WORLD TRADE  
ORGANIZATION  IP/Q/BRB/1 
IP/Q2/BRB/1 
IP/Q3/BRB/1 
IP/Q4/BRB/1 
9 February 2004 
 (04-0482) 
Council for Trade-Related Aspects of Intellectual Property Rights Original:   English 
 
 
 
REVIEW OF LEGISLATION
1 
 
BARBADOS 
 
 
 This document reproduces the introductory stat ement made by the representative of Barbados, 
the questions addressed to the Permanent Mission of  Barbados and the replies given in connection 
with the review of legislation at the Co uncil's meeting of 27 to 28 November 2001.2 
 
 
_______________ 
 
  
I. INTRODUCTORY STATEMENT 
It is a pleasure for Barbados to formally pr esent our TRIPS implementing legislation to the 
Council for review by WTO member States.  Before  outlining the extent to which Barbados' laws 
have been adjusted to comply with the TRIPS Agreement, I propose to commence this formal 
presentation by giving delegates an introductory ba ckground to the state of Barbados' intellectual 
property rights laws at the time of Barbados' adherence to the WTO/TRIPS Agreement in 1995. 
 
A. I
NTRODUCTORY BACKGROUND  
As a developing country, Barbados' obligations  under the TRIPS Agreement entered into 
force on 1 January 2000.  The point must be made that prior to assuming obligations under the TRIPS 
Agreement, Barbados already had a long tradition of providing protection for intellectual property 
rights and indeed, had legislation in the field of intellectual property rights and was a party to several 
international conventions for the protection of inte llectual property rights for much of the twentieth 
century.  
The Patents Act of 1903 and the Patents and Designs Act of the United Kingdom for 
example, were among the earliest pieces of legisla tion governing the grant of patents in Barbados.  
The Merchandise Marks Act of 1949, later renamed the Trade Marks Act, is also the earliest statute 
found in the field of trade marks, while in the field of copyright, the 1911 Copyright Act, of the 
United Kingdom applied to Barba dos until its repeal in 1982. 
 
                                                     
 
1 As regards laws and regulations notified by Barbad os under Article 63.2 of the Agreement, reference 
is made to documents IP/N/1/BRB/1, IP/N/1/BRB/2,  IP/N/BRB/C/1, IP/N/1/BRB/D/1, IP/N/1/BRB/D/2, 
IP/N/1/BRB/G/1, IP/N/1/G/2, IP/N/1/BRB/I/1, IP/N/1 /BRB/L/1, IP/N/1/BRB/L/1/Add.1, IP/N/1/BRB/L/2, 
IP/N/1/BRB/P/1, IP/N/1/BRB/P/2, IP/N/1/BRB/P/3, IP/N/1/BRB/P/4, IP/N/1/BRB/P/5, IP/N/1/BRB/P/6, 
IP/N/1/T/1, IP/N/1/BRB/T/1/Add.1, IP/N/1/BRB/T/2. 
2 The minutes of this meeting were circulated as document IP/C/M/34. IP/Q/BRB/1, IP/Q2/BRB/1,  
IP/Q3/BRB/1, IP/Q4/BRB/1 Page 2 
 
 
The year 1979 constituted a significant milestone in the development of Barbados' intellectual 
property system.  That was the year in  which Barbados became a signatory to the Stockholm 
Convention Establishing the World Intellectual Property Organization.  From that year onwards, the 
island of Barbados embarked on a conscious policy of modernising its system of intellectual property 
rights by bringing its legislative framework in line with international treaties for the protection of 
intellectual property which it subsequently became a party to. 
 In 1981, three pieces of industrial property legislation were approved by the Barbados 
Parliament.  The first of these enactments was the Patents Act, 1981-55  which was intended, inter 
alia, to protect certain inventions for which patents or  other title of protection have been granted or 
applied for, so that the laws of  Barbados would accord with intern ational obligations to be adopted 
under the Paris Convention of 1883 and under the Patent Co-operation Treaty of 1970.  Secondly, the 
Trade Marks Act, 1981-56  was passed with the aim of protecting trade marks, service marks and 
collective marks registered under the Act, so that the laws of Barba dos would accord with obligations 
under the 1957 Nice Agreement concerning the Internati onal Classification of Goods and Services 
and under the Paris Convention of 1883.  Finally, the Industrial Designs Act, 1981-57 was passed in 
1981 for the purpose, inter alia,  of protecting industrial designs regist ered under the Act so that the 
laws of Barbados would accord with ob ligations to be undertaken under the Paris Convention of 
1883.  
A further move towards modernization of Barb ados' intellectual property laws occurred in 
1982, with the enactment of the Copyright Act, 1982-1 which was passed by Parliament and brought 
into law on 1 October 1982.  The Act was intende d to replace the 1911 copyright law of Barbados 
with laws that would accord with Barb ados' obligations to be assumed under the Berne Convention of 
1886. 
 
Following the enactment of the abovementioned four (4) pieces of intellectual property 
legislation in 1981 and 1982 respectively, Barbad os subsequently became a party to eight (8) 
international conventions and trea ties governing the protection of copyright and related rights and the 
protection of industrial property betwee n 1983 and 1986.  These were as follows: 
 Date of membership Convention or Treaty 
 
1.  1983-03-18 - Universal Copyright Convention (1952)  2.  1983-07-3 - Berne Convention for the Protection of Literary and   
   Artistic Works (1886); 
 3.  1983-07-30 - Geneva Convention for the Protection of Producers of    Phonograms Against Unauthorized Duplication of their    Phonograms (1971);  
4.  1983-09-18 - Rome Convention for the Protection of Performers,  
  Producers of Phonograms and Broadcasting 
   Organizations (1961);  5.  1985-03-12  - Paris Convention for the Protection of Industrial 
    Property (1883); 
 6.  1985-03-12 - Nice Agreement Concerning the International     Classification of Goods and Services for the purposes of     the Registration of Marks (1957); 
  IP/Q/BRB/1, IP/Q2/BRB/1,  
 IP/Q3/BRB/1, IP/Q4/BRB/1  Page 3 
 
 7.  1985-03-12  - Patent Cooperation Treaty (1970); and 
 
8.  1986-02-28  - Nairobi Agreement on the Protection of the Olympic     Symbol (1981). 
 
A further significant step towards modernization of Barbados' intellectual property rights regime 
occurred in 1988 with the enactment of the Corporate Affairs and Intellectual Property Office Act , 
Cap. 21A which vested responsibility for corporat e affairs and intellectual property rights in a 
specialized Office known as the Corporate Affairs and Intellectual Property Office headed by a 
separate Registrar. 
 Prior to 1988, responsibility for the grant and registration of trademarks, patents and 
industrial designs fell within the Supreme Court Re gistry headed by the Registrar of the Supreme 
Court.  At that time, the Supreme Court Registry  also functioned as a single entity for the deposit of 
records and documents relating to Supreme Court litig ation, births and deaths, land titles, mortgages 
and charges, company matters as well as the regi stration of trade marks, patents and industrial 
designs.  With the creation in 1988 of a single Offi ce with responsibility for corporate and intellectual 
property matters, the administration of intellectual property rights in Barbados was brought in line 
with other countries internationally which had l ong since developed special ized agencies for the 
administration of intellectual property rights. 
 
It will therefore be evident that when Barb ados signed the Uruguay Round Agreements on 
1 January 1995, Barbados was already familiar wi th, and had enacted intellectual property rights 
legislation in the areas of copyright, pate nts, trademarks and industrial designs. 
 
However, when Barbados became a party to the Uruguay Round Agreements in 1995, our 
laws relating to the administration and protection of intellectual property rights, though generally 
compatible with international conventions and trea ties to which the country was already a party, did 
not all meet the higher minimum standards stipulated in the TRIPS Agreement.  Legislative amendment to existing enactments was therefore requi red in a number of areas. Furthermore, the 
TRIPS Agreement also introduced obligations in re lation to completely new areas of intellectual 
property rights.  Accordingly, the Parliament of Barbados was required to pass legislation to address 
these completely new subject areas of intellectual property rights required under the TRIPS Agreement.  B. T
HE STATUS OF BARBADOS ' INTELLECTUAL PROPERTY RIGHTS REGIME ON 1 JANUARY 1995: 
Based on the foregoing background, Barbados' le gislative regime for intellectual property 
rights as at 1 January 1995 was therefore as follows:-  
(1) The Patents Act, 1981-55 (entered into force 1  January, 1985 ); 
(2) The Patents Regulations, 1984 (entered into force 14 May 1984);  
(3) The Industrial Designs Act , 1981-56 (entered into force 1 January, 1985);  
(4) The Industrial Designs Regulations , 1984  (entered into force 17 April, 1984)  
(5) The Trade Marks Act; 1981-57 (entered into force 1 January, 1985);  
(6) The Trade Marks Regulations, 1984 (entered into force 17
 April, 1984) ; 
(7) The Copyright Act, 1982-1 (entered into force 14  August, 1998 ); 
(8) The Corporate Affairs and Intellectual Property Office Act, 1988-6 (entered into force 
9 May 1988) . 
 
