RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/325/Add.2
14 March 2002
(02-1334)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Responses from Barbados to questions posed by Australia, the European Communities
and their member States, Japan and the United States
Addendum
By means of a communication from the Permanent Mission of Barbados dated 7 March 2002,
the Secretariat has received the following responses  to questions posed by Australia, the European
Communities and their member States, Japan and the United States, as circulated in documents
IP/C/W/328, 320, 322 and 316, respectively.
_______________
AUSTRALIA
A. PATENTS (INCLUDING PLANT VARIETY PROTECTION )
1. How does your country provide protection for new plant varieties as required under
Article 27.3(b)?  If your legislation is based on the UPOV system, on which UPOV Act was it
modelled?  Can new plant varieties be protected by patent in your country?
In Barbados, the protection of plant varieties as contemplated in Article 27.3 is not considered
under the Patents Act, 2001-18 but instead under the sui generis  provisions of the Protection of New
Plant Varieties Act 2001-17. Section 11 of the Patents Act 2001-18 provides that
"(1) Whether or not they constitute an inve ntion within the meaning of this Act, the
following are not patentable under this Act, namely,
(a) discoveries, scientific theories and mathematical methods;
(b) schemes, rules or methods for
(i) the carrying on of business;
(ii) the performing of acts of a mental nature only; or
(iii) the playing of games;
(c) methods for treatment of human beings or animals by surgery or therapy;
(d) diagnostic methods practised on human beings or animals;IP/C/W/325/Add.2
Page 2
(e) plant varieties, animal varieties and essentially biological processed for the
production of plants other than microbiological processes and the products of
those processes; or
(f) an invention, the commercial exploitation of which would be contrary to
public order or morality or which is prejudicial to human or animal health or
to plant life or the environment.
(2) Paragraphs (c) and (d) of subsection (1) do not extend to products invented for use in
the methods referred to in those paragraphs."
The exceptions contained in paragraphs (a) and (b) do not fall within the definition of
patentable development as set out in Article 27.1 of the TRIPS Agreement.  Paragraphs (c) to (f) were
drafted in accordance with the provisions of Article 27.3 of the TRIPS Agreement.  The text of the
Patents Act 2001-18 has been notified to the World Trade Organization.
Having regard to the foregoing Act, there is sui generis  provision in the Protection of New
Plant Varieties Act 2001-17 for new plant variety protection.  The procedures for obtaining plant
variety protection are specifically based on the UPOV Model Law for Small Developing Countries
obtained through the World Intellectual Property Organization (WIPO).  Other aspects have been
modelled on the Trinidad & Tobago Protection of New Plant Varieties Act.  The text of the Protection
of New Plant Varieties Act 2001-17 has been no tified to the World Trade Organization and is
available for examination by Member states.  Barbados is not a party to either of the UPOV
Conventions.
EUROPEAN COMMUNITIES AND THEIR MEMBER STATES
A. G ENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in se ctors of vital importance to your socio-economic and
technological development as mentioned under Arti cle 8 of the TRIPS Agreement.  If yes, please
explain how such measures are consistent with the provisions of the TRIPS Agreement.
(i) Please see section 49 (1) of the Patents Act 2001-18. This section, concerning the
circumstances in which the Crown may exploit a patent, is fully compliant with the
provisions of Article 31 of the TRIPS Agreement. Section 11 of the Act is also
compliant with Article 27.3 of the Agreement.
(ii) Sections 51-84 and sections 142- 151 of the Copyright Act 1998 respectively make
provision, inter alia, for the use of copyrighted works for public use, fair dealing and
in libraries; for the purpose of reporting of current events, reading or recitation of
published literary or dramatic works in public, the playing of sound recordings for the
benefit of a club or other charitable organization and the reciprocal treatment and/or
protection of such works in other territories.
(iii) Section 40 of the Protection of New Plant Varieties Act 2001-17 makes provision for
the issuing of compulsory licenses in circumstances similar to those set out in section
49(1) of the Patents Act (see above).
(iv) Section 18 of the Integrated Circuits Act 1998 (as amended) makes provision for the
exploitation of integrated circuits in particular circumstances.IP/C/W/325/Add.2
Page 3
B. C OPYRIGHT AND RELATED RIGHTS
2. Please explain the copyright protection given to  authors of databases or compilations of data
as required by Article 10.2 of the TRIPS Agreement and please also confirm where in the Act a
definition of databases and a description of the protection given is provided.
In Barbados,  compilations and computer programmes are protected in section 2 as literary
works. (Please refer to the definitions of "literary works" and "computer programme" in the Act.)
Protection of "literary works" is provided under the terms of section 6. No explicit definition of
"database" is contained in the Act.  Nonetheless, the term "compilation", given its ordinary dictionary
meaning, will extend to all databases whatever their mode or form of expression.
3. Please explain whether the protection for sound recordings extends to sound recordings of
musical works only or also to other types of phonogr am, and if so what types? Please explain whether
the rental right enumerated in section 76 (c) of the Act applies to all cinematographic works or only
to films. Please explain the definition of films for the purposes of the Act.
In section 2 of the Barbados Copyright Act, 1998-4, "sound recordings" are defined as:
(a) a recording of sounds from which sounds may be reproduced, or
(b) a recording of the whole or any part of a literary, dramatic or musical work from
which sounds reproducing the work or part thereof may be produced  regardless of the
medium on which the recording is made or the method by which the sounds are
reproduced or produced. (emphasis added)
The protection afforded under the Act for sound recordings therefore applies to all sound recordings,
however fixed or recorded.
The rental right in section 76(c) applies to cinematographic images whether recorded on film,
electronic or other medium capable of producing a moving image having regard to the definition of
"film" in section 2 which means "a recording on any medium from which a moving image may by any
means be produced".
4. Section 77.1 of the Act - Please explain how this provision (in relation to sound recordings
and computer programmes) as applied in practice. W hat conditions are applied to ensure that the
right of authors in Article 11 of the TRIPS Agreement to authorize or prohibit the commercial rental
to the public of originals or copies of their works is respected?
