WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO   
IP/N/1/BRB/I/2 
IP/N/1/BRB/D/1/Add.1 
IP/N/1/BRB/D/2/Add.1 IP/N/1/BRB/P/3/Add.1 IP/N/1/BRB/T/1/Add.2 IP/N/1/BRB/T/2/Add.1 
14 December 2011 
 
(11-6375) 
Council for Trade-Related Aspects of  
Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
   
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
BARBADOS 
 
 The present document reproduces the text
1 of the Intellectual Property (Miscellaneous 
Provisions) Act, 2006-2, as notified by Barbados  on 14 January 2011 under Article 63.2 of the 
Agreement (see document IP/N/1/BRB/3). 
 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
BARBADE 
 
 Le présent document contient le texte1 de la Loi n° 2006-2 sur la propriété intellectuelle 
(dispositions diverses), notifiée par la Barbade le 14 janvier 2011 au titre de l'article 63:2 de l'Accord 
(voir le document IP/N/1/BRB/3).   
 Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
BARBADOS 
 
 En el presente documento se reproduce el texto
1 de la Ley de Propiedad Intelectual 
(Disposiciones Diversas) Nº 2006-2, notificado por Ba rbados el 14 de enero de 2011 en virtud de lo 
dispuesto en el párrafo 2 del artículo 63 de l Acuerdo (véase el documento IP/N/1/BRB/3). 
 
                                                      
 1 In English only./En anglais seulement./En inglés solamente.   IP/N/1/BRB/I/2, IP/N/1/BRB/D/1/Add.1, IP/N/1/BRB/D/2/Add.1,  
IP/N/1/BRB/P/3/Add.1, IP/N/1/BRB/T/1/Add.2,  IP/N/1/BRB/T/2/Add.1 
Page 2 
  
  Supplement to Official Gazette No. 16 dated 23rd February, 2006 
 
 
INTELLECTUAL PROPERTY (MISCELLANE OUS PROVISIONS) ACT, 2006 -2 
 
Arrangement of Sections 
 
Section 
 
1. Short title.  2. Amendment of enactments set out in the Schedule.  
3. Validation. 
 4. Savings and transitional provisions.   
SCHEDULE  
 
  
   IP/N/1/BRB/I/2, IP/N/1/BRB/D/1/Add.1, IP/N/1/BRB/D/2/Add.1,  
IP/N/1/BRB/P/3/Add.1, IP/N/1/BRB/T/1/Add.2, 
IP/N/1/BRB/T/2/Add.1 
 Page 3 
  
  I assent 
 C. STRAUGHN HUSBANDS  Governor-General 
 15
th February, 2006. 
 
  
2006 - 2 
 
 An Act to amend the Patents Act, the Trade  Marks Act and Regulations and the Industrial 
Designs Act and Regulations to make better provisi on for the regulation of intellectual property and 
to ensure compliance with the World Trade Or ganisation Agreement on Trade-Related Aspects of 
Intellectual Property Rights (TRIPS).   
 
Commencement (23rd February, 2006) 
 
 
Short title.  ENACTED by the Parliament of Barbados as follows: 
  1. This Act may be cited as the Intellectual Property (Miscellaneous 
Provisions) Act, 2006.  
Amendment of 
enactments set 
out in the 
Schedule.  2.  The enactments set out in Column 1 of the Schedule are amended 
in the respects specified opposite thereto in Column 2 of the Schedule. 
Validation. 
Cap. 319.  3.  (1)  All functions performed in pursuance of section 8 of the 
Trade Marks Act  by the Registrar during the period 6th August, 2001 to the date of 
the commencement of this Act, both dat es inclusive, and all matters done in 
relation thereto shall be deemed to have been lawfully and validly performed as if 
the amendment made to that section by this Act had been effected during that period.   
Act 2001-16.  
  (2)  All opposition notices that were filed on the basis of 
section 8(1) (c) of the Trade Marks Act  prior to 6th August 2001, shall be deemed 
to have been lawfully and validly filed and unaffected by the Trade Marks 
(Amendment) Act, 2001. 
 