I will now outline the extent to which th e Government of Barbados has between 1998 and 
2001 amended its existing laws and introduced new inte llectual property rights legislation to meet its 
obligations under the TRIPS Agreement. IP/Q/BRB/1, IP/Q2/BRB/1,  
IP/Q3/BRB/1, IP/Q4/BRB/1 Page 4 
 
  C. T
HE EXTENT TO WHICH BARBADOS HAS BETWEEN 1995  AND 2001  ADJUSTED ITS LAWS AND 
PASSED NEW LEGISLATION TO MEET ITS TRIPS  OBLIGATIONS : 
In order to meet the higher standards of in tellectual property protection required under the 
TRIPS Agreement, the following package of intell ectual property laws was passed by the Barbados 
Parliament between 1998  and 2001:  
 
1) Copyright Act,  1998-4 (entered into force 14  August, 1998); 
2) Protection Against Unfair Competition Act,  1998-20 (entered into force February, 2001); 
3) Integrated Circuits Act,  1998-21 (entered into force 19 February, 2001); 
4) Geographical Indications Act,  1998-22 (entered into force 19 February, 2001); 
5) Integrated Circuits (Amendment) Act , 2001-15 (entered into force 6 August, 2001); 
6) Trade Marks (Amendment) Act,  2001-16 (entered into force 6 August, 2001); 
7) Protection of New Plant Varieties Act,  2001-17 (entered into force 6 August, 2001); 
8) Patents Act,  2001-18 (entered into force 6 August, 2001). 
 
I now propose to examine each piece of legisla tion separately and to outline the amendments 
which have been made, as well as the new provisions  which had to be put in place to ensure 
compatibility with the TRIPS Agreement.  1. The Copyright Act, 1998-4 
This Act repealed the Copyright Act of 1982  and generally implements the intellectual 
property standards contained in Articles 9-14 of  the TRIPS Agreement for copyright and its related 
rights.  The Act has clarified the system of  copyright protection especially in light of  the rapidly 
developing technology and the need to provide adeq uate protection to copyright owners.  This Act 
makes provision for moral rights in addition to economic rights in copyright;  protects computer 
programs within the ambit of literary works, as we ll as provides protection for electronic databases. 
  The term of protection provided under the Act is  for the duration of the right-holder's life, 
plus fifty (50)  years for most categories of works; and fift y (50) years from date of first performance 
or broadcast, depending on the nature of the works. 
 
 The Act also clarified the nature of economic rights to which a copyright owner is entitled by 
making provision for "communication to the public" a nd "rental or public lending of the work" among 
others.  The Act also made provision for prot ection for the neighbouring "mechanical" rights of 
producers of phonograms as well as performers. 
 
The Act provided for criminal sanction for th e unauthorised exploitation of copyrighted 
works as well as providing for civil remedies.  Such remedies include the making of Orders by the Supreme Court for the impounding of infringing copies of  works, and for the forfeiture and seizure of 
the instruments or equipment used to make such copies.  
Finally, the Act makes special provision for the enforcement of rights at the border as 
stipulated in Articles 51-59 of the TRIPS Agreement and allows for the seizure of pirated copyright 
goods by the Customs Department at the request of the right holder.  
2. The Protection Against Unfair Competition Act, 1998-20 
 The concept of "unfair competition" is not a new one and has since 1900 been defined in 
Article 10 bis
(2) of the Paris Convention to mean "any act of competition contrary to honest practices 
in industrial or commercial matters".  However, until the TRIPS  Agreement, the provision of  IP/Q/BRB/1, IP/Q2/BRB/1,  
 IP/Q3/BRB/1, IP/Q4/BRB/1  Page 5 
 
 protection against unfair competition was optional  and countries were under no mandate to expressly 
provide for such protection under their law.  Since Barbados did not have any legislation dealing with 
this subject matter prior to January 1, 1995, this w as another area in which new legislation had to be 
passed to ensure compatibility with the TRIPS Agreement. 
 
The Act implements Articles 39-40 of the TRIPS Agreement and, inter alia , defines the 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 misl ead 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 the rightful owne r of the information are also prohibited under the 
Act.  
The Act gives persons injured or likely to be injured by an act of unfair competition a 
statutory right to commence civil proceedings in the High Court for an injunction to prevent or 
prohibit the continuation of the act of unfair compe tition and enables an award of damages to be made 
in respect of the unfair competition.  
Also included in the definition of unfair competiti on are any act or conduct that consists of or 
results in an unfair commercial use by a Competent Authority or by other persons as a result of the 
improper disclosure (without the consent of the right holder) by a competent authority of secret tests 
or other data concerning pharmaceutical or agricult ural chemical products that utilise new chemical 
entities which secret tests or other data had been  submitted to the Competent Authority for the 
purpose of obtaining approval of the marketing of such products.  
The Act creates a criminal offence which ma y be instituted against any officer of a 
Competent Authority (to which secret informati on secret data or information pertaining to a 
pharmaceutical or agricultural chemical product h as been submitted for the purpose of obtaining 
marketing approval) who discloses such data or info rmation otherwise than as provided in the section. 
 
3. The Integrated Circuits Act, 1998-21 
 The provision of protection to the lay-out designs (topographies) of integrated circuits is 
another subject area of intellectual property rights protection in which Barba dos had no legislation at 
1 January 1995 and for which new legislation was required to ensure compatibility with the TRIPS 
Agreement.  
The Act implements Articles 35-38 of the TRI PS Agreement and provides protection for the 
layout designs of integrated circuits which are regi stered under the Act.  In accordance with Article 36 
of the TRIPS Agreement, the Act specifically pr ohibits any act by a person, without the express 
consent of the right holder whereby a protected de sign is reproduced, importe d, sold or otherwise 
distributed for commercial purposes.  
In accordance with Article 37 of the TRIPS Agre ement, the protection under the Act does not 
extend to innocent acts of reproduction, importation, sale or distribution of an integrated circuit 
incorporating an unlawfully repr oduced design.  In these circumst ances, section 7(2) of the Act 
requires payment to the right holder of an amount equal to a reasonable royalty as would be payable 
under a freely negotiated licence in respect of such a lay-out design. 
 
The period of protection under the Act is ten (10) years, commencing from the date of first 
commercial exploitation or the date of filing whichever is earlier.  As  with other classes of industrial 
property, applications for registration under the Act ar e made to the Registrar of the Corporate Affairs 
and Intellectual Property Office. 
 IP/Q/BRB/1, IP/Q2/BRB/1,  
IP/Q3/BRB/1, IP/Q4/BRB/1 Page 6 
 
 
4. The Integrated Circuits (Amendment) Act, 2001-15 
Earlier this year, it became necessary to p ass three important amendments to the 1998 
Integrated Circuits Act in order to (a) clarify the criteria for protection under section 3 of the Act;  (b) 
provide a right of appeal from decisions of the Regi strar and;  (c) confer a power on the Minister to 
make the subsidiary regulations for implemen ting the substantive provisions of the Act. 
 The Amendment Act was passed earlier this year a nd brought into force by publication in the 
Official Gazette with effect from 6 August  2001. 
 5. The Geographical Indications Act, 1998-22 
 Once again, this was another subject area of intellectual property rights protection in which 
Barbados had no legislation prior to 1 January 1995 and for which new legislation had to be enacted 
for TRIPS compatibility.  
The Act implements Articles 22-23 of the TRI PS Agreement and provides for the protection 
of geographical indications principally by means of a registration system.  Once again, responsibility 
for the registration of geographical indications is v ested in the Registrar of the Corporate Affairs and 
Intellectual Property Office. The Act, however, e xpressly states that protection under the Act is 
accorded to geographical indications whether or not they are registered under the Act. 
 