This situation has not yet arisen in practice and to date there has been no necessity for a
Ministerial order to be passed under this section.
5. Please state how your legislation grants the retroactive protection provided pursuant to
Article 18 of the Berne Convention for the Protection of Literary and Artistic Works ( the "Berne
Convention") (the obligation of which derives fr om Article 9 of the TRIPS Agreement) and Article
14.6 of the TRIPS Agreement.
Please refer to section 151 of the Copyright Act which provides the necessary transitional
protection.
6. Please define what constitutes a "reasonable extract" for the purposes of Section 72.1 of the
Act.IP/C/W/325/Add.2
Page 4
In practice, the author will determine what is reasonable. If an objection is taken as to the size
of the extract taken from his work for use in the public reading or recitation, the issue of
reasonableness will ultimately become a matter for determination by the High Court which in the
course of hearing the infringement action will make a determination of the "reasonableness" or
otherwise of the extract used.
7. Please explain whether the droit de suite provided for in Article 14ter of the Berne
Convention is protected in your legislation.
The right of droit de suite  is not contemplated in Barbadian law.
8. Please explain whether or not your legislation provides for a mechanism to appeal final
administrative decisions to judicial bodies.
Under Barbados law, all administrative decisions are capable of being reviewed by or
appealed to a judicial body. Provisions establishing a right of appeal to the Courts may be found under
all intellectual property rights statutes. [See for example section 101(4) and 104 of the Barbados
Copyright Act, 1998-4, section 47 of the Trade Marks Act, Cap. 319, section 19(2) of theGeographical Indications Act, 1998-22 and section 51 of the Patents Act, 2001-18.] Additionally, the
Administrative Justice Act Cap 109B of the Laws of  Barbados provides a general statutory remedy of
judicial review which is available in respect of most administrative acts or omissions where an
administrative body or other authority performs an administrative or quasi-judicial function which
arises either under a statute or the Constitution .
9. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
Please refer to section 135 (1) of the Copyright Act, 1998-4, and Barbados's responses to the
Checklist of Issues on Enforcement (document IP/N/6/BRB/1).  Also refer to section 49E of the Trade
Marks (Amendment) Act, 2001-16.
10. Please quote what provisions of your legislation authorize judges to indemnify a defendant in
the event of abuse by the plaintiff.
It should be noted that in Barbados the comp etent authority for deal ing with enforcement in
relation to the importation of infringing goods is the Comptroller of Customs . Under the provisions of
section 49(6) (b) (iv) of the Copyright Act, 1998-4, the Comptroller is empowered to require of a
plaintiff indemnification and security against the possibility of liability or expense incurred by him as
a result of the suspension or detention of articles by the Customs Department.
11. Please explain how your legislation impl ements Article 50 of the TRIPS Agreement.
Sections 207 and 210 of the Customs Act and section 49 of the Copyright Act make provision
for the implementation of provisional measures in respect of the importation of infringing copies of
copyrighted works. Please refer to the Barbados's responses to the Checklist of Issues on Enforcement(document IP/N/6/BRB/1) for a detailed discus sion of the provisional measures which may be
employed in Barbados in relation to the alleged infringement of intellectual property rights.
12. 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.
Please refer to our answer to question 10.IP/C/W/325/Add.2
Page 5
13. Please indicate whether or not procedures are available to suspend the exporting of
counterfeit goods.
The procedures implement Article 51 of the TRIPS Agreement and accordingly only relate to
the importation of counterfeit trademark or pirated copyright goods.
14. Please quote what provisions of your legislation authorize the competent authorities to order
the destruction or disposal of infringing goods.
Please see our response to question 9.
15. Please indicate the threshold of the de minimis imports exception provided for in
Section 49(5).
In practice, the de minimis  exception  permits the importation of no more than five copies or
less of a work for private and domestic use. Please also see our response to question 25 for the legal
basis for this rule in relation to trademarks.
16. 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.
Please see Barbados's responses to questions 3 and 4 of the Checklist of Issues on
Enforcement for a detailed response to this question.
C. T RADEMARKS – TRADE MARKS REGULATIONS 1984 AND TRADE MARKS (AMENDMENT ) ACT
2001
17. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
Under the provisions of the Trade Marks Act, 198 1(as amended), section 4(1)-(3) contains the
general definitions of "trade mark", "service mark", "collective mark" used in the Act. Section 4(4)
states that:
"…marks can consist of arbitrary or fanciful designations, names, pseudonyms, geographical
names, slogans, devices, reliefs, letters, numbers, labels, envelopes, emblems, prints, stamps,
seals, vignettes, borders and edgings, combinations or arrangements of colours and shapes of
goods or containers."
The above definition is subject to objections which may be taken to the registration of the
mark on relative or absolute grounds, including the potential of a mark to mislead, deceive or be
confused with a previously registered mark or a well-known mark, well-known names, and marks
containing a geographical indication of such a nature as would mislead the public as to the true place
of origin of the goods. [Please refer to sections 8 and 9 of the Trade Marks Act, 1981(as amended bythe Trade Marks (Amendment) Act 2001-16) and se ction 20 of the Geographical Indications Act,
Cap. 1998-22.]
18. 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 suchas sound, perfumes and containers are protectable.
Service Marks are protected by section 4(2) of the Act; trade names are also protected within
the ambit of section 4(4) (see the response to question 17).  Also note that section 2 of the Act definesIP/C/W/325/Add.2
Page 6
the term "mark" to include trade marks, service marks and collective marks. While containers are
specifically protected (as set out in the response to question 17) elements such as sounds, smells and
perfumes are not protected in Barbados.
19. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a registration
in that respect.
