement, 1994.
The Act provides, inter alia , for the publication
of approved marks in the Official Gazette.  The
Act also gives jurisdiction to the Registrar to hear
and determine (at first instance) matters relating
to the opposition to registration of marks and
gives the Supreme Court appellate jurisdiction in
opposition matters as well as on appeal from any
decision of the Registrar.
Trade Marks (Amendment) Act, 2001.6
(Act No. 2001-16)
Entry into force:  6 August 2001.The Act introduces miscellaneous amendments to
the Trade Marks Act, 1981, in order to ensure
TRIPS compliance.  The Act covers, inter alia ,
such matters as the provision of criminal
penalties in cases of wilful trademark
counterfeiting and the seizure, forfeiture and
destruction of the infringing goods.  Articles 51-
60 of the TRIPS Agreement are also covered andthe Act sets out the procedures which enable right
holders to request the Comptroller of Customs to
suspend counterfeit goods held at the border from
free circulation within Barbados.
Trade Marks Regulations, 1984.7
(Statutory Instrument 1984-85)
Entry into force:  17 April 1984.These Regulations make provision for the
procedure to be followed in the application,
examination and registration of trade and service
marks.  The Regulations also set out theprocedure to be followed in relation to opposition
proceedings.
                                                     
5 See document IP/N/1/BRB/T/1.
6 See document IP/N/1/BRB/T/1/Add.1.
7 See document IP/N/1/BRB/T/2.IP/N/1/BRB/2
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TITLE BRIEF DESCRIPTION
Geographical indications
Geographical Indications Act, 1998.8
(Act No. 1998-22)
Entry into force:  19 February 2001.The Act implements Articles 22-23 of the TRIPS
Agreement and provides for the protection of
geographical indications and vests responsibility
for the registration of geographical indications in
the Registrar.
Geographical Indications Regulations, 2001.9
(Statutory Instrument 2001-132)
Date:  22 November 2001.These Regulations make provision for the
procedures to be followed in the application for
geographical indications, opposition hearings andprovisions relating to reciprocal application of the
Act.
Integrated circuits
Integrated Circuits Act, 1998.10
(Act No. 1998-21)
Entry into force:  19 February 2001.The Act implements Articles 35-38 of the TRIPS
Agreement and provides protection for the layout
and design of integrated circuits.  It also provides
safeguards against the importation, reproduction,
selling or other distribution of illegal or
unauthorised versions of integrated circuits.  Theperiod of protection under the Act is for 10 years,
commencing from the date of first commercial
exploitation or the date of filing, whichever is
earlier.  Applications under the Act are made to
the Registrar of Corporate Affairs & IntellectualProperty Office.
Integrated Circuits (Amendment) Act, 2001.11
(Act No. 2001-15)
Entry into force:  6 August 2001.The Act amends the 1998 Act to clarify the
criteria for protection under section 3, provides aright of appeal from a decision from the Registrar
and gives the Minister power to make subsidiary
regulations for implementing the Act.
                                                     