Savings and 
transitional provisions.  
Cap. 309A. 
Schedule.   
Act 2006-2.  4.  (1)  Notwithstanding paragraph 1 of the Schedule  in relation to 
the Industrial Designs Act , where  
  (a)  an application for the registration of an industrial design was made 
 prior to the commencement of the Intellectual Property 
 (Miscellaneous Provisions) Act, 2006 , the duration period that was 
 applicable in respect of the re gistration and rene wal of industrial 
 designs before the commencement of the Intellectual Property 
 (Miscellaneous Provisions) Act, 2006  shall apply to that industrial 
 design; or  
 
 (b)  an industrial design was registered prior to the commencement of 
the Intellectual Property (Miscell aneous Provisions) Act, 2006 , the IP/N/1/BRB/I/2, IP/N/1/BRB/D/1/Add.1, IP/N/1/BRB/D/2/Add.1,  
IP/N/1/BRB/P/3/Add.1, IP/N/1/BRB/T/1/Add.2,  IP/N/1/BRB/T/2/Add.1 
Page 4 
  
  duration period in respect of the registration and renewal of that 
industrial design that was applicable before the commencement of the Intellectual Property (Miscell aneous Provisions) Act, 2006 , 
shall continue to apply in relation to that design. 
 
 
Act 2006-2.  (2)  Where an industrial design was registered prior to the commencement of the Intellectual Property (Miscellaneous Provisions) Act, 2006 , 
the registration of that design may be re newed for the duration periods that were 
applicable at the time of the registration.  
  (3)  The fees in respect of    (a)  an application for the registration of an industrial design;  
 
 (b)  the registration of an industrial design; or  
  (c)  the renewal of the registration of an industrial design,  
 where the application, registration or renewal was filed prior to the commencement 
of the Intellectual Property (Miscell aneous Provisions) Act, 2006 , shall be those 
that were in force immediately before the commencement of the Intellectual 
Property (Miscellaneous Provisions) Act, 2006.  
 IP/N/1/BRB/I/2, IP/N/1/BRB/D/1/Add.1, IP/N/1/BRB/D/2/Add.1,  
IP/N/1/BRB/P/3/Add.1, IP/N/1/BRB/T/1/Add.2, 
IP/N/1/BRB/T/2/Add.1 
 Page 5 
  
  SCHEDULE 
  
(Section 2) 
 
  
Column 1 Column 2 
 
Enactments 
 
1.   Industrial Designs Act,   
 Cap.309A 
   Amendments 
 
 In section 26, delete subsection (l) and 
substitute the following:  
 
 "(1) Subject to sections 36, 40 and 41, the registration of an industrial design is valid for a period of 10 years from the date of the application for its registration; and a registration may be renewed for a period of 5 years upon 
payment of the prescribed fee.". 
 
2.   Patents Act ,  
 Cap. 314   Insert the following new section 
immediately after section 55:  
 
"Burden of 
proof in certain cases.  
  55A.   (1) Where the invention for 
which a patent is granted is a process for obtaining a new product, the same product produced by a person other than the owner of the patent or a licensee shall, unless the contrary is proved, be taken in any pr oceedings to have been 
obtained by that process.  
 
 
  (2) In determining whether a party has discharged the burden imposed upon him by this section, the court shall not require him to disclose 
any manufacturing or commercial secrets if it 
appears to the court that it would be unreasonable to do so.". 
 