There are no requirements for use as a condition of initial trademark registrations in
Barbados. Section 26 of the Act which previously provided that any application for renewal of a mark
must be accompanied by a statement that the mark was in use during the year preceding the date of
application for renewal; or that the mark was in disuse through circumstances beyond the control ofthe holder of the mark, has been amended by the Trade Marks (Amendment) Act 2001-16  to remove
the requirement for use.
20. Please confirm whether or not your legislation permits that the registration of trademarks be
indefinitely renewable.
A trademark may be registered indefinitely at 10-year intervals on payment of the relevant
fee, as provided by section 25 of the Act.
21. Please describe the special requirements, if any, prescribed by your legislation concerning
the use of a trademark.
There are no special requirements restricting how a mark may be used in the course of trade.
In particular, please note the provisions of section 5A of the Trade Marks Act, 1981 (as amended by
the Trade Marks (Amendment) Act 2001-16 which provides that:
"The use of a trade mark in the course of trade shall not be unjustifiably encumbered by any
special requirement, including use with another trade mark, use in a special form, or use in a
manner detrimental to the mark’s capability of distinguishing the goods or services of one
enterprise from those of another enterprise."
22. Please explain how your legislation impl ements Article 50 of the TRIPS Agreement.
Please refer to Barbados's responses to questions 5, 10, 11 and 12 of the Checklist of Issues
on Enforcement for a detailed discussion of the provisional measures which may be employed in
Barbados in relation to the alleged infringement of intellectual property rights. Additionally,
protective measures are also available to the registered owner and licensee of a mark in accordancewith sections 38-40 of the Trade Marks Act, 1981 in cases of the infringement or imminent
infringement of the mark.
23. 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.
In Barbados the competent authority for de aling with enforcement in relation to the
importation of infringing goods is the Comptroller of Customs. Please refer to sections 53A to 53M of
the Trade Marks (Amendment)Act 2001-16 for the procedure governing the  suspension of the release
of counterfeit goods by the customs authorities.
24. Please indicate whether or not procedures are available to suspend the exporting of
counterfeit goods.IP/C/W/325/Add.2
Page 7
The procedures implement Article 51 of the TRIPS Agreement and accordingly only relate to
the importation of counterfeit trademark or pirated copyright goods.
25. Please indicate whether or not your legislation provides for a de minimis imports exception.
Section 53M of the Trade Marks (Amendment) Act 2001 provides that
"…the importation by an individual for his own personal use, of not more than 5 of the same
items bearing a registered trade mark in respect of which a notice has been given in
accordance with section 53A shall be permitted, but the Comptroller of Customs may permit
the importation of a greater number of items if he is satisfied that they are for the personal use
of the individual."
26. Please explain how your legislation impl ements Article 61 of the TRIPS Agreement.
Please refer to sections 50A-50E of the Tr ade Mark (Amendment) Act 2001 for the criminal
procedures and penalties to be applied in cases of wilful trademark counterfeiting.
D. G EOGRAPHICAL INDICATIONS – GEOGRAPHICAL INDICATIONS ACT 1998
27. Please confirm whether the same protection is given to geographical indications that are
registered and those that are not registered under the Act. Please explain any dissimilarities.
Under the provisions of section 3 (1) of the Geographical Indications Act, 1998-22:
"Protection under this Act is accorded to geographical indications whether or not they are
registered."
28. Please confirm the analysis that will be used in determining whether, in line with Article 22.3
the geographical indication is identical with a term used in common language as the common name
for such goods or services in Barbados. Please provide examples of such words considered as generic
in your jurisdiction.
Please see section 2 (c) of the Geographical Indications Act, 1998-22, which is couched in
identical wording to Article 22.1 of the TRIPS Agreement.  Section 5 of the Act excludes fromprotection as geographical indications, indications that (a) do not correspond to the definition in
section 2(c) of the Act, (b) offend against public order or morality or (c) are not or cease to be
protected in their country of origin or which have fallen into disuse in that country.  Due to the
absence of applications and the lack of litigation relating to this subject matter of intellectual property
in Barbados, we are unable to provide examples as requested.
E. I
NDUSTRIAL DESIGNS – INDUSTRIAL DESIGN REGULATIONS 1984 AND INDUSTRIAL DESIGNS
ACT CAP. 309
29. Please explain whether there is a requirement in  your legislation that an industrial design be
original.
Section 9 of the Industrial Designs Act, 1981 does not use the concept of original.  However,
the Act stipulates that an industrial design may not be registered unless it is "new". Section 11
explains that a new design is one which:
"…had not been made available to the public through description, use, or in any other manner,
anywhere, at any time before the date of an application under this Act or before the priority
date properly claimed for the industrial design."IP/C/W/325/Add.2
Page 8
30. Please explain whether or not your legislation extends to the protection of designs dictated
essentially by technical or functional considerations.  Please explain how textile designs are
protected.
The definition of an industrial design in se ction 4 makes no specific mention of technical or
functional considerations.  It merely defines an industrial design as:
"(a) any composition of lines or colours;  or(b) any 3 dimensional form whether or not  associated with lines or colours,
that gives a special appearance to the product of industry or handicraft and serves as a pattern
for a product of industry or handicraft."
Textile designs which meet the above criteria would be protected as industrial designs.
31. Please explain how your legislation protects right holders of a design against importing of
articles bearing embodied or copied design.
Section 5 (1) (b) of the Industrial Designs Act, 1981 provides that the registered owner of the
design possesses the right to prevent other persons from "importing, offering for sale or exposing for
sale" any article in or by which the design is reproduced.  A registered owner of an industrial designor a licensee under a licence-contract may also take protective measures set out in sections 37-39 to
prevent infringement or to prohibit further infringement of an industrial design.
32. Please state whether or not your legislation provides for the right to issue a compulsory
licence for industrial designs.
The Act does not contemplate the use of compulsory licences for industrial designs. Licence
contracts, as provided for in section 29, are voluntary in nature.
33. Please indicate for what period of time your  legislation grants protection for industrial
designs.