8 See document IP/N/1/BRB/G/1.
9 See document IP/N/1/BRB/G/2.
10 See document IP/N/1/BRB/L/1.
11 See document IP/N/1/BRB/L/1/Add.1.IP/N/1/BRB/2
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TITLE BRIEF DESCRIPTION
Integrated Circuits Regulations, 2001.12
(Statutory Instrument 2001-131)
Date:  22 November 2001.These Regulations regulate the application
process, opposition hearings and other matters
not covered in the Act.
Copyright and related rights
Copyright Act, 1998.13
(Act No. 1998-4)
Entry into force:  14 August 1998.This Act implements the intellectual property
rights standards contained in Articles 9-14 of the
TRIPS Agreement and provides protection for
copyright and its related rights and introducesspecific protection in relation to performers,
sound recordings and broadcast.  It also repeals
the Copyright Act, 1982.
Copyright (Amendment) Bill, 2001.14
(Act No. 2001-..)
(N.B.:  it was anticipated that this Bill would
enter into force by 15 July 2001.)This Bill would amend the 1998 Act to clarify,
inter alia , the circumstances in which charitable
organizations may use copyright material without
a licence.
Copyright (Customs) Regulations, 2001.14
(Statutory Instrument 2001-..)
(N.B.:  it was anticipated that these Regulations
would enter into force by 31 July 2001.)These Regulations implement Articles 51-60 of
the TRIPS Agreement and provide holders of
copyright and related rights the methods of
restriction of importation of infringing copies of
copyrighted works, recordings and othercopyrighted goods.  These Regulations also
regulate the procedure, forms and fees involved
in the restriction of importation of infringing
goods.
Copyright Tribunal Regulations, 2001.14
(Statutory Instrument 2001-..)
(N.B.:  it was anticipated that these Regulations
would enter into force by 31 July 2001.)These Regulations provide for the composition,
powers, procedure and jurisdiction of the
Copyright Tribunal established by Part VII of the
Act.
                                                     
12 See document IP/N/1/BRB/L/2
13 See document IP/N/1/BRB/C/1.
14 Denotes draft legislation that is awaiting enactment /publication.IP/N/1/BRB/2
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TITLE BRIEF DESCRIPTION
Copyright (Copying of Copyrighted Works by
Librarians and Archivists) Regulations, 2001.14
(Statutory Instrument 2001-..)
(N.B.:  it was anticipated that these Regulations
would enter into force by 31 July 2001.)These Regulations provide for the use and
reproduction of copyrighted works by librarians
and archivists in an academic environment.
Unfair competition
Protection Against Unfair Competition Act,
1998.15
(Act No. 1998-20)
Entry into force:  19 February 2001.This Act implements Articles 39-40 of the TRIPS
Agreement and, inter alia , defines those acts or
practices which amount to unfair competition, or
can cause dilution of the goodwill or reputation
of goods or services.  Commercial activity
designed to mislead the public in terms of the
value of goods and services, and the disclosure or
acquisition of secret information relating to a
commercial enterprise, without the consent of therightful holder of such information, are also
prohibited under the Act.  The Act also creates
the criminal offence disclosure of secret
information by competent authorities.  It also
provides for civil proceedings in the High Courtin relation to contravention of the Act.  The Court
retains sole jurisdiction over matters under the
Act.
Industrial designs
Industrial Designs Act, Cap. 309.16
(Act No. 1998-20)
Entry into force:  1 January 1985.This Act implements the international standards
set out in Articles 25-26 of the TRIPS Agreement
and makes provision for the protection ofindustrial designs.  It provides protection that
satisfies the minimum standard of novelty of
design and conformity with public morality.  The
period of protection is for five (5) years at first
instance, with renewal for two (2) subsequentfive (5) year periods.
                                                     
15 See document IP/N/1/BRB/I/1.
16 See document IP/N/1/BRB/D/1.IP/N/1/BRB/2
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TITLE BRIEF DESCRIPTION
Industrial Designs Regulations, 1984.17
(Statutory Instrument 1984-83)
Entry into force:  17 April 1984.These Regulations govern the procedure to be
used in the application, processing, and
certification of industrial designs.
Plant variety protection
Protection of New Plant Varieties Act, 2001.18
(Act No. 2001-17)
Entry into force:  6 August 2001.This Act implements Article 27.3(b) of the
TRIPS Agreement and makes provision for a sui
generis  system for the protection of the rights of
breeders and developers of new plant varieties.
Responsibility for administering the grant of such
rights is vested in the Registrar of Corporate
Affairs & Intellectual Property, jointly with the
Chief Agricultural Officer who will provide
assistance with the technical examination of the
application.
The Act also provides for the grant of plant
breeders rights as well as the granting of
exclusive or non-exclusive licences for any of the
rights created under the Act.
Protection of New Plant Varieties Regulations,
2001.19
(Statutory Instrument 2001-133)
Date:  22 November 2002.These Regulations will govern the procedure to
be followed in the examination and
administration of the applications for the grant ofplant breeders rights, as well as the applicable
forms and fees.
Protection of New Plant Varieties Order, 2001.20
(Statutory Instrument 2001-134)
Date:  22 November 2001.This Ministerial Order made under section 5 of
the Act, lists the plant varieties to which the
Protection of New Plant Varieties Act applies.
                                                     