In accordance with Article 22 of the TRIPS Agreement, section 20 of the Act enables a 
trademark which contains or consists of a ge ographical indication with respect to goods not 
originating in the territory indicated to be refused or invalidated, where use of the indication would be such as would mislead the public as to the true place of origin of the goods.  
 Again, a required by Article 23 of the TRI PS Agreement, provision is made in section 21 of 
the Act for the refusal or invalidation of a trademark which  contains or consists of a geographical 
indication identifying wines or for spirits where such  wines or spirits do not originate in the territory 
indicated.   The Act provides the legal framework for inte rested persons to commence civil proceedings 
in the High Court to cancel the regi stration of a geographical indication or rectification of the register 
on the grounds that it does not comply with the stat utory requirements in relation to such indications. 
Interested parties may also institute proceedings in the High Court to prevent the improper use of 
geographical indications and other conduct which constitutes an act of  unfair competition.  In addition 
to the grant of an injunction, the Court may awar d damages and such other remedy or relief as the 
Court thinks fit. 
 
The Act also creates a criminal offence which may be heard before a magistrate court relating 
to the improper use and designation of geographical indications.  
6. The Trade Marks (Amendment) Act, 2001-16 
 As was outlined earlier in Part B of this presen tation, when Barbados became a party to the 
TRIPS Agreement, the 1981 Trade Marks Act, Cap. 319 was the applicable enactment governing the 
grant and registration of trademarks. However, following a review of its provisions, it became 
necessary to introduce a number of miscellaneous am endments to ensure co mplete compliance with 
Barbados' TRIPS obligations. 
 
 An amendment to the Trade Marks Act was passed earlier this year and entered into force by 
publication in the O ficial Gazette on 6 August 2001.  IP/Q/BRB/1, IP/Q2/BRB/1,  
 IP/Q3/BRB/1, IP/Q4/BRB/1  Page 7 
 
 
In accordance with Article 20 of the TRIPS Ag reement, section 5A of the Act expressly 
provides that the use of a trademark in the course of trade shall not be unjustifiably encumbered by 
any special requirement, including use with another trademark, use in a special form or use in a 
manner detrimental to the mark's capability of dist inguishing the goods or services of one enterprise 
from those of another enterprise. 
 
The Amendment Act also provides in sections 50A to 50E, inter alia, for the imposition of 
criminal penalties in cases of wilful trademark c ounterfeiting as contemplated by Article 61 of the 
TRIPS Agreement and introduces judicial procedures  for the forfeiture and destruction of: (a) goods 
which, or the packaging of which bears signs identi cal to or likely to be mistaken for a registered 
mark;  (b) material intended to be used for labeling,  packaging or advertising of goods or;  (c) articles 
specifically designed or adapted for making counterfeit copies of a registered mark.  
In accordance with the special requirement rela ted to border measures contained in Articles 
51- 60 of the TRIPS Agreement, sections 53A to 53M of the Trade Marks (Amendment) Act, 2001-16 
set out the procedures which will enable rights hold ers to request the detention at the border of 
counterfeit trademark goods pending the institution of j udicial proceedings for infringement in respect 
of the mark.  
7. The Protection of New Plant Varieties Act, 2001-17 
 This was another subject area in which new le gislation was required to ensure compatibility 
with the TRIPS Agreement.  
In accordance with Article 27.3(b) of the TR IPS Agreement, Barbados opted to pass 
sui generis legislation for the protection of the rights of  plant breeders and developers of new plant 
varieties. 
 
The Act vests responsibility for the administration of the Act in the Registrar of Corporate 
Affairs and Intellectual Property Office jointly with the  Chief Agricultural Officer who will assist the 
Registrar with the technical aspects of the application and the provision of technical advice and support in relation to the application. 
 
The Act makes provision for the grant of plant breed er's rights in respect of (a) vines, forest 
trees, fruit trees and ornamental trees for a period of twenty-five (25) years from the grant and (b) all other genera or species for a period of twenty (20) years after the grant thereof.  
As with the other categories of industrial prope rty rights, the Act provides for the possibility 
of appeals to the High against any decision or act of the Registrar [section 43]; for the institution of an action in the High Court for invalidation of the plant breeder's right in specified circumstances [section 42]; and for the institution of civil proceedi ngs in respect of any act which infringes the plant 
breeder's right. 
 
The Act also facilitates the grant of an injunction prohibiting the infringement, the award of 
damages for the infringement, the making of an or der for the delivery up and destruction of any 
product relating to the infringement, the making of an  order for an account of any profits derived by 
the defendant from the infringement and a declarati on that the plant breeder's right is valid and has 
been infringed by the defendant. [section 44]. 
 
The Act also creates criminal offences in relati on to the wilful offering for sale or marketing 
of propagating material of a protected variety and the wilful making use of the registered variety denomination of a variety protected in Barbados or  the making use of a denomination likely to cause 
confusion with a protected variety. IP/Q/BRB/1, IP/Q2/BRB/1,  
IP/Q3/BRB/1, IP/Q4/BRB/1 Page 8 
 
 
8. The Patents Act, 2001-18 
As was outlined earlier in Part B of this presen tation, when Barbados became a party to the 
TRIPS Agreement, the 1981 Patents Act , Cap.314 was the applicable enactment governing the grant 
and registration of patents in Barb ados.  However, following a review of its provisions, it was decided 
to repeal the existing Act with appropriate savings for pending applications a nd granted patents and to 
enact a completely new patents law in order to clarify and modernize the existing procedures and 
bring patents law and practice in Barbados into c onformity with modem trends in patent law and 
practice internationally.  
In accordance with Article 27.1 of the TRIPS Agre ement, patents are available in Barbados in 
all field of technology for inventio ns (whether relating., to a product or to a process) which meet the 
criteria for patentability laid down in the Act.  Section 11 of the Act excludes from patentability 
inventions which involve, inter alia, discoveries, scientific theories and mathematical methods, 
diagnostic methods practiced on human beings or anim als, methods for treatment of human beings or 
animals by surgery or therapy, plant varieties, animal varieties and biological processes for the 
production of plants other than microbiological processes and the products of those processes and 
inventions, the commercial exploita tion of which would be contrary to public order or morality or 
which is prejudicial to human or animal hea lth or to plant life or to the environment. 
 
In accordance with Article 33 of the TRIPS Agreement, the new Patents Act increases the 
period of duration for the grant of a patent in Barb ados from fifteen (15) years to twenty (20) years 
from the filing date.  
The new Act now gives a more precise defin ition of the term "filing date" and unlike the 
1981 Act clarifies the procedures for the processing of  international applications filed under the 
Patent Cooperation Treaty. Such applications are accorded the international filing date which is 
treated as the actual filing date in Barbados.   
 
As with the other categories of industrial prope rty rights, the Act provides for the possibility 
of appeals to the High Court against any decision or act of the Registrar [section 51]; for the institution of an  action in the High Court for inva lidation of the patent in specified circumstances 
[section 56]; and for the institution of civil pro ceedings in respect of any act which infringes, 
patent.[section 52].  
The Act also creates a criminal offence in rela tion to the deliberate infringement of any right 
vested in any other person under the Act. [section 62.] 
 
D. A
REAS OF OUTSTANDING LEGISLATION STILL REMAINING TO BE FINALIZED : 
It should be pointed out that Barbados is s till in the process of finalizing the last few 
remaining areas of legislation required fo r complete compatibility with the TRIPS  Agreement. 
Cabinet approval has also been given for amendment to the Copyright Act, 1998 and the making of the 
following pieces of subsidiary legislation which ar e now scheduled to be published and put in place 
before the end of the current year. The remain ing pieces of legislation to be finalized are: 
 
1. Copyright (Amendment) Bill, 2001:  
[Note:  This Bill would amend the 1998 Copyright Act  to clarify, inter alia , the circumstances 
in which charitable organizations may use copyright material without a licence. The 
Amendment Bill is being finalized and is likel y to be debated in the Barbados Assembly 
before the end of the year.] 
  IP/Q/BRB/1, IP/Q2/BRB/1,  
 IP/Q3/BRB/1, IP/Q4/BRB/1  Page 9 
 
 
2. Integrated Circuits Regulations, 2001: 
 
[Note:  These Regulations would give further effect to the Act by regulating the application 
process, the procedure on opposition hearings.  Th e Regulations will also make provision for 
the applicable forms and fees and generally give e ffect to the Act.  The text of the Regulations 
has been finalized and the Regulations  will shortly be signed and published.] 
 
3. Geographical Indications Regulations, 2001: 
 
[Note:  These Regulations would give further effect to the Act by regulating the application 
process and setting out the applicable forms and fees  and generally give effect to the Act.  The 
text of the Regulations has been finalized and the Regulations will shortly be signed and 
published.] 
 