 IP/N/1/BRB/I/2, IP/N/1/BRB/D/1/Add.1, IP/N/1/BRB/D/2/Add.1,  
IP/N/1/BRB/P/3/Add.1, IP/N/1/BRB/T/1/Add.2,  IP/N/1/BRB/T/2/Add.1 
Page 6 
  
   
SCHEDULE - Cont'd  
 
Column 1 Column 2 
 
Enactments 
 Amendments 
 
3.   Trade Marks Act ,  
 Cap. 319 1.  In section 2 in the definition of "mark", 
insert the words "or certification mark" 
immediately after the words "collective mark".   
 2.  In section 4,  
 
(a)  delete the marginal note and substitute 
 the following:     "Trade, service, collective and    certification marks.";   
(b)  insert the following new subsection 
 immediately after subsection (3):    "(3A) A certification mark is a 
visible sign used or to be used in 
connection with goods or 
services for the purpose of distinguishing in the course of trade or business, goods or services which are certified by the proprietor of the mark in 
respect of origin, material, mode 
of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so 
certified.";  and  
 (c)  in subsection (4) delete the word "(3)" 
 appearing in the first line and substitute  the word "(3A)". IP/N/1/BRB/I/2, IP/N/1/BRB/D/1/Add.1, IP/N/1/BRB/D/2/Add.1,  
IP/N/1/BRB/P/3/Add.1, IP/N/1/BRB/T/1/Add.2, 
IP/N/1/BRB/T/2/Add.1 
 Page 7 
  
  SCHEDULE - Cont'd 
 
Column 1 Column 2 
  
Enactments Amendments 
  
3.  Trade Marks Act,   
 Cap, 319 - Cont'd  3.  In section 5, insert the following new 
subsections immediately after subsection (3):  
 
  "(4) In relation to a certification  mark, the rights vested in the registered  owner of the mark under this section are  subject to the conditions governing the 
 use of the mark.  
   (5) The registered owner of a  certification mark may use that mark  himself so long as the mark is being used  by persons permitted to use it under the 
 conditions governing its use; and use by 
 any of those persons is presumed, for  purposes of this Act, to be use by the  registered owner.".  
 4.  In section 8,  
 (a)  in subsection (1) re-number 
 paragraphs (d) to (g) as paragraphs (e) to 
 (h); 
 
  (b)  in subsection (1), insert the following 
new paragraph immediately after paragraph (c): 
 
  
 
  Cap. 317.
  " (d)  Subject to subsection (2), a mark 
that resembles, in such a way as 
to be likely to mislead the public, a business name registered under the Registration of Business 
Names Act  and in use in 
Barbados by another person, if 
the applicant is aware or could 
not have reasonably been unaware of the earlier use;"; and  
 
  (c)  in subsection (2), delete the words 
"paragraph (b), (c), (d)  or (e)" appearing 
in the second and third lines and substitute the words "paragraph (b), (c), 
(d), (e) or (f)". 
 IP/N/1/BRB/I/2, IP/N/1/BRB/D/1/Add.1, IP/N/1/BRB/D/2/Add.1,  
IP/N/1/BRB/P/3/Add.1, IP/N/1/BRB/T/1/Add.2,  IP/N/1/BRB/T/2/Add.1 
Page 8 
  
  SCHEDULE - Cont'd 
 
Column 1 
 Column 2 
Enactments Amendments 
  
3.  Trade Marks Act ,  
 Cap. 319 - Cont'd  5. In section 10, add the following new 
subsections:  
 
 "(6) When the application is for the registration of a certification mark, the application must   
 (a) designate the mark as a 
 certification mark; 
  (b)  be accompanied by a copy of the 
  rules which must   
 (i)  be signed by the 
 applicant;  
  (ii)  contain the conditions 
 governing the use of the 
 mark as a certification 
 mark; and  
  (iii)  be in compliance with 
 the requirements of  subsection (7).  
 
  (7) The rules providing for the use of a  
certification mark must specify the   (a)  categories of persons authorised to use 
 the mark;  
 (b)  characteristics to be certified by the 
 mark;   (c)  conditions governing the use of the mark; 
 
(d)  procedure by which the certifying body is  to test the characteristics to be certified  by the mark;   IP/N/1/BRB/I/2, IP/N/1/BRB/D/1/Add.1, IP/N/1/BRB/D/2/Add.1,  
IP/N/1/BRB/P/3/Add.1, IP/N/1/BRB/T/1/Add.2, 
IP/N/1/BRB/T/2/Add.1 
 Page 9 
  
  SCHEDULE - Cont'd 
 
Column 1 Column 2 
 
Enactments Amendments 
 
3.  Trade Marks Act,  
 Cap.319 - Cont'd.  
 (e)  manner in which the supervision of the 
 use of the mark will be undertaken;  
 
(f)  fees, if any, that must be paid in 
 connection with the operation of the  mark;   
(g)  penalties or sanctions that are to be 
 applied if the certification mark is used in  contravention of any of the conditions  governing its use; and   (h)  procedures for the resolution of 
 disputes.".  
 
