| IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 |
Granada |
Estados Unidos de América |
19. Please describe in detail the protection for layout-designs of integrated circuits provided under the laws of Grenada, including the term of protection, and cite to the relevant provisions of law.
|
Presently there is no legislation in this area.
|
08/06/2004 |
|
| IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 |
Granada |
Estados Unidos de América |
20. Please describe in detail how the laws of Grenada provide for the protection of undisclosed information as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevant provisions of law.
|
Presently there is no legislation in this area.
|
08/06/2004 |
|
| IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 |
Granada |
Estados Unidos de América |
21. Please describe in detail the manner in which protection is provided test data regarding pharmaceutical and agricultural chemical products submitted to the government in order to obtain marketing approval in Grenada and cite to the relevant provisions of law.
|
Presently there is no legislation in this area.
|
08/06/2004 |
|
| IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 |
Granada |
Estados Unidos de América |
22. Are other applicants for marketing approval for their own versions of a previously approved pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier applicant? If so, how long a period of exclusivity is given the earlier applicant before such reliance becomes possible.
|
Presently there is no legislation in this area.
|
08/06/2004 |
|
| IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 |
Granada |
Estados Unidos de América |
23. Please describe in detail the manner in which the laws of Grenada provide for effective action against infringement of intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
|
The draft legislation states that 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.
|
08/06/2004 |
|
| IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 |
Granada |
Estados Unidos de América |
24. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of evidence necessary to substantiate a party's claims where that party has been unable to obtain such evidence from the opposing party. Please describe how the laws or regulations of Grenada provide this authorization, citing to the relevant provisions of law or regulation.
|
With regard the protection 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".
|
08/06/2004 |
|
| IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 |
Granada |
Estados Unidos de América |
25. Please describe in detail the all of the civil remedies that are available to right holders under the laws of Grenada, citing to the relevant provisions of law or regulation.
|
In accordance with section 50(1) and (2) a right holder has the right to initiate court proceedings for specific relief of granting an injunction to prevent the infringement or an imminent infringement.
|
08/06/2004 |
|
| IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 |
Granada |
Estados Unidos de América |
26. Please describe in detail the provisional procedures and remedies available to right holders under the laws of Grenada, citing to the relevant provisions of law and regulation, and indicate any condition under which a right holder may avail itself of those procedures and remedies.
|
The legislation does not set out the procedures to be followed. The procedures may be based on the Civil Procedure Act CAP. 55 of the 1990 Revised Laws of Grenada.
|
08/06/2004 |
|
| IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 |
Granada |
Estados Unidos de América |
27. Please describe in detail the procedures under the laws of Grenada that provide for border enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent authority and citing to the relevant provisions of law or regulation.
|
The draft legislation in its present form has no provision with regard to boarder measures.
|
08/06/2004 |
|
| IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 |
Granada |
Estados Unidos de América |
28. Please indicate if border enforcement is available to owners of other forms of intellectual property and, if so, please describe the procedures and remedies available in relation to each form of intellectual property, citing the relevant provisions of law.
|
The draft legislation in its present form has no provision with regard to boarder measures.
|
08/06/2004 |
|
| IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 |
Granada |
Estados Unidos de América |
29. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent authorities can act ex officio. Please explain whether the competent authorities in Grenada are empowered to act ex officio and, if so, please identify the intellectual property areas subject to ex officio action.
|
The draft legislation in its present form has no provision with regard to boarder measures.
|
08/06/2004 |
|
| IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 |
Granada |
Estados Unidos de América |
30. Please describe in detail how the laws of Grenada implement Article 61 of the TRIPS Agreement that requires Members to have criminal procedures and penalties, including imprisonment and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting and copyright infringement on a commercial scale. Please cite to the relevant provisions of law and regulation.
|
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".
The sum for the fine has not been determined as yet. The figure determined would ensure that it's a deterrent from infringement.
|
08/06/2004 |
|
| IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 |
Granada |
Estados Unidos de América |
31. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and destruction of infringing goods and any materials and implements the predominant use of which has been the commission of the offence. Please describe the provisions in the laws of Grenada that provide for such remedies, and describe the circumstances in which those remedies would be imposed, citing to the relevant provisions of law or regulations.
|
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.
|
08/06/2004 |
|
| IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 |
Granada |
Estados Unidos de América |
32. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases of wilful infringement of other forms of intellectual property. Please describe any provisions of the laws of Grenada that provide for such procedures and remedies, citing to the relevant provisions of law or regulation.
|
As indicated above, section 50(3) clearly provides for wilful infringement.
|
08/06/2004 |
|
| IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 |
Granada |
Estados Unidos de América |
33. Please provide statistical information related to civil copyright, trademark, geographical indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for 2000, including the number of cases filed; injunctions issued; infringing products seized; infringing equipment seized; cases resolved (including settlement); and the amount of damages awarded.
|
With regard to questions 33 and 34, we do not have any statistical data.
|
08/06/2004 |
|
| IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 |
Granada |
Estados Unidos de América |
34. Please provide statistical information related to criminal enforcement in the area of copyright piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was actually served or was suspended) and any other information establishing that the criminal system operates effectively to deter copyright piracy and trademark counterfeiting.
|
With regard to questions 33 and 34, we do not have any statistical data.
|
08/06/2004 |
|
| IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 |
Granada |
Japón |
Please explain exceptions or exemptions of the national treatment and most-favoured-nation treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in Articles 3 and 4 of the TRIPS Agreement.
|
Grenada's copyright legislation in its present form does not address the issue of national treatment and most-favoured-nation treatment, as stated in Articles 3 and 4 of the TRIPS Agreement.
|
08/06/2004 |
|
| IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 |
Granada |
Suiza |
1. In your law, are patents available for all categories of products? In particular, are all pharmaceutical products patentable? Are there any exceptions? If so please explain in detail what these exceptions are and how they comply with Article 27 of the TRIPS Agreement.
|
|
08/06/2004 |
|
| IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 |
Granada |
Suiza |
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)?
|
|
08/06/2004 |
|
| IP/Q/GRD/1, IP/Q2/GRD/1, IP/Q3/GRD/1, IP/Q4/GRD/1 |
Granada |
Suiza |
3. Does your law make compulsory licenses subject to all the conditions enumerated in Article 31 of the TRIPS Agreement? Please cite the relevant provisions of law.
|
|
08/06/2004 |
|