Section 26 provides that the registration of an industrial design is valid for a period of 5 years
from the date of  the initial application; the appli cant may be entitled to 2 consecutive renewal periods
of 5 years each bringing the total period of protection for an industrial design in Barbados to fifteen
(15) years.
F. P
ATENTS – PATENTS ACT 2001 AND PATENT REGULATIONS 1984
34. Where exclusions to patent rights are provided for, please describe in detail how these
exclusions are applied in legal as well as practical terms.
Section 11 of the Patents Act  provides that:
"(1) Whether or not they constitute an invention within the meaning of this Act, the
following are not patentable under this Act, namely:
(a) discoveries, scientific theories and mathematical methods;
(b) schemes, rules or methods for
(i) the carrying on of business;IP/C/W/325/Add.2
Page 9
(ii) the performing of acts of a mental nature only;  or
(iii) the playing of games;
(c) methods for treatment of human beings or animals by surgery or therapy;
(d) diagnostic methods practised on human beings or animals;
(e) plant varieties, animal varieties and essentially biological processes for the
production of plants other than microbiological processes and the products of
those processes;  or
(f) an invention, the commercial exploitation of which would be contrary to
public order or morality or which is prejudicial to human or animal health or
to plant life or the environment.
(2) Paragraphs (c) and (d) of subsection (1) do not extend to products invented for use in
the methods referred to in those paragraphs."
The exceptions contained in paragraphs (a) and (b) do not fall within the definition of
patentable development as set out in Article 27.1 of the TRIPS Agreement. In practical terms, noapplication containing these elements is accepted by the Registrar as valid.
35. Please explain whether your legislation pr oviding for the exclusion of inventions from
patentability based on ordre public or morality has been applied in practice.
In practice, no patent applications have been refused in Barbados on the basis of ordre public
or morality to date.  It is likely that inventio ns relating to such methods as the cloning of human
beings, the alteration of human genetic material or the cross-breeding of animal varieties would be
refused on the basis of ordre public or morality.  
36. Please describe whether micro-organisms, non-essentially biological processes and
microbiological processes are protected in your legislation. Please explain, in this respect, the
relevant sections of your legislation.
Except as provided in section 11 quoted in the response to Q. 34, such processes would be
protected.
37. Please explain whether your legislation protects patent right holders against the importing
and against the offering for sale of a patented invention.
Please refer to section 5 of the Patents Act, 2001-18, which explicitly enables the owner of an
invention in respect of which a patent is granted under the Act to prevent any other person from
exploiting the patented invention without the owner's consent. Section 5(2) describes the "acts ofexploitation" which may be prevented by the owner of a patent granted under the Act. Section 52 of
the Patents Act, 2001-18 set out the proceedings which may be instituted by the patent owner in case
of infringement of his rights.
38. Please state if your legislation provides for patent product protection of pharmaceutical and
agricultural chemical products.  In the affirmative, please indicate the legal reference.
The Patents Act provides in section 4 that an invention is an idea that provides or enables a
practical solution to a specific problem in technology and that an invention can be or relate to aIP/C/W/325/Add.2
Page 10
product or a process.  Except for unpatentable inventions which are excluded from patentability under
section 11, a patent may be granted under section 7 of the Act for any invention which is novel,
involves an inventive step and is industrially app licable. Barbados routinely grants patents protecting
various pharmaceutical and agricultural chemical products and their related processes.
39. Please clarify if the patent protection of a process, as provided for in your legislation, covers
the product obtained directly by that process.
Such coverage will only apply in the event that the product itself satisfies the criteria for
patentability as set out in section 7 of the Act. This will also depend on the manner in which the
claims are presented. Each invention claimed in an  application (whether for process or product) must
meet the criteria for patentability as set out in section 7 of the Act.   
40. Please explain the additional conditions, if any, in your legislation other than the sufficient
disclosure of the invention in Article 29 of the TR IPS Agreement (e.g. submission of justification for
access to genetic material or prior inform consent to its use).  If such additional conditions exist,
please point out the relevant legislation and describe the additional conditions in detail.
Please see sections 17-21 of the Act.  There are no other conditions for the grant of a patent.
41. Please explain in detail the conditions under which a compulsory licence may be granted in
the interests of the development of an essential se ctor of the economy of Barbados (Section 49 (iv) of
the Act).
These circumstances in which compulsory licences may be granted in Barbados are set out in
section 49 of the Act. The section will operate whenever public policy dictates that circumstances
affecting an essential sector of the Barbados economy have arisen which require the exploitationwithin Barbados of an invention protected by patent. The conditions will be determined as the need
arises by the Minister responsible for administration of the Act. Due process is afforded to the owner
of the patent or his licensee under section 49(2)(b) when the Minister intends to make an order under
section 49(1) of the Act. In any event, the Minister is bound by the requirement in section 49(5) to
take into account the economic value of the use of the patented invention and the need to correct anti-
competitive practices in determining payment to th e patent holder. To date the section has not been
invoked.
42. Please explain how your legislation explicitly ensures that a proposed user has made efforts
to obtain authorization from the right holder on reasonable commercial terms and conditions and that
such efforts have not been successful within a reasonable period of time. In this context, how do you
define "reasonable period of time".  Please also explain how your legislation ensures that the use of acompulsory licence shall be authorised predominantly for the supply to the domestic market.
Please note the provisions of section 49 in full, and section 49(5), 49(6) and 49(10) in
particular. Barbados, being a common law country, uses a standard of reasonableness as determined
by the Court, the Minister or an administrative body, on an objective basis, taking all relevant factsinto considerations.   In the event of a national emergency, e.g. a national health emergency, our
Courts would be likely to regard as unreasonabl e attempts by the patent holder to "hold the
Government over a barrel" by imposing non-commercial terms and conditions for the award of a
contractual licence and attempting to engage in protracted negotiations in the face of the national
emergency. In the absence of case law on this issue, it is impossible to say what period of time Courtsmight hold to be reasonable, all relevant facts will have to be examined on a case by case basis. 