4. Protection of New Plant Varieties Regulations, 2001:  
[Note:  These Regulations will govern the proce dure to be followed in the examination and 
administration of the applications for the gr ant of plant breeder's rights as well as make 
provision for the applicable forms and fees and gene ralIy give effect to the Act.  The text of 
the Regulations has been finalised and the Re gulations will shortly be signed and published.] 
 
5. Protection of New Plant Varieties Order, 2001: 
 
[Note:  This Ministerial Order to be made under section 5 of the Act, will list some 45 plant 
genera and species to which the Act will apply.  The Order has been approved by Cabinet and 
the Order will shortly be  signed and published.] 
 
6. Copyright (Prohibited Imports) Regulations, 2001: 
 
[Note:  These Regulations serve to give effect to section 49 of the Act and set out the forms to 
be employed in relation to the "border measures"  applicable in respect of pirated copyright 
goods.  The text of the Regulations is currently  being finalised and will need to be approved 
by the Cabinet before they are made by the Minister and published.]  
7. Copyright (Copying of Protected Works by Librarians) Regulations, 2001: 
 
[Note:  These Regulations serve to give effe ct to section 60-64 of the Act and set out the 
circumstances in which certain categories of lib rarians and archivists may without infringing 
any copyright subsisting in a protected work, ma ke and supply in whole or in par copies of 
such works.  The text of the Regulations is currently being finalized  and will need to be 
approved by the Cabinet before they ar e made by the Minister and published.] 
 
8. Copyright Tribunal Regulations, 2001: 
 
[Note:  These Regulations serve to give effect  to Part VII of the Act in relation to the 
functioning of the Copyright Tribunal. The text of the Regulations is currently being finalized 
and will need to be approved by the Cabinet before they are made by the Minister and 
published.] 
 IP/Q/BRB/1, IP/Q2/BRB/1,  
IP/Q3/BRB/1, IP/Q4/BRB/1 Page 10 
 
 E. T
HE TRIPS NOTIFICATION PROCESS , QUESTIONS RECEIVED BY BARBADOS AND OUR 
RESPONSES THERETO : 
 On or about 25 May 2001 in  accordance with Article 63.2 of the TRIPS Agreement, Barbados 
forwarded to its Permanent Mission in Geneva for transmission to the TRIPS Council, the prescribed 
Notification documents consisting of : 
 
• Barbados' main dedicated intellectual propert y laws and regulations listed in Annex I; 
• Relevant Other laws and re gulations listed in Annex II; 
• English texts of all laws  listed in Annex I and II; 
• Barbados' Responses to the Checklist on Enforcement. 
 
In September, 2001, the texts of four add itional enactments which were Gazetted on 6 August 
2001, were forwarded to the Permanent Mission in Geneva for transmission to the TRIPS Council. 
These Acts were, the Integrated Circuits (Amendment) Act, 2001-15, the Trade Marks (Amendment) 
Act , 2001-16, the Protection of New Plant Varieties Act, 2001-17  and the Patents Act, 2001-18. 
  To date, Barbados has received the following questions relative to the Review of its TRIPS 
implementing legislation, namely:  
(1) Two (2) questions from Cana da to which Barbados' written 
responses were submitted through the Permanent Mission in 
Geneva; 
(2) Eight (8) questions from Switzerland to which Barbados' 
responses were submitted through the Permanent Mission in Geneva; 
(3) Fifty-eight (58) questions from the European Communities and 
their Member States; 
(4) Thirty-four (34) questions from the United States of America; and (5) One (1) question from Japan; and (6) One question from Australia. 
 
The Canadian government was largely concerne d about Barbados' positi on on infringement of 
trademarks and the reciprocal protection afforded  to owners of copyrighted works from other 
jurisdictions in Barbados.  
 
The questions received from Switzerland were wide r in scope in terms of their subject matter. 
The Swiss Government wished to have details of the process involved in applications for trademarks; 
whether there was adequate protection for patents a nd plant varieties; the extent of protection of 
undisclosed information; and the plans and programmes of the Government of Barbados in relation to 
enforcement of intellectual property laws.  
 
The questions received from the European Commission, the United States of America and 
Japan were, however, only received by the persons responsible for preparing responses last week. 
While the question from Australia was received by  the Barbados Mission in Geneva on Monday It 
was therefore not possible to prepare responses to these questions in time for this week's Review 
Meeting. Responses to the questions from the E.C, the USA, Japan and Australia are under 
preparation and will be forwarded to the TRIPS Council as soon as possible. 
 
F. B
ARBADOS ' POSITION IN RELATION TO ADDITIONAL QUESTIONS : 
I wish to thank you Chairman and distinguished de legates for your attention and trust that this 
presentation, together with the detailed writte n responses to the questions from Canada and  IP/Q/BRB/1, IP/Q2/BRB/1,  
 IP/Q3/BRB/1, IP/Q4/BRB/1  Page 11 
 
 Switzerland previously submitted (and those to th e questions from the European Commission, the 
United States of America, Japan and Australia curren tly under preparation) will mean that there are no 
further questions.  
Should further written follow-up questions be received from any country during the course of 
the Meeting, the Barbados delegation is proposing,  depending on the volume and complexity of such 
questions, to prepare a written response to each qu estion for submission to the Council in time for the 
next TRIPS Council Meeting.  
 
II. RESPONSE TO A QUESTION POSED BY AUSTRALIA 
P
ATENTS (INCLUDING PLANT VARIETY PROTECTION ) 
 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 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; 
 (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 processed for the 
production of plants other than microbi ological 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. IP/Q/BRB/1, IP/Q2/BRB/1,  
IP/Q3/BRB/1, IP/Q4/BRB/1 Page 12 
 
  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 th e UPOV Model Law for Small Developing Countries 
obtained through the World Intellectual Property Or ganization (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.  
 
III. RESPONSES TO QUESTIONS POSED BY CANADA 
1. What recourse do right holders have in respect of wilful trademark counterfeiting or 
copyright piracy on a commercial scale, as required by Article 61? 
  All rights holders may seek redress for any infringement of their legal rights through civil 
proceedings in the Supreme Court as outlined in Ba rbados' response to question 1 of the Checklist of 
Issues on Enforcement.
3 
  Further, please refer to our response to question 24 of the Checklist of Issues on Enforcement.
1  This response reads as follows: 
 
 It is an offence under section 48 of the Trade Marks Act, for a person to apply to goods or 
their packaging a trademark identical to or capable of  being confused with a registered trademark.  It 
is also an offence to sell or let for hire, offer or e xpose of sale or hire, or to distribute, goods that bear 
such an infringing trademark.  Possession of such  goods with the intent to do any of the acts 
mentioned above will also constitute an offence. 
  It is an offence for a person to apply an infringing mark to goods without consent of the registered owner of the mark, with a view to en riching himself or causing loss to another.  This 
applies to use of any item used in the reproduction of that infringing mark.  
 It is also an offence to make  an item that will enable a person to make copies of an infringing 
mark.   Under section 49(1) of the Trade Marks Act it is an offence for a person to knowingly infringe any rights in a registered trademark vest ed in a person under the Act.  The penalty for 
infringement under section 50 of the Act before a Court of summary jurisdiction is a fine of 
BD$10,000.00 or a term of imprisonment of two years, or both;  in the case of a continuing offence, a further fine of BD$1,000.00 for each day the offence continues may be imposed. 
  Under section 46 of the Copyright Act, the penalty for infringement for profit-making 
purposes by a person knowing or having reason to belie ve that he is committing an infringement, in 
summary conviction is a fine of BD$25,000.00 and/ or to one year's imprisonment.  The defendant 
convicted on indictment may receive a fine of  BD$100,000 and/or three years imprisonment. 
  Where there has been no decision on such remedi es in civil proceedings, the Magistrate or 
Judge has the inherent jurisdiction to order th e impounding of suspected copies of works on sound 
recordings, as well as the implements that could be u sed for the making of such copies;  to order the 
forfeiture and seizure of all copies of works or sound recordings manufactured, reproduced, 
distributed, sold or otherwise use, intended for use or possessed with intent to use in contravention of 
                                                     
 
3 Document IP/N/6/BRB/1.  IP/Q/BRB/1, IP/Q2/BRB/1,  
 IP/Q3/BRB/1, IP/Q4/BRB/1  Page 13 
 
 the rights of the owner and all plates, moulds, master s, tapes, film negatives or other articles by means 
of which such copies of works or sound recordings  may be reproduced and all electronic mechanical 
or other devices for manufacturing, reproducing or  assembling such copies of works or sound 
recordings;  to order the destruction or other reasonable disposition of infringing copies. 
 