17 See document IP/N/1/BRB/D/2.
18 See document IP/N/1/BRB/P/4.
19 See document IP/N/1/BRB/P/5.
20 See document IP/N/1/BRB/P/6.IP/N/1/BRB/2
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ANNEX II
OTHER LAWS AND REGULATIONS
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Supreme law
Constitution of Barbados.
(The Barbados Independence Order, 1966 being a
Schedule to United Kingdom Statutory
Instrument 1966 No. 1455.)
Entry into force:  30 November 1966.The Constitution is the supreme law of Barbados
and provides the foundational framework for all
of the laws of Barbados.  The Constitution sets
out and guarantees several fundamental rightsand freedoms including protection from
deprivation of property and makes provision for
such matters as citizenship.  The Constitution
establishes the main organs and offices of State,
including the Supreme Court of Judicature.
Customs
Customs Act, Cap. 66.
Entry into force:  1 November 1966.This Act concerns the powers and duties of the
Customs Department.
Customs (Amendment) Act, 1998.
(Act No. 1998-6)
Entry into force:  12 March 1998.To amend the Customs Act.
Customs (Amendment) Act, 1999.
(Act No. 1999-3)
Entry into force:  1 April 1999.To amend the Customs Act.
Civil judicial procedures and remedies
Supreme Court of Judicature Act, Cap. 117A.
Entry into force:  4 November 1991.This Act makes provision for the structure and
jurisdiction of the Supreme Court, comprised of
the Court of Appeal and the High Court of
Justice.IP/N/1/BRB/2
Page 9
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Supreme Court of Judicature (Amendment) Act,
1966.
(Act No. 1966-10)
Entry into force:  8 July 1996.To Amend the Supreme Court of Judicature Act.
Bail Act, 1996.
(Act No. 1996-28)Substitutes in subsection (4) of section 19 of the
Supreme Court of Judicature Act, the words
"grant bail to" for "admit on bail".
Substitutes in subsection (5) of section 19 of the
Supreme Court of Judicature Act, the words
"released on" for "admitted to".
Barbados National Bank (Transfer and Vesting of
Assets) Act, 2000.
(Act No. 2000-24)Substitutes in section 78 of the Supreme Court of
Judicature Act, the words "Barbados National
Bank" for "Barbados National Bank Inc.".
Rules of the Supreme Court, 1982.
Entry into force:  1 April 1982.The rules govern the procedures, forms and fees
to be used in civil actions before the Supreme
Court.
Magistrates' Courts Act, Cap. 116A.
Entry into force:  15 January 2001.This Act sets out the jurisdiction and procedure
applicable in Magistrates' Courts in civil and
criminal proceedings.
Criminal procedure
Criminal Procedure Act, Cap. 127.
Entry into force:  5 June 1891.This Act provides for the conduct of indictable
matters and the administration of justice in
criminal proceedings in the Supreme Court.IP/N/1/BRB/2
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TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Criminal Law (Arrestable Offences) Act,
Cap. 125A.
Entry into force:  1 November 1994.This Act reformed the criminal law by abolishing
the English common law distinction betweenfelonies and misdemeanours and creating a single
concept of "arrestable offence" for which a
summary arrest can be made without the issuance
of a warrant.
Evidence
Evidence Act, 1994.
Entry into force:  1 September 1994.This Act provides the evidential rules applicable
in civil and criminal proceedings in courts in
Barbados.
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