43. Please state if your legislation grants additional protection for innovations after the 20 years
of patent protection has lapsed.IP/C/W/325/Add.2
Page 11
Please see section 29 for the duration of patent rights. There is no protection afforded after the
expiry of the 20-year period.
44. Please explain how your legislation provides for the reversal of the burden of proof in
relation to process patents.
The Act does not make provisions for such reversals of the burden of proof.
45. Please describe how your legislation provides for effective action against infringement of
patent rights.
Please see sections 52 – 55 and section 62 of the Act.
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS – INTEGRATED CIRCUITS ACT
1998 AND INTEGRATED CIRCUITS (AMENDMENT ) ACT 2001
46. Please explain what protection your national legislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies includingintegrated circuits or other articles in which a topography is incorporated in accordance with
Article 36 of the TRIPS Agreement.
Under the provision of section 6(2)(b), the Integrated Circuits Act, 1998-21 (as amended)
expressly prohibits the importation, sale or distribution of the protected layout-design or integratedcircuits that incorporate the layout design without the consent of the right holder.
47. Please explain how your legislation provides for the derogation from Article 36 as specified
in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to
know when acquiring an integrated circuit or an article incorporating such an integrated circuit thatit contains an unlawful topography.
Please see section 7(1) of the Act, which incorporates the wording of Article 37 of the TRIPS
Agreement.  In accordance with Article 37 of the TRIPS Agreement, the protection does not extend to
innocent acts of reproduction, importation, sale or distribution of an integrated circuit incorporating an
unlawfully reproduced design.
48. Please explain in more detail the conditions applied in determining when a Government
agency or third party may exploit a protected layout-design (Article 18 of the Act).
These conditions will be dependent of the circumstances affecting the public interest of
Barbados at the time, and will be determined by the Minister responsible for administration of theAct, or the Court or an administrative body.  In any event, the Minister is bound by the requirement in
section 18(3) to take into account the economic value of the use of the patented invention and the
need to correct anti-competitive practices in dete rmining payment to the patent holder. The right
holder is given the option of appealing such decisions for the exploitation of the design to a Judge in
Chambers as provided in section 18(11).
H. P
ROTECTION OF UNDISCLOSED INFORMATION
49. Please explain whether or not your legislation grants a defined period of time for the
protection of undisclosed information. If so, please give the time span.
The Protection Against Unfair Competition Act 1998-20 does not specify a time span for the
protection of secret information.IP/C/W/325/Add.2
Page 12
50. Please explain how your legislation defines undisclosed information.
The Act speaks of "secret information". Please see section 8(2) for a full definition.
51. Please explain how your legislation defines da ta submitted to governments or governmental
agencies.
Please refer to section 4(2) of the Act which makes reference to "secret tests or other data".
52. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
Please refer generally to Barbados's responses to the Checklist of Issues on Enforcement
(document IP/N/6/BRB/1).
53. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
Please refer to the Supreme Court of Judicature Act Cap 117A and the Rules of the Supreme
Court, both of which were notified to the TRIPS Council. Under Barbados law, all administrative
decisions are capable of being reviewed by or appealed to a judicial body. Provisions establishing a
right of appeal to the Courts may be found under all intellectual property rights statutes. [See forexample section 101(4) and 104 of the Barbados Copyright Act, 1998-4, section 47 of the Trade
Marks Act, Cap. 319, section 19(2) of the Geogra phical Indications Act, 1998-22 and section 51 of
the Patents Act, 2001-18.] Additionally, the Administrative Justice Act Cap 109B of the Laws of
Barbados provides a general statutory remedy of judicial review which is available in respect of most
administrative acts or omissions where an administrative body or other authority performs anadministrative or quasi-judicial function which arises either under a statute or the Constitution .
54. Please quote provisions of your legislati on that authorize judges to order a defendant to
desist from an infringement.
Such relief lies within the inherent jurisdiction of Judges of the Supreme Court. In addition,
please have regard to
(a) Section 7 of the Geographical Indications Act 1998;
(b) Section 44 of the Protection of New Plant Varieties Act 2001;
(c) Section 16 of the Integrated Circuits Act 1998 as amended;
(d) Section 52 of the Patents Act 2001;
(e) Section 32 of the Copyright Act 1998;
(f) Section 3 of the Protection Agai nst Unfair Competition Act 1998;
(g) Section 52 of the Trade Marks Act 1981 (as amended).
55. 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.
Please see the response to question 54.  Also refer generally to Barbados's responses to the
Checklist of Issues on Enforcement (document IP/N/6/BRB/1).IP/C/W/325/Add.2
Page 13
56. Please quote what provisions of your legislation authorize judges to order the payment of the
right holder's expenses by the infringer.
Please see the response to question 54.  Also refer generally to Barbados's responses to the
Checklist of Issues on Enforcement (document IP/N/6/BRB/1).
57. Please explain how your legislation impl ements Article 50 of the TRIPS Agreement.
Please see the response to questions 11 and 22.  Also refer generally to Barbados's responses
to the Checklist of Issues on Enforcement (document IP/N/6/BRB/1).
58. Please explain how your legislation impl ements Article 61 of the TRIPS Agreement.
Please see the response to question 26.  Also refer generally to Barbados's responses to the
Checklist of Issues on Enforcement (document IP/N/6/BRB/1).
JAPAN
A. C OPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbou ring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
There are no such exceptions or exemptions under the provisions of the Barbados Copyright
Act, 1998-4. The text of the Act was notified to the World Trade Organization for examination bymember states.
UNITED STATES
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.
The various intellectual property statutes of Barbados apply to the nationals of WTO Member
states in the same manner as they apply to Barbadians.
