With regard to the enforcement obligations of Articles 41-61 of the TRIPS Agreement, the draft legislation in Grenada states the following: The performance of any of the acts in Grenada by a person other than the owner of the title of protection, and without the agreement of the latter, constitutes an infringement. On the request of the owner of the title of protection, or of a licensee if the licensee has requested the owner to institute court proceedings for specific relief and the owner has refused or failed to do so, the court may grant an injunction to prevent infringement, an imminent infringement, or an unlawful act, and may award damages and grant any other remedy provided for in the general law. Any decision taken by the Registrar under this Act, in particular the grant of a patent or the registration of an industrial design or of a mark or collective mark, or the refusal of an application for such a grant or registration, may be the subject of an appeal by any interested party before the […..] Court and such appeal must be filed within [2] months of the date of the decision. With regard the production of confidential information, section 50(5) states: "In requiring the production of evidence, the court before which the proceedings referred to in subsection (4) take place must take into account the legitimate interests of the alleged infringer in not disclosing manufacturing and business secrets". Section 50(2) states: "On the request of the owner of the title of protection, or of a licensee if the licensee has requested the owner to institute court proceedings for specific relief and the owner has refused or failed to do so, the court may grant an injunction to prevent infringement, an imminent infringement, or an unlawful act referred to in section [41](2), and may award damages and grant any other remedy provided for in the general law". Section 50(3) of the draft legislation states: "Any person who knowingly performs an act which constitutes an infringement as defined in subsection (1) or an unlawful act as defined in section [41](2) commits an offence and is liable on summary conviction to a fine of $___ and to imprisonment for ___ years". There is no provision in the draft for the indemnification of a defendant by a Judge in the event of abuse by the defendant. There is no provision in the draft to authorize the release of counterfeit goods by the customs authorities. There are no procedures available in the draft to suspend the exporting of counterfeit goods. There is no provision authorizing anyone to destruct or dispose of infringing goods. There are provisions for imprisonment and the imposition of a fine, as shown the sum for the fine has not been determined as yet. The figure determined would ensure that it's a deterrent from infringement. There is no provision in the draft legislation for seizure, forfeiture and destruction of infringing goods, but in accordance with section 46 of the Copyright Act, detention and seizure authority is given to the Police officers.

The Copyright legislation in its present form does not address the protection of "foreign works".

Existing intellectual property rights legislation of Grenada does not provide for national treatment and most-favoured nation treatment to nationals of other WTO Members, but the draft Industrial Property Act, makes provision for national treatment and most-favoured nation treatment with respect to patents, industrial designs, marks, collective marks and trade names.

The Copyright law of Grenada does comply with Article 9 of the TRIPS Agreement, by making provisions for all the areas covered in articles 1 through 21 of the 1971 Berne Convention, except Article 6bis.

The present law does not address the subject of computer programmes, but section 6(2) of the CARICOM Draft legislation which we are looking at, makes such provisions.

There is no corresponding provision of Article 11 of the TRIPS Agreement in the Copyright legislation of Grenada.

In accordance with section 8 of our copyright legislation, protection shall continue to subsist until the end of the period of fifty years. As stated in section 6, in order to gain protection under this Act, the author must be a citizen of Grenada or domicile here, when the work was made, or if the making of the work extended over a period of time, was a citizen or domicile for a substantial part of that period. In the case of published work if the first publication took place in Grenada or the person was a citizen or domicile in Grenada. In the case of artistic work that is a building or incorporated in a building, if the building is erected in Grenada.

Under section 13 of the Act, protection is granted to every performance of a literary or musical work by a performer who is a citizen of Grenada or domicile there; or if the performance takes place on or after the date of commencement of the Act. The rights subsisting in a protected performance is the exclusive right to authorize any person to make recordings; broadcast communication by cable; or to use a record of the performance for the purpose of given a public performance. This is in relation to the performance or a substantial part thereof, in Grenada or on any ship or aircraft registered in Grenada.

There is no provision in the copyright legislation for the protection of the producers of phonograms.

In our draft legislation a "mark" is defined as "any visible sign capable of distinguishing the goods ("trademark") or services ("service mark") of an enterprise" and a "collective mark" as "any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other common characteristic, including the quality, of goods or services of different enterprises which use the sign under the control of the registered owner of the collective mark".

In accordance with Section 27 of the draft legislation an application for the registration of a mark must be filed with the Registrar and accompanied by the prescribed application fee. The application must contain a request for registration of the mark, a reproduction of the mark and a list of the goods or services for which registration of the mark is requested, listed under the applicable class or classes of the International Classification. The registered owner has the right to allow the use of a registered mark and the right to institute court proceedings against any person who infringes their rights.

