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.

Please refer to section 151 of the Copyright Act which provides the necessary transitional protection.

In practice, the author will determine what is reasonable. If an objection is taken as to the size of the extract taken from his work for use in the public reading or recitation, the issue of reasonableness will ultimately become a matter for determination by the High Court which in the course of hearing the infringement action will make a determination of the "reasonableness" or otherwise of the extract used.

The right of droit de suite is not contemplated in Barbadian law.

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.

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.

It should be noted that in Barbados the competent 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 possibility of liability or expense incurred by him as a result of the suspension or detention of articles by the Customs Department.

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 alleged infringement of intellectual property rights.

Please refer to our answer to question 10.

The procedures implement Article 51 of the TRIPS Agreement and accordingly only relate to the importation of counterfeit trademark or pirated copyright goods.

Please see our response to question 9.

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.

Please see Barbados's responses to questions 3 and 4 of the Checklist of Issues on Enforcement for a detailed response to this question.

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, combinations or arrangements of colours and shapes of goods or containers." The above definition is subject to objections which may be taken to the registration of the mark on relative or absolute grounds, including the potential of a mark to mislead, deceive or be confused with a previously registered mark or a well-known mark, well-known names, and marks containing a geographical indication of such a nature as would mislead the public as to the true place of origin of the goods. [Please refer to sections 8 and 9 of the Trade Marks Act, 1981(as amended by the Trade Marks (Amendment) Act 2001-16) and section 20 of the Geographical Indications Act, Cap. 1998-22.]

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 such as sounds, smells and perfumes are not protected in Barbados.

There are no requirements for use as a condition of initial trademark registrations in Barbados. Section 26 of the Act which previously provided that any application for renewal of a mark must be accompanied by a statement that the mark was in use during the year preceding the date of application for renewal; or that the mark was in disuse through circumstances beyond the control of the holder of the mark, has been amended by the Trade Marks (Amendment) Act 2001-16 to remove the requirement for use.

A trademark may be registered indefinitely at 10-year intervals on payment of the relevant fee, as provided by section 25 of the Act.

There are no special requirements restricting how a mark may be used in the course of trade. In particular, please note the provisions of section 5A of the Trade Marks Act, 1981 (as amended by the Trade Marks (Amendment) Act 2001-16 which provides that: "The use of a trade mark in the course of trade shall not be unjustifiably encumbered by any special requirement, including use with another trade mark, use in a special form, or use in a manner detrimental to the mark’s capability of distinguishing the goods or services of one enterprise from those of another enterprise."

Please refer to Barbados's responses to questions 5, 10, 11 and 12 of the Checklist of Issues on Enforcement for a detailed discussion of the provisional measures which may be employed in Barbados in relation to the alleged infringement of intellectual property rights. Additionally, protective measures are also available to the registered owner and licensee of a mark in accordance with sections 38-40 of the Trade Marks Act, 1981 in cases of the infringement or imminent infringement of the mark.

In Barbados the competent authority for dealing 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.