 6.   In section 16(3),  
 (a)  delete the word "and" appearing at the 
 end of paragraph (e);  
 (b)  delete the full stop appearing at the end 
 of paragraph (f) and substitute the 
 following:   
  "; and";  
 
 (c)  add the following new paragraph 
 immediately after paragraph (f):  
 
 " (g)  if the mark is a certification 
 mark, contain the rules governing  the use of the mark as a  certification mark that  accompanied the application for  its registration.". 
 
 IP/N/1/BRB/I/2, IP/N/1/BRB/D/1/Add.1, IP/N/1/BRB/D/2/Add.1,  
IP/N/1/BRB/P/3/Add.1, IP/N/1/BRB/T/1/Add.2,  IP/N/1/BRB/T/2/Add.1 
Page 10 
  
  SCHEDULE - Cont'd 
 
Column 1 Column 2 
 
Enactments Amendments 
 
  
3.  Trade Marks Act ,  
 Cap. 319 - Cont'd  
 7. In section 20, add the following new 
subsection:  
   "(4) A certification mark must be  recorded in a separate section of the  register reserved for the registration of 
 certification marks.".  
 
 8.   In section 21,  
 (a)  delete the word "and" appearing at the 
 end of paragraph (f);  
 
(b)  delete the full-stop at the end of 
 paragraph (g) and substitute the 
 following:   
  "; and"; 
 
 (c)  add the following new paragraph 
 immediately after paragraph (g): 
  "(h)  if the mark is a certification 
 mark, the rules governing the use 
 of the mark as a certification  mark that accompanied the  application for its registration. ";  
 
 (d)  in subsection (3), insert the words "or a 
certification mark" immediately after the words "collective mark"; and  
 
 (e)  in subsection (4), insert the words "or a 
 certification mark" immediately after the 
 words "collective mark".  
 
 IP/N/1/BRB/I/2, IP/N/1/BRB/D/1/Add.1, IP/N/1/BRB/D/2/Add.1,  
IP/N/1/BRB/P/3/Add.1, IP/N/1/BRB/T/1/Add.2, 
IP/N/1/BRB/T/2/Add.1 
 Page 11 
  
  SCHEDULE - Cont'd 
  
Column 1 Column 2 
 
Enactments Amendments 
 
3. Trade Marks Act ,  
 Cap. 319 - Concl'd  9.   Delete section 29 and substitute the following:  
 
 
"Transfer of 
collective or certification 
marks. 
 
  29.  (1) The Director may in writing approve 
the transfer of the registration of a collective or certification mark if the transferee undertakes in writing to exercise effective control of the use of the 
collective or certification mark in accordance with 
the conditions governing its use.  
 
  (2) A transfer of the registration of a collective or certification mark is void until it is recorded in the register; and it may not be recorded 
unless the application to record the transfer is 
accompanied by the prescribed fee and a copy of the Director's approval of the transfer.".   
4. Industrial Designs  
 Regulations,  1984  
 (S.I. 1984 No. 83)    In Schedule I, delete all the words appearing 
under the headings "On application for registration" 
and "On granting registration of an industrial design" along with the monetary values opposite thereto and substitute the following:   
  "On application for registration:  
 
  For the first design    in the application .......... 200.00     For each additional  
  design .......................... 100.00  
 
  On granting registration of an industrial 
 design:     For the first design  
  in the application ........... 200.00  
   For each additional    design ........................... 100.00.".  
 IP/N/1/BRB/I/2, IP/N/1/BRB/D/1/Add.1, IP/N/1/BRB/D/2/Add.1,  
IP/N/1/BRB/P/3/Add.1, IP/N/1/BRB/T/1/Add.2,  IP/N/1/BRB/T/2/Add.1 
Page 12 
  