(a) Copyright Act, 1998 Section 8 and 142(b) Patents Act, 2001-18 Section 21
(c) Protection of New Plant Varieties Act, 2001 Section 12
(d) Trade Marks Act, Cap. 319 Section 12(e) Industrial Designs Act, Cap. 309A Section 16(f) Integrated Circuits Act, 1998-21 Section 9IP/C/W/325/Add.2
Page 14
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright la w of Barbados complies with Article 9 of the
TRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the Berne
Convention (1971), except Article 6bis, since Members do not have rights or obligations relating to the
latter Article under the TRIPS Agreement.
Such compliance is derived from the fact that the Copyright Act 1998 was drafted using the
terms of the TRIPS Agreement and the Berne Conv ention for guidance. Barbados also complies with
Article 6bis in its recognition of moral rights of an author in sections 14 and 15 of the Act.
3. Please explain how the copyright law of Bar bados protects computer programs as literary
works  and complications of data as required by Article 10 of the TRIPS Agreement.
Section 6(1) of the Act recognises Copyright as s ubsisting in original literary works. Section 2
of the Act defines "literary work" as inclusive of "a computer programme". This is further defined as:
"…a set of instructions, whether expressed in words or as a schematic or other form, which is
capable, when incorporated in a machine-readable medium, of causing an electronic or other
device having information-processing capabilities to indicate, perform or achieve a particular
function, task or result."
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 Barbados.
Please refer to section 76 of the Act.
5. Please state the length and terms of protection the copyright law of Barbados provides  for a
work other than a photographic work or a work of applied art and cite to the relevant provision of
law.
Please note the following general provisions:(a) Literary works – life of the author plus 50 years (section 10);
(b) Sound recordings and film – 50 calendar years following the year in which the work
was first being made available to the public (section 11);
(c) Broadcasts and cable programmes – 50 calendar years following the calendar year of
first broadcast (section 12);
(d) Typographical arrangement of published edition – 25 calendar years following the
calendar year of first publication of the edition (section 13).
6. Please describe the protection the copyright law of Barbados provides for performers, and
the term of the protection.
Please see Part VIII of the Copyright Act. The duration of copyright in performance is for 50
calendar years from the end of the year in which the performance took place (section 127).
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 commercialIP/C/W/325/Add.2
Page 15
rental to the public of originals or copies of their phonograms.  Please describe how the copyright
law of Barbados implements these obligat ions and indicate the term of protection.
In respect of ownership of rights generally, please see Parts I, II and III of the Act.  Please
refer to section 76 in relation to the rental rights.
C. TRADEMARKS
8. Please describe the subject matter that can comprise a trademark under the trademark law of
Barbados.
Under the provisions of the Trade Marks Act (as amended), section 4(1)-(3) contains the
general definitions used therein. Section 4(4) states that marks can:
"…consist of arbitrary or fanciful designations, names, pseudonyms, geographical names,
slogans, devices, reliefs, letters, numbers, labels, envelopes, emblems, prints, stamps, seals,
vignettes, borders and edgings, combinations or arrangements of colours and shapes of goods
or containers."
The above definition is subject to objections which may be taken to the registration of the
mark on relative or absolute grounds, including the potential of a mark to mislead, deceive or be
confused with a previously registered mark or a well-known mark, well-known names, and marks
containing a geographical indication of such a nature as would mislead the public as to the true placeof origin of the goods. [Please refer to sections 8 and 9 of the Trade Marks Act, 1981(as amended by
the Trade Marks (Amendment)Act 2001-16) and section 20 of the Geographical Indications Act,
Cap. 1998-22.]
9. Please describe the procedure that must be followed to register a trademark in Barbados,
citing the relevant provisions of the law, and descri be the rights that the owner of a registered mark
can exercise.
Sections 10 to 22 of the Trade Marks Act 1981 (as amended by the Trade Marks
(Amendment) Act 2001 sets out the procedure to be  followed in the application process. These
provisions are further amplified and clarified by regulations 19-38 of the Trade Marks Regulations,
1984.  These pieces of legislation have been notified to the TRIPS Council.  The rights of a registeredtrademark owner are set out specifically in section 5 and 6 of the Trade Marks Act 1981.
10. Please provide the length and terms of protection that the trademark law of Barbados
provides for a trademark.
Under section 25 of the Trade Marks Act 1981, the registration of a mark remains valid for 10
years from the date of registration; but the registration may be renewed indefinitely for further
consecutive periods of 10 years upon payment of the relevant fee on each renewal.
D. G
EOGRAPHICAL INDICATIONS
11. Please describe in detail how the laws of Barbados 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.
The Geographical Indications Act 1998-22 and its implementing regulations Geographical
Indications Regulations, 2001 provide for the recognition and protection of geographical indications.
Geographical designs are protected irrespective of registration. This Act has been notified to theIP/C/W/325/Add.2
Page 16
TRIPS Council. No applications have been received by the Registrar under the Act, accordingly
examples cannot be provided at this time.
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 Ag reement is implemented, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications for such products.
Section 4 of the Act provides specific protection for homonymous geographical indications
for wines. At this time, no applications under the Act have been received by the Registrar, accordingly
examples cannot be provided.
E. INDUSTRIAL DESIGNS
13. Please describe the procedure that must be followed to obtain protection for industrial
designs, citing to the provisions of the law of Barbados, and describe the nature of the protection
provided.
Please note the provisions of sections 12-23 of the Industrial Designs Act, Cap. 309A of the
Laws of Barbados which describe the procedure for applying for and registering an industrial design.
The Act must be read in injunction with its implementing regulations, the Industrial Designs
Regulations, 1984 setting out the applicable fees and the forms to be used in connection with the
application.
The protection derived from a grant of industrial design are set out in section 5(1) of the Act,
viz.:
"The registration of an industrial design vest s in the registered owner of the design the
exclusive right to prevent other persons from performing any of the following acts:
(a) reproducing the industrial design in the manufacturing of a product;(b) importing, offering for sale, or exposing for sale, or selling, a product in or by which
the industrial design is reproduced; or
(c) stocking any product described in paragraph (a) or (b) for the purpose of sale."