 Where an offence under section 46 committed by a body corporate is proved to have been 
committed with the consent or connivance or attri butable to neglect on the part of any director, 
manager, secretary or person purporting to act in  any capacity, he as well as the body corporate is 
guilty and liable to the above penalties. 
 
 The court retains inherent jurisdiction to fo rfeit counterfeit goods on the application of a 
person under the section.  On such forfeiture, the c ourt can order the destruction of any such goods;  
or cause the offending sign to be erased or obliterated and make an order for costs. 
 2. What protection does your copyright legislation afford to "foreign works". 
 
 Section 142 of the Barbados Copyright Act provides that:  
 "(1) Subject to this section, the Minister may, by order, provide for reciprocal treatment to 
be given to any country that provides protection in respect of Barbados: 
 
(a) in relation to persons who are citizens or permanent residents of that country 
as they apply to persons who are citizen s or permanent residents of Barbados; 
 (b) in relation to bodies incorporated or established under the laws of that 
country as they apply in relation to bodies incorporated or established under 
the laws of Barbados; 
 (c) in relation to litera ry, dramatic, musical or artistic works, sound recordings, 
films and editions first published in th at country as they apply in relation to 
such work, sound recordings, films and editions first publis hed in Barbados; 
 
  (d) in relation to broadcasts made from or cable programmes sent from that 
country as they apply in relation to broadcasts made from or cable programmes sent from Barbados; 
 
  (e) in relation :  
   (i) to performances taking place in that country or given by an 
individual who is a citizen or habitual resident of that country; 
   (ii) to performances incorporated in a phonogram which is protected by 
Article 5 of the Rome Convention; or 
 
(iii) to performances;  not being fixed on a phonogram that are carried by 
a broadcast which is protected by Article 6 of the Rome Convention, as they apply in relation to perform ances taking place in Barbados or 
given by an individual who is a citizen or habitual resident of 
Barbados. 
(2) An order made under subsection (1) may appl y any provision of this Act in relation to 
any country: 
 IP/Q/BRB/1, IP/Q2/BRB/1,  
IP/Q3/BRB/1, IP/Q4/BRB/1 Page 14 
 
 
(a) without exception or modification or subject to such exceptions and 
modifications as may be specified in the order; 
(b) generally or in relation to such cl asses of works or other classes of case as 
may be so specified. 
 
(3) An order shall not be made under subsec tion (1) in relation to any country unless: 
 
(a) the Country is a Convention country; or  
(b) a country as to which the Minister is satisfied that provision has been made or 
will be made under the law in respect of the class of works or, as the case 
may be, the performances, to which the order relates, giving adequate protection to the owner of copyright under this Act or, as the case may be, to Barbadian performances as defined in section 143(4). 
 
(4) In this section 'Convention country' means a country that is party to a Convention 
relating to copyright or performers rights, as the case may be, to which Barbados is 
also a party." 
 
 In light of this section, the relevant Minister may enter into reciprocal agreements with other 
countries in order to make protective arrangements for copyrighted works created by non-Barbadians.  
At common law, Barbados treats all copyrighted work, whether indigenous or imported, as protected.   
IV. RESPONSES TO QUESTIONS POSED BY THE EUROPEAN COMMUNITES 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 interes t in sectors of vital importance to your socio-
economic and technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explain how such me asures 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 th e 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 organi zation 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 circum stances 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/Q/BRB/1, IP/Q2/BRB/1,  
 IP/Q3/BRB/1, IP/Q4/BRB/1  Page 15 
 
  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 pr ogrammes are protected in section 2 as literary 
works. (Please refer to the definitions of "litera ry works" and "computer programme" in the Act.)  
Protection of "literary works" is provided under th e terms of section 6. No explicit definition of 
"database" is contained in the Act.  Nonetheless, th e 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 so und recordings extends to sound recordings 
of musical works only or also to other types of  phonogram, 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 defi nition 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 th ereof 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 record ings 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. What 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 origin als 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 Prot ection of Literary and Artistic Works ( the 
"Berne Convention") (the obligation of which derives from 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. IP/Q/BRB/1, IP/Q2/BRB/1,  
IP/Q3/BRB/1, IP/Q4/BRB/1 Page 16 
 
 
6. Please define what constitutes a "reasonable extract" for the purposes of Section 72.1 of 
the Act.  
 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 fo r determination by the High Court which in the 
course of hearing the infringement action will ma ke 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 legislatio n 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 the 
Geographical 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 compet ent authority for dealing 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 po ssibility 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 implemen ts 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 discussion of the provisional measures which may be 
employed in Barbados in relation to the alle ged infringement of intellectual property rights. 
  IP/Q/BRB/1, IP/Q2/BRB/1,  
 IP/Q3/BRB/1, IP/Q4/BRB/1  Page 17 
 
 
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. 
 
13. Please indicate whether or not procedures are available to suspend the exporting of 
counterfeit goods.  
 The procedures implement Article 51 of the TR IPS 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 info rmation 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,  1981(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, combinati ons 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 th e 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 by 
the Trade Marks (Amendment) Act 2001-16) and section 20 of the Geographical Indications Act, Cap. 1998-22.] 
 IP/Q/BRB/1, IP/Q2/BRB/1,  
IP/Q3/BRB/1, IP/Q4/BRB/1 Page 18 
 
 
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 such as 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 defines 
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 su ch 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 pr ovided 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 of 
the 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 tr ade shall not be unjustifiably encumbered by any 
special requirement, including use with another tr ade 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 implemen ts 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 pr ovisional measures which may be employed in 
Barbados in relation to the alleged infringemen t of intellectual property rights. Additionally, 
protective measures are also available to the regi stered owner and licensee of a mark in accordance 
with sections 38-40 of the Trade Marks Act, 1981 in cases of the infringement or imminent infringement of the mark.    IP/Q/BRB/1, IP/Q2/BRB/1,  
 IP/Q3/BRB/1, IP/Q4/BRB/1  Page 19 
 
 
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 d ealing 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. 
 
 The procedures implement Article 51 of the TR IPS 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 r espect 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 implemen ts Article 61 of the TRIPS Agreement. 
 
 Please refer to sections 50A-50E of the Trade 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 unde r 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 ge ographical 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 Barb ados. Please provide examples of such words 
considered as generic in your jurisdiction. 
 
 Please see section 2 (c) of the Geographical I ndications Act, 1998-22, which is couched in 
identical wording to Article 22.1 of the TRIPS Agreement.  Section 5 of the Act excludes from 
protection as geographical indications, indications that (a) do not correspond to the definition in 
section 2(c) of the Act, (b) offend against public or der 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 rela ting to this subject matter of intellectual property 
in Barbados, we are unable to provide examples as requested. IP/Q/BRB/1, IP/Q2/BRB/1,  
IP/Q3/BRB/1, IP/Q4/BRB/1 Page 20 
 
 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 do es 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 th rough description, use, or in any other manner, 
anywhere, at any time before the date of an a pplication under this Act or before the priority 
date properly claimed for the industrial design." 
 
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 secti on 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 criteri a 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 repr oduced.  A registered owner of an industrial design 
or 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 pr ovides for the right to issue a compulsory 
licence for industrial designs.  
 The Act does not contemplate the use of compul sory 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 appli cation; the applicant 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.   IP/Q/BRB/1, IP/Q2/BRB/1,  
 IP/Q3/BRB/1, IP/Q4/BRB/1  Page 21 
 
 F. P
ATENTS – PATENTS ACT 2001  AND PATENT REGULATIONS 1984 
34. Where exclusions to patent rights are provide d 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; 
 
(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 microbi ological 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, no 
application containing these elements is accepted by the Registrar as valid. 
 
35. Please explain whether your legislation providi ng 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 inventions  relating to such methods as the cloning of human 
beings, the alteration of human gene tic 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 le gislation. Please explain, in this respect, the 
relevant sections of your legislation.  
 Except as provided in section 11 quoted in th e response to Q. 34, such processes would be 
protected. IP/Q/BRB/1, IP/Q2/BRB/1,  
IP/Q3/BRB/1, IP/Q4/BRB/1 Page 22 
 
 
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 gran ted under the Act to prevent any other person from 
exploiting the patented invention without the owner's consent. Section 5(2) describes the "acts of 
exploitation" 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 a ffirmative, please indicate the legal reference. 
 
 The Patents Act provides in section 4 that an i nvention is an idea that provides or enables a 
practical solution to a specific problem in technolog y and that an invention can be or relate to a 
product or a process.  Except for unpatentable inve ntions 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 applic able. Barbados routinely grants patents protecting 
various pharmaceutical and agricultural chemic al products and their related processes.  
 39. Please clarify if the patent protection of a pr ocess, as provided for in your legislation, 
covers the product obtained directly by that process.  
 Such coverage will only apply in the event th at 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 Articl e 29 of the TRIPS 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 le gislation and describe the additional conditions 
in detail. 
 