The registration of a mark is for a period of ten (10) years from the filing date of the application for registration, and may upon request be renewed for consecutive periods of ten (10) years by the payment of the prescribed renewal fee. If after its registration, the mark has not been used by the registered owner or a licensee during a continuous period of three (3) years or longer, the Court may by order, on request, remove the mark from the register.

There is no legislation dealing with this area.

There is no legislation dealing with this area.

In accordance with section 19 of the draft legislation an application for the registration of an industrial design must be filed with the Registrar and accompanied by the prescribed application fee. The application must contain a request for registration of the design, drawings, photographs or other adequate graphic representations of the article embodying the industrial design, and an indication of the kind of products for which the industrial design is to be used. A specimen of the article embodying the industrial design, if the industrial design is two-dimensional may accompany the application. If the applicant is not the creator, a statement justifying the applicant's right to the registration of the industrial design must accompany the request. The registered owner has the right to allow the exploitation (making, selling or importing of articles incorporating the industrial design) of the industrial design in Grenada and the right to institute court proceedings against any person who exploits the industrial design without their agreement or who performs acts which make it likely that infringement will occur.

There is no provision for textile designs.

As stated in section 3 of the draft legislation, a "patent" is the title granted to protect an invention. An invention is an idea of the inventor that permits in practice the solution to a specific problem in the field of technology, and may relate to a product or process. The patent would only be granted if the invention is new, involves and inventive step, is capable of industrial application and not anticipated by prior art. Section 3(3) excludes from patentability: - a discovery, scientific theory or mathematical method; - a scheme, rule or method for performing a mental act, playing a game or doing business; and - diagnostic, therapeutic and surgical methods for the treatment of humans or animals, and products for use in any of those methods. There is no provision in the present draft for addressing the protection of micro-organisms, non-biological processes, microbiological processes and plant varieties.

The rights provided to patent holders are set out in section 12 of the draft legislation as follows: "The exploitation of the patented invention in Grenada by persons other than the owner of the patent require the agreement of the latter. For the purposes of this Act, "exploitation" of a patented invention means any of the following: (a) if the patent has been granted in respect of a product: (i) making, importing, offering for sale, selling or using the product; (ii) stocking the product for the purposes of offering for sale, selling or using it; (b) if the patent has been granted in respect of a process: (i) using the process; (ii) doing any of the acts referred to in paragraph (a) in respect of a product obtained directly by means of the process". The owner of the patent has, in addition to any other rights, remedies or actions available, the right, to institute court proceedings against any person who infringes the patent by performing, without the owner's agreement, any of the acts referred to above or who performs acts which make it likely that infringement will occur. The rights under the patent do not extend: (iii) to acts in respect of articles which have been put on the market in Grenada by the owner of the patent or with the owner's consent; (iv) to the use of articles on aircraft, land vehicles or vessels of other countries which temporarily or accidentally enter the airspace, territory or waters of Grenada; (v) to acts done only for experimental purposes relating to a patented invention; (vi) to acts performed by any person who in good faith, before the filing or, where priority is claimed, the priority date of the application on which the patent is granted, was using the invention or was making effective and serious preparations for such use in Grenada. The right of prior user referred to in paragraph (iv) above may be transferred or devolve together with the enterprise or business, or with that part of the enterprise or business, in which the use or preparations for the use have been made.

In accordance with section 17 of the draft legislation if the public interest so requires, or the competent authority has determined that the manner of exploitation by the owner of the patent or a licensee is anti-competitive, and they are satisfied that the exploitation of the invention would remedy such practice, they may decide that, even without the agreement of the owner of the patent, a government agency or a third person designated by the Minister may exploit the invention. This exploitation of the invention is limited to the purpose for which it was authorized and is subject to the payment to the owner of adequate remuneration, taking into account the economic value of the authority's decision. This decision is only taken after hearing the owner of the patent and any interested person who wishes to be heard. The exploitation of the invention by the Government agency or third person designated by the authority must be predominantly for the supply of the market in Grenada. The exploitation of an invention in the field of semi-conductor technology can only be authorized for public non-commercial use or if a judicial or administrative body has determined that the manner of exploitation of the patented invention, by the owner of the patent or the owner's licensee, is anti-competitive and if the authority is satisfied that the issuance of the non-voluntary licence would remedy such practice.

In accordance with section 13 of the draft, a patent expires twenty (20) years after the filing date of the application for the patent. The patent holder is required to pay an annual fee, if this is not paid, giving a grace period of six (6) months, the patent lapses. There is no provision for extension.