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In accordance with section 14 of the draft legislation, the Government or an authorized person is allowed to exploit a patent if the public interest, in particular, national security, nutrition, health or development of other vital sectors of the national economy, so requires.

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.

Within Grenada's legislation, computer software is to be considered literary work. This gives the right holder the exclusive right to do, or authorize other persons to do, in Grenada or on any ship or aircraft registered in Grenada; adaptation, reproduction in any material form, publication, communication by cable, or the distribution of copies.

Distribution is defined under the legislation as distribution to the public for commercial purposes, of copies of a work or production by way of rental, lease, hire, loan or similar arrangement. It applies to literary or musical work, sound recording and audio-visual production.

The Performers, producers of phonograms and broadcasting organizations are provided for under Part III of the copyright legislation, dealing with Neighbouring Rights. These right holders have the exclusive rights to do, or to authorize other persons to do, in relation to the production or a substantial part thereof, in Grenada or any ship or aircraft registered in Grenada the following: In the case of sound recordings, reproducing or distributing copies of it; In the case of an audio-visual production: - making a copy of it; - distributing copies of it; - causing it to be publicly performed; - broadcasting it; or - communicating it by cable. In the case of a broadcast: being a television broadcast in so far as it consists of visual images, making an audio-visual production of it or a copy of such production; being a sound broadcast or a television broadcast in so far as it consist of sounds making a sound recording of it or a record embodying such a recording; being either a television broadcast or a sound broadcast, re-broadcasting it or communicating it by cable.

Section 34 of the copyright legislation provides for exceptions. The following acts do not constitute an infringement of copyright or neighbouring rights: - fair dealing with a protected work, production, performance or edition for purposes of research or private study: - fair dealing for purposes of criticism or review, whether of that or any other work, production, performance or edition, and accompanied by a sufficient acknowledgement; - fair dealing for the purpose of reporting current events; - recording, reproducing, or making a copy of a protected work, production, performance or edition, for the purpose of judicial proceedings or report of a judicial proceeding; - recording, reproducing, making a copy of or publishing a protected work, production, performance or edition by order of either House of Parliament for the exclusive use of the members of the House; - reading or reciting in public any reasonable extract from a published literary work, accompanied by a sufficient acknowledgement; - publication intended for the use of educational institutions, so described in the title and any advertisement issued by or on behalf of the publisher; - the reproduction by a teacher or pupil in the course of instruction; and - the performance, in the course of the activities of a school or other educational institution.

Copyright subsists in literary works, musical works and artistic works. This protection subsist in any protected work: (a) of which the author was a citizen of Grenada or domicile here, when the work was made or, if the making of the work extended over a period, was a citizen or domicile for a substantial part of that period; (b) in the case of a published work: - if the first publication took place in Grenada; or - if the author was a citizen of Grenada or domicile here when the work was first published; - if the author had died before publication but was a citizen immediately before his death. (c) in the case of an artistic which is a building or is incorporated in a building, if the building is erected in Grenada. Neighbouring rights subsist in sound recordings, audio-visual productions and broadcasting. The rights in this area subsist in every production: (a) in the case of a sound recording or audio-visual production; if the maker thereof was a citizen of Grenada or domicile here for the whole or a substantial part of the period during which the sound recording or audio-visual production was made. If the sound recording or audio-visual production has been published, and the first publication took place in Grenada. (b) in the case of broadcast, if the broadcast is made by a broadcasting organization in possession of a valid licence granted to it by or under the law regulating wireless telegraphy in force in Grenada.

Section 65 of the copyright legislation states that where immediately prior to the commencement of this Act copyright subsist in Grenada by virtue of an earlier Act, such copyright shall continue to subsist.

Section 24 of the Draft Industrial Property Legislation, mentioned in out introductory remarks, defines a mark as, any visible sign capable of distinguishing the goods ("trademark") or services ("service mark") of an enterprise.

Yes, services are protectable under the draft legislation. Also trade names that is defined as the name or designation identifying and distinguishing and enterprise.

The mark must be capable of distinguishing the goods or services of one enterprise from those of other enterprises. It must not be likely of misleading the public or trade circles. If identical with, or is an imitation of or contains as an element, an armorial bearing, flag or other emblem, a name or abbreviation or initials of the name of, or official sign or hallmark adopted by, any State, Intergovernmental Organization or Organization created by an international convention, will not be registered unless authorized by the competent authority of the State or Organization. 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.

Section 36 of the draft legislation permits the registration of trademarks to be indefinitely renewable.

The draft legislation states that a mark must be in continuous use, if not in use during a continuous period of three years an interested person may request the Court to order the removal of the mark from the register.

There is no legislation dealing with this area.

There is no legislation dealing with this area.

There is no legislation dealing with this area.

There is no legislation dealing with this area.

There is no legislation dealing with this area.