 Please see sections 17-21 of the Act.  There ar e 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 essenti al sector of the economy of Barbados (Section 49 
(iv) of the Act).  
 These circumstances in which com pulsory licences may be granted in Barbados are set out in 
section 49 of the Act. The section will operate wh enever public policy dictates that circumstances 
affecting an essential sector of the Barbados econo my have arisen which require the exploitation 
within Barbados of an invention protected by pate nt. 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) wh en 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 th e patented invention and the need to correct anti-
competitive practices in determining payment to the patent holder. To date the section has not been 
invoked. 
  IP/Q/BRB/1, IP/Q2/BRB/1,  
 IP/Q3/BRB/1, IP/Q4/BRB/1  Page 23 
 
 
42. Please explain how your legislation explicit ly ensures that a proposed user has made 
efforts to obtain authorization from the ri ght holder on reasonable commercial terms and 
conditions and that such efforts have not been su ccessful within a reasonable period of time. In 
this context, how do you define "reasonable p eriod of time".  Please also explain how your 
legislation ensures that the use of a compulsory 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 facts 
into considerations.   In the event of a national emergency, e.g. a national health emergency, our 
Courts would be likely to regard as unreasonable attempts by the patent holder to "hold the 
Government over a barrel" by imposing non-commer cial terms and conditions for the award of a 
contractual licence and attempting to engage in pr otracted 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 Courts 
might 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.  
 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 fo r 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 distribut ion 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. 
 
 Under the provision of section 6(2)(b), the In tegrated Circuits Act, 1998-21 (as amended) 
expressly prohibits the importation, sale or distribut ion of the protected layout-design or integrated 
circuits 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 that it contains an unlawful topography.  
 
 Please see section 7(1) of the Act, which incorpor ates the wording of Article 37 of the TRIPS 
Agreement.  In accordance with Article 37 of the TRIPS Agreement, the prot ection does not extend to IP/Q/BRB/1, IP/Q2/BRB/1,  
IP/Q3/BRB/1, IP/Q4/BRB/1 Page 24 
 
 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 circ umstances affecting the public interest of 
Barbados at the time, and will be determined by the Minister res ponsible for administration of the 
Act, 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 valu e of the use of the patented invention and the 
need to correct anti-competitive pr actices in determining 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 Ac t 1998-20 does not specify a time span for the 
protection of secret information. 
 
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 defi nes data 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 fo r effective action against infringement of 
intellectual property rights. 
  Please refer generally to Barbados's respon ses to the Checklist of Issues on Enforcement 
(document IP/N/6/BRB/1). 
 
53. Please explain whether or not your legislat ion 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 a ppealed 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 the Geogra phical Indications Act, 1998-22 and section 51 of 
the Patents Act, 2001-18.] Additionally, the Admini strative Justice Act Cap 109B of the Laws of 
Barbados provides a general statutory remedy of judici al 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 .   
  IP/Q/BRB/1, IP/Q2/BRB/1,  
 IP/Q3/BRB/1, IP/Q4/BRB/1  Page 25 
 
 
54. Please quote provisions of your legislation 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 Against Unfair Competition Act 1998; 
 
(g) Section 52 of the Trade Marks Act 1981 (as amended). 
 
55. Please quote what provisions of your legisl ation 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). 
 
56. Please quote what provisions of your legisl ation 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 implemen ts 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 implemen ts 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).  IP/Q/BRB/1, IP/Q2/BRB/1,  
IP/Q3/BRB/1, IP/Q4/BRB/1 Page 26 
 
 
V. RESPONSE TO A QUESTION POSED BY JAPAN 
C
OPYRIGHT AND RELATED RIGHTS  
 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.  
 There are no such exceptions or exemptions un der the provisions of the Barbados Copyright 
Act, 1998-4. The text of the Act was notified to the World Trade Organization for examination by member states. 
 
 
VI. RESPONSES TO QUESTIONS POSED BY SWITZERLAND 
A. T
RADEMARKS  
1. Please explain how your legislation implements Article 62.2 of the TRIPS Agreement.  
Please indicate how long it takes on average to  register a trademark.  Please cite the relevant 
provisions of your law. 
 
 Under the provisions of section 19 of the Trade Marks Act Cap. 319 of the Laws of Barbados, 
the grant and registration of the rights of the holder of the Mark are to be registered, once the requirements of the Act are satisfied.  The relevant section reads: 
 
 "After all requirements of this Act governing th e registration of a mark have been complied 
with in the case of an application, the applicant is entitled, on payment of the prescribed fee, 
to have the mark registered under this Act." 
 
Provided that the application is in order in a ll respects, and there are no oppositions to the 
application, a trademark is registered, on average,  approximately seven (7) months after the date of 
receipt of the application, inclusive of publication in  the Official Gazette of the mark.  Both the Trade 
Marks Act and the Trade Marks (Amendment) Act 2001, have been notified to the World Trade 
Organization. 
 
B. PATENTS  
2. Does your legislation grant patent protection for inventions relating to products and 
processes in all fields of technology?  Are there an y exceptions?  If so, please explain what these 
exceptions are and how they comply wi th Article 27 of the TRIPS Agreement. 
 
 The Patents Act 2001 does not grant patent protec tion in all technological fields. For instance, 
the protection of plant varieties as contemplated in  Article 27.3 is not cons idered under the Patents 
Act, but instead under the provisions of the Protec tion of New Plant Varieties Act 2001.  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 th eories and mathematical methods; 
  IP/Q/BRB/1, IP/Q2/BRB/1,  
 IP/Q3/BRB/1, IP/Q4/BRB/1  Page 27 
 
 
  (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 processed for the 
production of plants other than micr obiological processes and the products of 
those processes; or 
  (f) an invention, the commercial exploitatio n 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 Patents Act 
2001 has been notified to the World Trade Organization. 
 
Follow-up question
: 
 
Please explain whether your legislation pr ovides for other exceptions to patent 
protection besides the ones mentioned in your answer. 
 No, as perusal of the Act will confirm, secti on 11 is the only section in the Patents Act, 2001-
18 which sets out the exceptions to patent protec tion in Barbados. New plant varieties are not 
patentable but are protected by sui generis legislation in the form of the Protection of New Plant Varieties Act, 2001-17.   3. Does your legislation, in accordance with Arti cle 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)? 
 
 No.  Please refer to our answer to question 4.  Follow-up question:
 
  In your answer you mention that importation is not considered as "working" a patent.  
Please indicate whether, in Barbados, a compul sory licence on the grounds of non-working can 
be issued even if the product is being imported.  If this should be the case, please explain how 
this complies with the obligation of Article 27.1, providing that patent rights shall be enjoyable 
without discrimination as to whether products  are being imported or locally produced. 
 
 It should be pointed out that the earlier res ponse to question 3 merely answered the specific 
question posed by Switzerland regarding whethe r the Barbados Patents Act, 2001-18 expressly IP/Q/BRB/1, IP/Q2/BRB/1,  
IP/Q3/BRB/1, IP/Q4/BRB/1 Page 28 
 
 addressed the issue as to whether importation of a patented product is "working" a patent for 
compulsory licensing purposes.  Based on the terminology employed in our Act, importation of a patented product is not considered to be "working"  a patent.  Rather, it is included in the notion of 
"exploitation" of a patent.  
 By way of clarification, attention is drawn to  the fact that the Barbados Patents Act, 2001-18 
employs the wide term "exploitation" in sections 49 and 50.  The concept "exploitation" is wide 
enough to encompass both the notion of the local “working” of the patented process as well as the "importation" of the patented product into Barba dos.  See for example section 50(1) of the Patents 
Act, 2001-18 which enables an inte rested person to apply to the High Court for the grant of a non-
voluntary licence under a patent on the ground that the patented invention is not "exploited" or is 
"insufficiently exploited" by working the inve ntion locally or by importation in Barbados. 
 
In accordance with Article 31 of TRIPS, sec tion 49 of the Patents Act, 2001-18 permits a 
non-voluntary licence to be issued in the public inter est in the following two (2) situations, either (i) 
in cases where the invention is not being "exploited" in Barbados and such "exploitation" is in the 
opinion of the Minister necessary in the public interest and (ii) in cases where the manner of 
"exploitation" by the patent holder or his licensee has been determined by the High Court to be anti-
competitive.  
 