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 are no specific provisions relating to textile designs. Protection for such designs will be
obtained in the same manner as for other all industrial designs.  See the response to question 14
above.
F. P
ATENTS
15. Please describe in detail the way in which the patent law of Barbados implements Article 27
of the TRIPS Agreement, indicating any exceptions pr ovided 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.
Section 11 of the Patents Act provides that"(1) Whether or not they constitute an inve ntion within the meaning of this Act, the
following are not patentable under this Act, namely,IP/C/W/325/Add.2
Page 17
(a) discoveries, scientific theories and mathematical methods;
(b) schemes, rules or methods for:
(i) the carrying on of business;
(ii) the performing of acts of a mental nature only; or
(iii) the playing of games;
(c) methods for treatment of human beings or animals by surgery or therapy;
(d) diagnostic methods practised on human beings or animals;
(e) plant varieties, animal varieties and essentially biological processes for the
production of plants other than microbiological processes and the products ofthose processes; or
(f) an invention, the commercial exploitation of which would be contrary to
public order or morality or which is prejudicial to human or animal health or
to plant life or the environment.
(2) Paragraphs (c) and (d) of subsection (1) do not extend to products invented for use in
the methods referred to in those paragraphs."
The exceptions contained in paragraphs (a) and (b) do not fall within the definition of
patentable development as set out in Article 27.1 of the TRIPS Agreement.  In practical terms, no
application containing these elements is accepted by the Registrar as valid. Plant varieties are dealt
with in the Protection of New Plant Varieties Act 2001, which has been notified to the TRIPS
Council. Inventions not falling within the above cited exceptions, and satisfying the criteria of
novelty, inventive step, and industrial applicability as provided in section 7 of the Act, are patentable
and thus satisfy Article 27 of the TRIPS Agreement.
16. Please describe in detail the rights provided patent holders under the patent law of Barbados
and cite to the relevant provisions of law.
The rights of patent holders are set out in sections 5 and 6 of the Patents Act, 2001-18.
17. Please describe in detail any provisions in the laws of Barbados 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.
The Patents Act makes provision for the compulsory licensing of patents in highly specific
instances. These instances are to be found in section 49. These conditions will be dependent of the
circumstances affecting the interests of national security, national health, national nutrition,
development of an essential sector of the economy of Barbados, or other public interests; these
circumstances will be determined by the Minister responsible for administration of the Act. Due
process is afforded to the owner of the patent or his licensee under section 49(2)(b) when the Ministerintends to make an order under section 49(1) of the Act. In any event, the Minister is bound by the
requirement in section 49(5) to take into account the economic value of the use of the patented
invention and the need to correct anti-competitiv e practices in determining payment to the patent
holder. To date the section has not been invoked.IP/C/W/325/Add.2
Page 18
18. What term of protection does the patent law of Barbados provide for patents?  Please
describe any provisions for extension of the term of protection and cite to the relevant provisions of
the law.
Section 29 provides that the duration of patent rights is for a 20 year period. There is no
protection afforded after the expiry of the 20 year period.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
19. Please describe in detail the protection for layout-designs of integrated circuits provided
under the laws of Barbados, including the term of protection, and cite to the relevant provisions of
law.
Section 6(2)(b) of the Integrated Circuits Act, 1998-21 expressly prohibits the importation,
sale or distribution of the protected layout-design or integrated circuits that incorporate the layout
design without the consent of the right holder. Section 8 of the Act provides that the duration of
protection is for a ten year period from the first exploitation of the design anywhere in the world, or
from the date of the filing of the application in th e event that the design had never been previously
exploited. As with the other industrial property statutes, the Act must be read in conjunction with its
implementing regulations, the Integrated Circuits Regulations, 2001.  Both the Act and its regulations
have been notified to the TRIPS Council.
H. PROTECTION OF UNDISCLOSED INFORMATION
20. Please describe in detail how the laws of Barbados provide for the protection of undisclosed
information as required by Article 39.2 of the TR IPS Agreement and provide citations to the relevant
provisions of law.
The Protection Against Unfair Competition Act 1998-20 employs the concept of "secret
information" rather than undisclosed information.  The Act defines acts of unfair competition in
section 4, and also defines "secret information" in section 8(2). The Act has been notified to the
TRIPS Council.
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 Barbados and cite to the relevant provisions of law.
Please note the response to question 20.  In addition, the Act (at section 4(2)) specifically
prohibits such disclosure except where such disclosure is necessary to protect the public and steps are
taken to protect the tests and data against unfair commercial use. The penalty for unauthorised
disclosure is a fine or term of imprisonment, without prejudice to further civil actions.
22. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products pe rmitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
This scenario has not arisen in practice, however, it is considered that if the information or
data relied upon is in the public domain and no longer qualifies as "secret information", the
prohibition against the use of such information including subsequent applicants would not apply. The
Protection Against Unfair Competition Act, 1998-20 does not specify a specific time span for theprotection of secret information.IP/C/W/325/Add.2
Page 19
I. ENFORCEMENT
23. Please describe in detail the manner in which the laws of Barbados provide for effective
action against infringement of intellectual property rights as required by Article 41.1 of the TRIPS
Agreement.
Please refer generally to Barbados's responses to the Checklist of Issues on Enforcement.
(document IP/N/6/BRB/1).
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 been unable to obtain such
evidence from the opposing party.  Please describe how the laws or regulations of Barbados provide
this authorization, citing to the relevant provisions of law or regulation.
Please refer to the Supreme Court of Judicature Act Cap. 117 and the Rules of the Supreme
Court, both of which were notified to the TRIPS C ouncil.  Under the Rules of Court, in the absence of
mutual discovery and inspection of documents, a part y may obtain an interlocutory order requiring the
opposing party to make discovery of documents (inc luding particular documents) which are or have
been in the possession, custody or power of that party.  The Court may also order inspection and
production for inspection and order discovery by interrogatories. [See generally Orders 24-27 of the
Barbados Supreme Court of Judicature Rules, issued under the Supreme Court of Judicature Act Cap
117 notified to the TRIPS Council in 2001.]  Please also refer to Barbados's responses to the Checklist
of Issues on Enforcement (document IP/N/6/BRB/1).
