There are no administrative bodies in Barbados empowered to grant such provisional or interlocutory relief. However, the Customs Department is granted certain powers of a non-judicial nature, as discussed in the answers relating to border measures below.
[Answer 15: Indicate for which goods it is possible to apply for the suspension by the customs authorities of the release into free circulation, in particular whether these procedures are available also in respect of goods which involve infringements of intellectual property rights other than counterfeit trademark or pirated copyright goods as defined in the TRIPS Agreement (footnote to Article 51) At common law in Barbados, the court may hear applications from holders of intellectual property rights, who have reasonable grounds for suspecting that infringing goods are being imported into Barbados, for orders restraining such importation. Legislation concerning intellectual property rights relating to trademarks and copyright also contain provisions granting the Customs Department powers to seize and detain counterfeit trademark goods and pirated copyright goods at points of entry into Barbados, upon application by the right holder . The Copyright Act, Section 49, allows the Customs Department to seize imported copies of published copyright material on application by the right holder or another authorised person to the Comptroller of Customs . Specify, together with relevant criteria, any imports excluded from the application of such procedures (such as goods from another member of a customs union, goods in transit or de minimis imports). Do the procedures apply to imports of goods put on the market in another country by or with the consent of the right holder and to goods destined for exportation? The importation by an individual for his own personal use of not more than five (5) of the same items bearing a registered trade mark in respect of which a notice has been given in accordance with Section 53A of the Trade Marks (Amendment) Bill, 2001 is permitted and the Comptroller of Customs may permit the importation of a greater number of items if he is satisfied that the goods are for the personal use of that individual.]
[Answer 16: As provided by Sections 207 and 210 of the Customs Act and Section 49 of the Copyright Act, the Comptroller of Customs is the competent authority for dealing with the suspension of release of goods. The right holder is required to initiate proceedings by giving notice in writing to the Comptroller of Customs of his objections to the importation of the goods, together with any documents as may be required by the Comptroller. The notice remains in force for five (5) years from the day it was initially given. A security must be given by the copyright owner, his exclusive licensee, or, any other authorised person to cover any expenses incurred by the comptroller in seizure and detention of the goods. With regard to trade marks, the Comptroller is entitled to seize infringing goods being imported into Barbados and subject to the control of the Customs Department within the provisions of the Customs Act. If the goods bear a mark which in the opinion of the Comptroller is identical with, or deceptively similar to, a trademark registered in Barbados and are in the class for which the trademark is registered, the Comptroller shall seize the goods unless satisfied that there are no reasonable grounds for seizure and detention on the grounds of infringement. The Comptroller shall give notice of the seizure to the importer of the goods, as well as to the objecting party. The Customs Act also provides that the notice must state that the goods that are seized and detained will be released to the importer if the objector fails to bring an action in the court with respect to the alleged infringement, and informs the Comptroller of the existence of that action, within days of the filing of the notice, unless the Comptroller extends the period for such information to be brought to him. Failure to give the Comptroller notice of the action before the court will result in his releasing of the goods to the importer or owner. If during the intervening period the Comptroller has notice of any information indicating that the goods are in fact not infringing any intellectual property rights, he shall release the goods to the importer or owner. The Comptroller in his discretion may allow both parties to inspect the seized goods for evidentiary purposes. The Supreme Court retains jurisdiction to order that the goods may be released to the importer in the event that it is satisfied that there has been no infringement. On the other hand, the court may also order, on application by the right holder, the exclusive licensee or authorised agent, that the infringing goods be delivered up, forfeited to the applicant, or destroyed or otherwise dealt with as the court deems fit. In any event, if the court decides that there has been no infringement, the applicant may be ordered to compensate the importer or owner.]
[Answer 17: Describe provisions governing the length and cost of proceedings. Provide any available data on the actual duration of proceedings and their cost The Copyright Act, 1998, as well as the Trade Mark (Amendment) Bill, 2001, provide for border measures in order to prevent the importation of infringing goods, as stated in the answers to questions 8 and 13, the amount of time and cost of such proceedings will depend on the complexity of the issues involved and whether the required information has been provided to trigger action by the Comptroller of Customs. These matters will also depend on the extent of the alleged infringement and the quantum of infringing goods to be seized. However, since no requests for seizure have been made, there is no available data and the foregoing answer is merely hypothetical. How long is the validity of decisions by the competent authorities for the suspension of the release of goods into free circulation? The action before the Court in respect of the seizure and detention, or suspension of release of goods, must be filed within ten (10) working days of notice being given to the objector by the Comptroller of the suspension of release or seizure. During this ten (10) day "action period" or during an extension of this period, the right holder must apply to the court for an order preventing the release of the goods into free circulation. Where after three (3) weeks from the day on which the action was brought, there is not in force at any time, an order of the court preventing the goods from being released, the Comptroller of Customs shall release the goods to their designated owner.]
[Answer 18: Are competent authorities required to act upon their own initiative and, if so, in what circumstances? All actions in respect of intellectual property rights in Barbados must be initiated by the right holders, the exclusive licensee or an authorised agent, or the registered owner of the right. The authorities usually do not commence action except on the instance of the right holder or owner, or unless a right vested in the Crown is infringed. Are there any special provisions applicable to ex officio action? No.]
[Answer 19: All remedies applicable to intellectual property rights are decided by the court. See the answers provided to question 5 above.]