In these cases, the term "exploitation" covers both the notion of the local "working" of the 
patented process as well as the "importation" of th e patented product into Barbados and consequently 
is in conformity with the obliga tion of Article 27.1, providing that patent rights shall be enjoyable 
without discrimination as to whether products are being imported or not.  
 
4. Does your legislation make the granting of  a compulsory licence subject to all the 
conditions enumerated in Article 31 of the TR IPS Agreement?  Please cite the relevant 
provisions of law. 
 
 The Patent Act 2001 makes provision in section 49 for the issuing of compulsory licences in accordance with Article 31 as follows: 
 
"(1)  Where:    (a) the exploitation within Barbados of an invention protected by patent is, in the 
opinion of the Minister, necessary 
 
 (i) in the interests of national security;   (ii)  in the interests of national health;   (iii)  in the interests of national nutrition; 
 
 (iv)  in the interests of the development of an essential sector of the 
economy of Barbados; or 
  (v)  for other public interests; 
 
  (b) the High Court has determined that  the manner of exploitation by the owner 
of a patent or his licensee is anti-competitive, 
   the Minister may, without the consent of the owner of patent, but subject to the 
payment of a reasonable amount for the exploitation, authorize by order the  IP/Q/BRB/1, IP/Q2/BRB/1,  
 IP/Q3/BRB/1, IP/Q4/BRB/1  Page 29 
 
 
exploitation of the invention in Barbados by  the Crown, by a government agency or 
by any person named in the order." 
  The section goes on to set out in exact detail the process by which such authorization will be 
made, and these provisions are similar to the provisions  of Article 31 in terms of the payment of the 
"reasonable amount" the minister is to take into acco unt the economic value of the patent and the need 
to correct anti-competitive practices.   As a safeguard to the owner's interests, any requ est to the Minister for a grant of a compulsory 
licence must be accompanied by evidence that a re quest for a contractual licence was made to the 
owner, but the requesting party is unable to obtai n the licence on reasonable commercial terms and in 
a reasonable time.  The jurisdiction for the review of  the grant of the licence is vested in the High 
Court.  All other provisions are in accordance with Ar ticle 31 in full.  This Act has been notified to 
the World Trade Organization.  5. Does your legislation provide for the principle of the reversal of burden of proof in a 
process patent litigation?  Please cite the relevant provisions of law. 
 
 There is no reversal of the burden of proof before the High Court under these circumstances. 
 Follow-up question:
 
  In your answer you mention that your legi slation does not provide for the possibility of 
the judicial authority to order the reversal of the burden of proof in a process patent litigation.  Please explain how this complies with the obli gation of Article 34 of the TRIPS Agreement.  
  It is our understanding that Article 34.1 of the TRIPS Agreement specifies cases in which 
contrary to normal evidentiary rules, the judicial  authorities may require the alleged infringer to show 
that he did not infringe the pro cess patent.  Although the Patents Ac t does not appear to address the 
reversal of the burden of proof explicitly, please  see section 60 of the Patents Act, 2001-18 for  further 
assistance regarding the powers of the High Court in infringement proceedings.  
 
C. P
ROTECTION OF UNDISCLOSED INFORMATION  
6. Please explain in detail if your legislation ensures that undisclosed test or other data 
submitted by an applicant to the responsible State agency in the procedure for market authorisation of a pharmaceutical or of an agr icultural 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 auth orisation for a similar product.  Does your 
legislation provide for exceptions to this?  If yes, under what conditions would such exceptions 
apply?  Does your legislation set a specific term of  protection for undisclosed test or other data 
of the first applicant? 
 
 Section 4(1)(b)(ii) of the Protection Agai nst Unfair Competition Act 1998 makes explicit 
provision for the definition of acts of this nature as "unfair competition".  The relevant section reads: 
  "The following acts are acts of unfair competition: 
 
 (b)  any act or other conduct that consists of or results in an unfair commercial use: 
   (i) by a competent authority, or  IP/Q/BRB/1, IP/Q2/BRB/1,  
IP/Q3/BRB/1, IP/Q4/BRB/1 Page 30 
 
   (ii) by other persons as a result of the improper disclosure by a competent 
authority, 
  of secret tests or other data concerning pharma ceutical or agricultural chemical products that 
utilise new chemical entities the origination of which requires considerable effort and which 
data have been submitted to the competent au thority for the purpose of obtaining approval for 
the marketing of such products." 
  The Act does not make any exceptions to this  rule, nor does the Act contain any specified 
duration of protection for undisclosed test or other data. 
 
Follow-up question
: 
  Referring to the issue of unfair commercial us e of data submitted by an applicant to the 
responsible State Agency in the procedure for ma rket authorization of a pharmaceutical or of 
an agricultural chemical product, please spec ify whether the responsible State Agency will 
require the same amount of data from a second applicant requesting market authorization for a similar or identical product as from the first applicant.  
 
 The Barbados Protection Against Unfair Competition Act, 1998-20 does not address this 
situation specifically. However, on the principle of equality before the law, it is standard 
administrative practice in Barbados for common standards to be applied to the processing of 
applications and each successive applicant would be required to produce to the responsible State 
Agency the same amount of data or information as was required from the prior applicant.  In other 
words, each application will be treated on an equa l basis, and successive applicants would be required 
to produce the same amount of data as was required from the first applicant. 
 D. E
NFORCEMENT  
7. Please indicate remedies provided by your legislation which constitute effective 
deterrents to infringements of intellectual property rights.  
 Please see our responses to the Ch ecklist of Issues on Enforcement
4 for answers in relation to 
the Trade Marks Act and the Co pyright Act respectively.   
  In terms of the Protection Against Unfair  Competition Act, section 4(3) provides that: 
 
 "Any officer of the competent authority who contravenes subsection (2) is guilty of an 
offence and is liable on summary conviction to a fine of $10,000.00 or to imprisonment for a term of 2 years or to both such fine and imprisonment." 
  Civil remedies are dealt with in detail in  the responses to the Checklist of Issues on 
Enforcement.
5 
 8. Please describe any new initiatives that  are planned to improve enforcement of 
intellectual property rights in your country, pa rticularly initiatives related to criminal 
enforcement.  
In the past year, the Government of Barbados  has undertaken several training programmes to 
sensitise its enforcement personnel on matters con cerning the enforcement of intellectual property 
                                                     
 
4 Document IP/N/6/BRB/1. 
5 Document IP/N/6/BRB/1.  IP/Q/BRB/1, IP/Q2/BRB/1,  
 IP/Q3/BRB/1, IP/Q4/BRB/1  Page 31 
 
 laws.  In particular, assistance from the World Intellectual Property Organization (WIPO), the World Customs Organization (WCO) and the Business Soft ware Alliance (BSA), has made it possible for 
local officials to receive training in product identif ication, evidence gathering, drafting of criminal 
charges, search and seizure techniques, and future trends in intellectual prope rty law and enforcement. 
 
This training has enabled the Customs Depart ment and the Royal Barbados Police Force to 
detect, investigate, and prosecute several cases rela ting to infringement of intellectual property rights. 
In addition, a programme of public education has made the populace of Barbados more aware of the 
need to respect and protect these rights, as well as knowledge of basic notions of intellectual property 
that is intended to allow the ordinary citizen to be  able to inform the police and customs officials of 
the existence of infringing ar ticles within the community. 
 Future programmes include the intensive traini ng of local enforcement officers by way of 
study visits to other forces and departments, along with the development of closer ties with 
non-governmental organizations and Government  departments in othe r countries with more 
experience of detection and prevention of organi sed infringement and piracy. The public education 
will be continued indefinitely, in order to further enlighten the popu lation about intellectual property. 
  
VII. RESPONSES TO QUESTIONS RECEIVED FROM THE UNITED STATES 
A. G
ENERAL  
1. Please describe, in relation to each form of intellectual property covered by the TRIPS 
Agreement, including plant variety protection, the manner in which national treatment and 
most favoured nation treatment are provide d to nationals of other WTO Members. 
 
The various intellectual property statutes of Barb ados 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 9 
 B. C
OPYRIGHT AND RELATED RIGHTS  
2. Please explain whether and how the copyrigh t law 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 6 bis, since Members do not have rights or obligations 
relating to the latter Article under the TRIPS Agreement. 
 