25. Please describe in detail the all of the civil remedies that are available to right holders under
the laws of Barbados, citing to the relevant provisions of law or regulation.
Please refer to Barbados's responses to the Checklist of Issues on Enforcement (document
IP/N/6/BRB/1) which describes in much detail the civil and administrative remedies available to
rights holders under the applicable intellectual property rights statutes and the relevant other laws.
In particular, attention may also be had to the following:(a) Section 7 of the Geographical Indications Act, 1998-22;
(b) Sections 42-47 of the Protection of  New Plant Varieties Act,2001-17;
(c) Section 16 of the Integrated Circuits Act, 1998-21 as amended;
(d) Section 56 of the Patents Ac,t 2001;
(e) Section 32 of the Copyright Act, 1998;
(f) Section 3 of the Protection Agains t Unfair Competition Act, 1998;
(g) Sections 38-47 of the Trade Marks Act, 1981 (as amended).
26. Please describe in detail the provisional procedures and remedies available to right holders
under the laws of Barbados, 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 Barbados's responses to questions 5, 10, 11 and 12 of the Checklist of Issues
on Enforcement (document IP/N/6/BRB/1) which desc ribe in much detail the provisional proceduresIP/C/W/325/Add.2
Page 20
and remedies available to rights holders under the applicable intellectual property rights statutes and
the relevant other laws.
In particular, attention may also be had to the following:
(a) Section 7(2) of the Geographi cal Indications Act, 1998-22;
(b) Section 45 of the Protection of New Plant Varieties Act,2001-17;
(c) Section 16(2)(a) of the Integrated Circuits Act, 1998-21 as amended;
(d) Section 52 of the Patents Act, 2001;
(e) Section 32 of the Copyright Act, 1998;
(f) Section 3 of the Protection Agains t Unfair Competition Act, 1998;
(g) Sections 38-40 of the Trade Marks Act, 1981 (as amended).
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
27. Please describe in detail the procedures under the laws of Barbados that provide for border
enforcement at least for trademark counterfeiting and copyright piracy, identifying the competentauthority and citing to the relevant provisions of law or regulation.
Please refer to the Copyright Act, section 49, and the Trade Marks (Amendment) Act, 2001-
16, sections 53A – 53M (as contained in section 14 therein) for detailed procedural requirements for
the exercise of this enforcement mechanism. For the purposes of both Acts, the Comptroller ofCustoms is the competent authority.
28. Please indicate if border enforcement is avai lable 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.
The procedures implement Article 51 of the TRIPS Agreement and accordingly only relate to
trademark counterfeiting and copyright piracy. The border enforcement measures are therefore not
specifically extended to other intellectual property.
29. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent
authorities can act ex officio.  Please explain whether the competent authorities in Barbados areempowered to act ex officio and, if so, please iden tify the intellectual property areas subject to ex
officio action.
The Comptroller is not empowered to act ex officio .
K. C
RIMINAL PROCEDURES
30. Please describe in detail how the laws of Barbados 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 wilful trademark
counterfeiting and copyright infringement on a commercial scale.  Please cite to the relevantprovisions of law and regulation.IP/C/W/325/Add.2
Page 21
Please refer generally to Barbados's responses to the Checklist of Issues on Enforcement
(document IP/N/6/BRB/1) for a description of the remedies available.  See also sections 50A-50E of
the Trade Marks (Amendment) Act, 2001-16 for the cr iminal procedures and remedies to be applied
in cases of wilful trademark counterfeiting.  Se e also sections 132-134 of the Copyright Act, 1998-4.
31. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has
been the commission of the offence.  Please describe the provisions in the laws of Barbados that
provide for such remedies, and describe the circumstances in which those remedies would be
imposed, citing to the relevant provisions of law or regulation.
Please refer to our response to question 30. Also please refer generally to Barbados's
responses to the Checklist of Issues on Enforcement (document IP/N/6/BRB/1).  See also
sections 49A-49E of the Trade Marks (Amendment) Act, 2001-16.
32. Article 61 also indicates that Members may provide for criminal procedures and penalties in
cases of wilful infringement of other forms of intellectual property.  Please describe any provisions ofthe laws of Barbados that provide for such procedures and remedies, citing to the relevant provisions
of law or regulation.
Please have regard to the following:
(a) The Industrial Designs Act, Cap 309A, section 44;
(b) The Protection of New Plant Varieties Act 2001, section 48;
(c) Integrated Circuits Act, 1998-21, Section 17;
(d) The Patents Act, 2001-18, section 62;  and
(e) The Geographical Indications Act, 1998-22, section 6(2).
L. S
TATISTICAL QUESTIONS
33. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcementfor 2000, including the number of cases filed; injunctions issued; infringing products seized;
infringing equipment seized; cases resolved (i ncluding settlement); and the amount of damages
awarded.
The Barbados Copyright Society of Composer s, Authors and Publishers (COSCAP) which
manages the copyright repertoire of a number of local and regional artistes, brought three civil actions
for copyright infringement in the year 2000.  Another local copyright holder Madd Productions
instituted legal proceedings against an infringer.  Madd obtained an injunction in their case. The
substantive proceedings in all four of these matters are still sub judice.
34. Please provide statistical information related to  criminal enforcement in the area of copyright
piracy and trademark infringement 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 system operates effectively to deter copyright piracy and trademark counterfeiting.IP/C/W/325/Add.2
Page 22
In 2000, the Microsoft Corporation, acting through the Business Software Alliance (BSA),
initiated police action against an infringer of computer software who was selling pirated copies
commercially resulting in one raid and confiscations.
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