  SCHEDULE - Cont'd 
 
Column 1 Column 2 
 
Enactments Amendments 
 
5.  Trade Marks 
 Regulations , 1984  
 (S.I. 1984 No. 85)  1.  Insert the following immediately after regulation 31: 
 
Certification Marks 
 
 
"Certification 
marks". 
  31A.  (1)  When an application is 
made for the registration of a certification mark, the Director shall, in addition to the other examinations 
of the application that are required to be made by 
this Act and the regulations, examine the application and accompanying rules governing the use of the mark to ensure that it co mplies with subsections (6) 
and (7) of section 10 of the Act.   
 
 (2)  The rules accompanying the application 
must be examined to ensure that   (a)  origin, material, mode of manufacture, 
quality, accuracy or other common 
characteristics of the goods or services to 
which the certification mark is to be applied are set out in sufficient detail to identify the said common characteristics;  
 (b)  they contain the conditions and restrictions 
governing the use of the mark;  
 (c)  they state that the owner of the certification 
mark can  
 
 (i)  receive samples of any goods or 
 inspect the delivery of any of the  services associated with the  certification mark; or  
  (ii)  inspect during normal business 
 hours, the place of manufacture of 
 the goods or the place where the  services are performed,  
  to ensure that the common characteristics or 
common quality is being maintained; and  
  IP/N/1/BRB/I/2, IP/N/1/BRB/D/1/Add.1, IP/N/1/BRB/D/2/Add.1,  
IP/N/1/BRB/P/3/Add.1, IP/N/1/BRB/T/1/Add.2, 
IP/N/1/BRB/T/2/Add.1 
 Page 13 
  
  SCHEDULE - Cont'd 
 
Column 1 Column 2 
 
Enactments Amendments 
 
5.  Trade Marks 
Regulations , 1984  
 (S.I. 1984 No. 85) - 
 Cont'd   (d) they contain some means by which the 
owner of the certification mark can 
prevent its use in contravention of the 
conditions governing its use.". 
 
 2.   Delete regulation 49 and substitute the following: 
 
"Change of 
conditions . 49.  (1)  When a registered owner of a collective or 
certification mark wishes to change the conditions governing the use of the collective or certification mark he shall submit an application in Form No. 18 together with the prescribed fee and a copy of the agreement or in the case of a certification mark, the 
rules, in which the changed conditions are set out.  
 
 
  (2)  The Director shall examine the agreement or the rules and the changed conditions mentioned in paragraph (1) a nd if he is satisfied that 
they comply with the Act and the regulations he 
shall cause a notice of the application to be published in the Official Gazette .  
 
 
  (3)  The notice mentioned in paragraph (1) must  
 
(a) specify the registration number of the 
 collective or certification mark;  (b)  indicate the goods and services in respect of 
 which the collective or certification mark is 
 registered;  (c)  set out the change in the conditions 
 governing the use of the collective or  certification mark; and  
 
(d)  set out the name and address of the 
 registered owner, and, if necessary, his  address for service.   
 
  (4) The Director shall, upon recording a 
change in the conditions governing the use of a collective or certification mark, notify the registered owner of the mark.". IP/N/1/BRB/I/2, IP/N/1/BRB/D/1/Add.1, IP/N/1/BRB/D/2/Add.1,  
IP/N/1/BRB/P/3/Add.1, IP/N/1/BRB/T/1/Add.2,  IP/N/1/BRB/T/2/Add.1 
Page 14 
  
  SCHEDULE - Cont'd 
 
Column 1 Column 2 
 
Enactments Amendments 
 
5.  Trade Marks 
 Regulations , 1984  
 (S.I. 1984 No. 85) - 
 Cont'd  3.   Delete regulations 52 a nd 53 and substitute the following: 
 
"Collective 
or 
certification 
mark approval.  
  52. (1) For the purpose of obtaining the 
approval of the Director to the transfer of a collective or certification mark under section 29 of 
the Act, the transferor or transferee of the collective 
or certification mark must submit to the Director an application in Form No. 21, together with the prescribed fee and evidence satisfactory to the Director that the transfer complies with the requirements of the Act.  
 
