WORLD TRADE  
ORGANIZATION  IP/Q/GRD/1/Add.1 
IP/Q2/GRD/1/Add.1 
IP/Q3/GRD/1/Add.1 IP/Q4/GRD/1/Add.1 
29 April 2010 
 
 
(10-2321) 
Council for Trade-Related Aspects of Intellectual Property Rights Original:   English 
 
  
REVIEW OF LEGISLATION 
 
GRENADA 
 
Addendum
 
  
 The present document reproduces a communicati on from the Delegation of Grenada, dated 
23 March 2010, providing additional information concerning its introductory statement at the review 
of Grenada's legislation undertaken at the Council' s meeting of 2 to 5 April 2001 and its responses to 
the outstanding questions posed by the European Communities
1 and Switzerland, circulated in 
documents IP/C/W/244 and IP/C/W/239, respectively. 
 
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I. INTRODUCTORY STATEMENT 
Further to the statement made and the responses given by Grenada at the TRIPS Council's 
meeting of 2 to 5 April 2001 contained in documen t IP/Q/GRD/1, Grenada would like to inform the 
Council that the draft Industrial Property Act2 referred to in that statement was never enacted as 
foreseen at that time.   
Since that time, Grenada has drafted new intell ectual property legislation with the assistance 
of WIPO.  These drafts for a Patent Act, a Trademark Act, a Protection of New Plant Varieties Act, an 
Industrial Designs Act, a Protection of Layout-Designs  Act and a Copyright Act are to be tabled in 
2010 to ensure that Grenada's legislation is TRIPS- compliant.  Once these bills  are passed into law, 
Grenada will notify these laws to the TRIPS Counc il in accordance with Article 63.2 of the TRIPS 
Agreement. 
 In the meantime, Grenada provides the below responses to the outstanding questions in the 
review of its national legisl ation that began in 2001. 
 
                                                      
1 On 1 December 2009, the Treaty of Lisbon amendi ng the Treaty on Europe an Union and the Treaty 
establishing the European Community (done at Lisb on, 13 December 2007) en tered into force.  On 
29 November 2009, the WTO received a Verbal Note (WT/L/779) from the Council of the Eu ropean Union and 
the Commission of the European Communities stating that, by virtue of the Treaty of Lisbon, as of 
1 December 2009, the European Union replaces and succeeds the European Community.  
2 The "Bill for an Industrial Property Act 2002" was notified to the WTO as IP/N/1/GRD/I/3 on 
13 June 2002. IP/Q/GRD/1/Add.1, IP/Q2/GRD/1/Add.1,  
IP/Q3/GRD/1/Add.1, IP/Q4/GRD/1/Add.1 Page 2 
 
 
  II. RESPONSES TO OUTS TANDING QUESTIONS 
A. R
ESPONSES TO OUTSTANDING QUESTIONS POSED BY THE EUROPEAN COMMUNITIES AND ITS 
MEMBER STATES  
28.  Please describe how micro-organis ms, non-essentially biological processes, 
microbiological processes and plant varieties are prot ected in your legislation.  Please explain, in 
this respect, the relevant sections of your legislation. 
 
 There is no provision in the legislation cu rrently in force that specifically addresses the 
protection of micro-organisms, non-essentially biological processes, microbiological processes and 
plant varieties. However, the present draft Plant Vari ety Act (due to be tabled in 2010) addresses the 
protection of plant varieties in Sections 5 to 9 (Part II).   B. R
ESPONSES TO OUTSTANDING QUESTIONS POSED BY SWITZERLAND  
Patents 
 
1. In your law, are patents available for all cate gories of products?  In particular, are all 
pharmaceutical products patentable?  Are there an y exceptions?  If so please explain in detail 
what these exceptions are and how they comply  with Article 27 of the TRIPS Agreement. 
 
 Under the legislation currently in force Gren ada is operating a patent re-registration system 
for patents registered in the United Kingdom under the Registration of UK Patents Act (Cap. 283) and 
does not itself grant patents for the territory of Grenada.  The Registrar does have the authority to 
refuse the re-registration of a UK patent if its grant or its use would be scandalous or contrary to law 
or morality under the Patent Act  (Cap 227). 
 
 The draft Industrial Property Bill 2002 which had been prepared with the assistance of WIPO 
was notified to the WTO as IP/N/1/GRD/I/3 on 13 June 2002, and contained provisions for 
patentability and exclusions from patentability, and provided for exceptions.  This draft did not pass 
into law.    The present draft Patents Act (due to be tabl ed in 2010) contains provisions on patentability 
and exceptions in Section 2 which deals with matters excluded from patent protection and and 
Section 3 which gives the patentability criteria (Part II of the said Act).  
2. Does your law, in accordance with Article 27.1 in combination with Article 31 of the 
TRIPS Agreement, consider importation as "working a patent" (and therefore preclude 
compulsory licensing, if a product is being imported)?  
 The draft Industrial Property Bill 2002 which had been prepared with the assistance of WIPO was notified to the WTO as IP/N/1/GRD/I/3 on 13 June 2002, and contained provisions on the rights 
of the patentee.  This draft did not pass into law.  
 The present draft Patents Act (due to be tabled  in 2010) contains provisions on the right of 
importation in Section 11(1) & 11(2).    IP/Q/GRD/1/Add.1, IP/Q2/GRD/1/Add.1,  
 IP/Q3/GRD/1/Add.1, IP/Q4/GRD/1/Add.1  Page 3 
 
 
  3. Does your law make compulsory licenses subj ect to all the conditions enumerated in 
Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law. 
 
 The draft Industrial Property Bill 2002 which had been prepared with the assistance of WIPO 
was notified to the WTO as IP/N/1/GRD/I/3 on 13 June 2002, contained provisions on compulsory 
licenses.  This draft did not pass into law.   The present draft Patents Act (due to be ta bled in 2010) contains provision on compulsory 
licenses in Section 13 (Part II of the said Act). 
 
4. 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. 
 
 The draft Industrial Property Bill 2002 which had been prepared with the assistance of WIPO 
was notified to the WTO as IP/N/1/GRD/I/3 on 13 June 2002, and containe d provisions on process 
patents. This draft did not pass into law.   The present draft Patents Act (due to be tabled this year) contains provisions for the principle 
of the reversal of burde n of proof on process patent  litigation in Section 21. 
 Protection of Undisclosed Information 
 
5. Please explain in detail if your legislation ensures that undisclosed and confidential test 
data or other data submitted by an applicant to the responsible State agency in the procedure 
for market authorisation of a pharmaceutical or of an agricultural chemical product is 
protected against disclosure and against unfair comm ercial use by a competitor, for example by 
prohibiting a second applicant from relying on, or fr om referring to the original data of the first 
applicant, when applying subsequently for mark et authorisation for his own product.  Does 
your legislation provide for exceptions to this?  If yes, under what conditions would such exceptions apply?  Does your legislation provide  for a defined period of protection for 
undisclosed information / for such t est data of the first applicant? 
 The Grenada Pharmacy Council, operating un der Cap 241, recognizes marketing approval 
from the regulatory authorities in the United Stat es and the United Kingdom and does not itself 
require test data submission for marketing approval for pharmaceuticals or chemical entities.  There is 
therefore no provision in the current law pertaining specifically to the protection of test data for pharmaceuticals or chemical entities.  There is no  general protetction for undisclosed information in 
the draft acts  mentioned above. 
 
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