 Such compliance is derived from the fact th at the Copyright Act 1998 was drafted using the 
terms of the TRIPS Agreement and the Berne Conven tion for guidance. Barbados also complies with 
Article 6 bis in its recognition of moral rights of an author in sections 14 and 15 of the Act.   
 IP/Q/BRB/1, IP/Q2/BRB/1,  
IP/Q3/BRB/1, IP/Q4/BRB/1 Page 32 
 
 
3. Please explain how the copyright law of  Barbados 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 subsisting 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 wo rds 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 protect ion 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 publishe d edition – 25 calendar years following the 
calendar year of first publication of the edition (section 13). 
 
6. Please describe the protection the copyri ght 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 provi des 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 phonogr ams 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 Barbados implem ents these obligations 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.   IP/Q/BRB/1, IP/Q2/BRB/1,  
 IP/Q3/BRB/1, IP/Q4/BRB/1  Page 33 
 
 C. T
RADEMARKS  
8. Please describe the subject matter that can comprise a trademark under the trademark 
law of Barbados. 
  Under the provisions of the Trade Marks Ac t (as amended), section 4(1)-(3) contains the 
general definitions used therein. Section 4(4) states that marks can:  
"…consist of arbitrary or fanciful designati ons, names, pseudonyms, geographical names, 
slogans, devices, reliefs, letters, numbers, labels , envelopes, emblems, prints, stamps, seals, 
vignettes, borders and edgings, co mbinations 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 th e 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 by 
the Trade Marks (Amendment)Act 2001-16) and sec tion 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 describe 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 registered 
trademark owner are set out specifically in section 5 and 6 of the Trade Marks Act 1981. 
 
10. Please provide the length and terms of pr otection 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 regi stration 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 regul ations Geographical 
Indications Regulations, 2001 provide for the rec ognition and protection of geographical indications. 
Geographical designs are protected irrespective of registration. This Act has been notified to the 
TRIPS Council. No applications have been recei ved by the Registrar under the Act, accordingly 
examples cannot be provided at this time. 
 IP/Q/BRB/1, IP/Q2/BRB/1,  
IP/Q3/BRB/1, IP/Q4/BRB/1 Page 34 
 
 
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 TRI PS Agreement 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 prot ection for homonymous geographical indications 
for wines. At this time, no applications under the Ac t have been received by the Registrar, accordingly 
examples cannot be provided.  
E. I
NDUSTRIAL DESIGNS  
13. Please describe the procedure that must be  followed to obtain protection for industrial  
designs, citing to the provisions of the law of 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 para graph (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 tex tile 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 wh ich the patent law of Barbados implements 
Article 27 of the TRIPS Agreement, indicating  any exceptions provided for, and including 
details regarding the protection for micro-or ganisms 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 invention within the meaning of this Act, the 
following are not patentable under this Act, namely,  
  IP/Q/BRB/1, IP/Q2/BRB/1,  
 IP/Q3/BRB/1, IP/Q4/BRB/1  Page 35 
 
 
(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 microbi ological 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, 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 provi ded 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 th e 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 secti on 49. These conditions will be dependent of the 
circumstances affecting the interests of nati onal 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 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 the patent 
holder. To date the section has not been invoked.  IP/Q/BRB/1, IP/Q2/BRB/1,  
IP/Q3/BRB/1, IP/Q4/BRB/1 Page 36 
 
 
18. What term of protection does the patent la w 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. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS  
19. Please describe in detail the protection for layout-designs of integrated circuits provided 
under the laws of 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 expl oitation 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 stat utes, the Act must be read in conjunction with its 
implementing regulations, the Integrated Circuits Re gulations, 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 Articl e 39.2 of the TRIPS 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 whic h protection is provided test data regarding 
pharmaceutical and agricultural chemical produc ts 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 a ddition, the Act (at section 4(2)) specifically 
prohibits such disclosure except where such disclosur e is necessary to protect the public and steps are 
taken to protect the tests and data against unfai r commercial use. The penalty for unauthorised 
disclosure is a fine or term of imprisonmen t, without prejudice to further civil actions. 
 
22. Are other applicants for marketing approv al 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 peri od 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 incl uding subsequent applicants would not apply. The 
Protection Against Unfair Competition Act, 1998-20  does not specify a specific time span for the 
protection of secret information.   IP/Q/BRB/1, IP/Q2/BRB/1,  
 IP/Q3/BRB/1, IP/Q4/BRB/1  Page 37 
 
 I. E
NFORCEMENT  
23. Please describe in detail the manner in which the laws of Barbados provide for effective 
action against infringement of intellectual prop erty rights as required by Article 41.1 of the 
TRIPS Agreement.  
  Please refer generally to Barbados's respon ses 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 opposi ng 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 Coun cil.  Under the Rules of Court, in the absence of 
mutual discovery and inspection of documents, a pa rty may obtain an interlocutory order requiring the 
opposing party to make discovery of documents (inc luding particular documen ts) 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 in terrogatories. [See generally Orders 24-27 of the 
Barbados Supreme Court of Judicature Rules, issu ed under the Supreme Court of Judicature Act Cap 
117 notified to the TRIPS Council in 2001.]  Please al so 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 propert y 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 Ci rcuits Act, 1998-21 as amended; 
 
(d) Section 56 of the Patents Act, 2001; 
 
(e) Section 32 of the Copyright Act, 1998; 
 
(f) Section 3 of the Protection Against Unfair Competition Act, 1998; 
 
(g) Sections 38-47 of the Trade Marks Act, 1981 (as amended). 
 IP/Q/BRB/1, IP/Q2/BRB/1,  
IP/Q3/BRB/1, IP/Q4/BRB/1 Page 38 
 
 
26.  Please describe in detail the provision al procedures and remedies available to right 
holders under the laws of Barbados, citing to th e 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 descr ibe in much detail the provisional procedures 
and remedies available to rights holders under the a pplicable 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 Geographical 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 Against Unfair Competition Act, 1998; 
 (g)  Sections 38-40 of the Trade Marks Act, 1981 (as amended). 
 
J. S
PECIAL 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 counter feiting and copyright piracy, identifying the 
competent authority 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 th erein) for detailed procedural requirements for 
the exercise of this enforcement mechanism. For the purposes of both Acts, the Comptroller of 
Customs is the competent authority. 
 
28.  Please indicate if border enforcement is ava ilable to owners of other forms of intellectual 
property and, if so, please describe the procedur es and remedies available in relation to each 
form of intellectual property, citing the relevant provisions of law.  
 The procedures implement Article 51 of the TR IPS Agreement and accordingly only relate to 
trademark counterfeiting and copyright piracy. Th e border enforcement measures are therefore not 
specifically extended to other intellectual property. 
 
29. Article 58 of the TRIPS Agreement speci fies procedures to be followed where the 
competent authorities can act ex officio.  Plea se explain whether the competent authorities in 
Barbados are empowered to act ex officio and, if so, please identify the intellectual property 
areas subject to ex officio action.  
 The Comptroller is not empowered to act ex officio . 
  IP/Q/BRB/1, IP/Q2/BRB/1,  
 IP/Q3/BRB/1, IP/Q4/BRB/1  Page 39 
 
 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 cri minal procedures and penalties, including 
imprisonment and/or monetary fines sufficient to ac t as a deterrent, at least for cases of wilful 
trademark counterfeiting and copyright infringeme nt on a commercial scale.  Please cite to the 
relevant provisions of law and regulation.  
 Please refer generally to Barbados's respon ses to the Checklist of Issues on Enforcement 
(document IP/N/6/BRB/1) for a description of the re medies available.  See also sections 50A-50E of 
the Trade Marks (Amendment) Act, 2001-16 for the criminal procedures and remedies to be applied 
in cases of wilful trademark counterfeiting.  See also  sections 132-134 of the Copyright Act, 1998-4.   
 
31. Article 61 also requires that remedies in a ppropriate 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 of the laws of Barbados that provi de 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 enforcement for 2000, including the number of cases filed; injunctions issued; infringing 
products seized; infringing equipment seized; cases resolved (including settlement); and the 
amount of damages awarded.  
 The Barbados Copyright Society of Composer s, Authors and Publishers (COSCAP) which 
manages the copyright repertoire of a number of lo cal 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.  IP/Q/BRB/1, IP/Q2/BRB/1,  
IP/Q3/BRB/1, IP/Q4/BRB/1 Page 40 
 
 
34.  Please provide statistical information rel ated 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 fin es and/or jail terms (including whether the fines 
were paid and whether the jail term was actu ally served or was suspended) and any other 
information establishing that the criminal system operates effectively to deter copyright piracy 
and trademark counterfeiting.  
 
 In 2000, the Microsoft Corpor ation, acting through the Busi ness Software Alliance (BSA), 
initiated police action against an infringer of com puter software who was selling pirated copies 
commercially resulting in one raid and confiscations. 
  
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