 
  (2) If the Director approves the transfer of a collective or certification mark, he shall notify the applicant in Form No. 22.   
 
Recording 
transfer of collective or 
certification 
mark.    53. (1) For the purpose of recording a 
transfer of a collective or certification mark, the transferee must submit to the Director an application in Form No. 23, together with the prescribed fee, the Director's approval of the transfer and evidence satisfactory to the Director that the collective or 
certification mark has been transferred to the 
applicant.   
 
  (2) If the Director is satisfied that the collective or certification mark has been transferred 
to the applicant, the Di rector shall record the 
transferee as the registered owner of the registration in accordance with the info rmation contained in the 
application, and advise the applicant in writing of the action taken.".   
 IP/N/1/BRB/I/2, IP/N/1/BRB/D/1/Add.1, IP/N/1/BRB/D/2/Add.1,  
IP/N/1/BRB/P/3/Add.1, IP/N/1/BRB/T/1/Add.2, 
IP/N/1/BRB/T/2/Add.1 
 Page 15 
  
  SCHEDULE - Cont'd 
 
Column 1 Column 2 
 
Enactments Amendments 
 
5.  Trade Marks Regulations , 1984  
 (S.I. 1984 No. 85) - Cont'd 4. In Schedule I,  
 
 (a)  delete the words "On application to 
 record a change of conditions governing  use of a collective mark" appearing in the  fifth and sixth lines thereof and substitute  the words "On application to record a 
 change of conditions governing the use 
 of a collective or certification mark";  
 
 (b)  delete the words "On application for 
 approval of the transfer of a collective  mark" appearing in the penultimate line 
 and substitute the words "On application 
 for approval of the transfer of a collective  or certification mark"; and  
 
 (c)  delete the words "For recording the 
 transfer of a collective mark" appearing 
 in the last line and substitute the words  "For recording the transfer of a collective  or certification mark".   
 5. In Schedule II, 
 
 (a)  in Form No. I, insert the words ", 
 certification" immediately after the word  "service" appearing in the footnote;   
 (b)  in Form No. 3, add the following 
 footnote:     "2A. The applicant must indicate  whether the application is in respect of a  trade mark, service mark, collective 
 mark or certification mark.";  
 
 (c)  in Form No. 4, in the footnote 
numbered 2, insert the words ", Certification" immediately after the word 
"Service";  
 IP/N/1/BRB/I/2, IP/N/1/BRB/D/1/Add.1, IP/N/1/BRB/D/2/Add.1,  
IP/N/1/BRB/P/3/Add.1, IP/N/1/BRB/T/1/Add.2,  IP/N/1/BRB/T/2/Add.1 
Page 16 
  
  SCHEDULE - Cont'd 
 
Column 1 Column 2 
 
Enactments Amendments 
 
5.  Trade Marks Regulations , 1984  
 (S.I. 1984 No. 85) - Concl'd (d)  in Form No. 12, in the footnote 
numbered 1, insert the words ", 
Certification" immediately after the word 
"Service"; 
 
 (e)  in Form No. 17, in the footnote 
numbered 2, insert the words ", 
Certification" immediately after the word 
"Service";  
 
 (f)  in Form No. 18, insert the words "/ 
certification mark" immediately after the words "collective ma rk" wherever they 
appear in the form;  
 
 (g)  in Form No. 21, insert the words "/ 
certification mark" immediately after the words "collective ma rk" wherever they 
appear in the form;  
 
 (h)  in Form No. 22, insert the words "/ 
certification mark" immediately after the words "collective ma rk" wherever they 
appear in the form; and  
 
 (i)  in Form No. 23, insert the words "/ 
certification mark" immediately after the words "collective ma rk" wherever they 
appear in the form.  
 
 
___________