Please refer to section 76 of the Act.

Please note the following general provisions: (a) Literary works – life of the author plus 50 years (section 10); (b) Sound recordings and film – 50 calendar years following the year in which the work was first being made available to the public (section 11); (c) Broadcasts and cable programmes – 50 calendar years following the calendar year of first broadcast (section 12); (d) Typographical arrangement of published edition – 25 calendar years following the calendar year of first publication of the edition (section 13).

Please see Part VIII of the Copyright Act. The duration of copyright in performance is for 50 calendar years from the end of the year in which the performance took place (section 127).

In respect of ownership of rights generally, please see Parts I, II and III of the Act. Please refer to section 76 in relation to the rental rights.

Under the provisions of the Trade Marks Act (as amended), section 4(1)-(3) contains the general definitions used therein. 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.]

Sections 10 to 22 of the Trade Marks Act 1981 (as amended by the Trade Marks (Amendment) Act 2001 sets out the procedure to be followed in the application process. These provisions are further amplified and clarified by regulations 19-38 of the Trade Marks Regulations, 1984. These pieces of legislation have been notified to the TRIPS Council. The rights of a registered trademark owner are set out specifically in section 5 and 6 of the Trade Marks Act 1981.

Under section 25 of the Trade Marks Act 1981, the registration of a mark remains valid for 10 years from the date of registration; but the registration may be renewed indefinitely for further consecutive periods of 10 years upon payment of the relevant fee on each renewal.

The Geographical Indications Act 1998-22 and its implementing regulations Geographical Indications Regulations, 2001 provide for the recognition and protection of geographical indications. Geographical designs are protected irrespective of registration. This Act has been notified to the TRIPS Council. No applications have been received by the Registrar under the Act, accordingly examples cannot be provided at this time.

Section 4 of the Act provides specific protection for homonymous geographical indications for wines. At this time, no applications under the Act have been received by the Registrar, accordingly examples cannot be provided.

Please note the provisions of sections 12-23 of the Industrial Designs Act, Cap. 309A of the Laws of Barbados which describe the procedure for applying for and registering an industrial design. The Act must be read in injunction with its implementing regulations, the Industrial Designs Regulations, 1984 setting out the applicable fees and the forms to be used in connection with the application. The protection derived from a grant of industrial design are set out in section 5(1) of the Act, viz.: "The registration of an industrial design vests in the registered owner of the design the exclusive right to prevent other persons from performing any of the following acts: (a) reproducing the industrial design in the manufacturing of a product; (b) importing, offering for sale, or exposing for sale, or selling, a product in or by which the industrial design is reproduced; or (c) stocking any product described in paragraph (a) or (b) for the purpose of sale."

There are no specific provisions relating to textile designs. Protection for such designs will be obtained in the same manner as for other all industrial designs. See the response to question 14 above.

Section 11 of the Patents Act provides that "(1) Whether or not they constitute an invention within the meaning of this Act, the following are not patentable under this Act, namely, (a) discoveries, scientific theories and mathematical methods; (b) schemes, rules or methods for: (i) the carrying on of business; (ii) the performing of acts of a mental nature only; or (iii) the playing of games; (c) methods for treatment of human beings or animals by surgery or therapy; (d) diagnostic methods practised on human beings or animals; (e) plant varieties, animal varieties and essentially biological processes for the production of plants other than microbiological processes and the products of those processes; or (f) an invention, the commercial exploitation of which would be contrary to public order or morality or which is prejudicial to human or animal health or to plant life or the environment. (2) Paragraphs (c) and (d) of subsection (1) do not extend to products invented for use in the methods referred to in those paragraphs." The exceptions contained in paragraphs (a) and (b) do not fall within the definition of patentable development as set out in Article 27.1 of the TRIPS Agreement. In practical terms, no application containing these elements is accepted by the Registrar as valid. Plant varieties are dealt with in the Protection of New Plant Varieties Act 2001, which has been notified to the TRIPS Council. Inventions not falling within the above cited exceptions, and satisfying the criteria of novelty, inventive step, and industrial applicability as provided in section 7 of the Act, are patentable and thus satisfy Article 27 of the TRIPS Agreement.

The rights of patent holders are set out in sections 5 and 6 of the Patents Act, 2001-18.

The Patents Act makes provision for the compulsory licensing of patents in highly specific instances. These instances are to be found in section 49. These conditions will be dependent of the circumstances affecting the interests of national security, national health, national nutrition, development of an essential sector of the economy of Barbados, or other public interests; these circumstances will be determined by the Minister responsible for administration of the Act. Due process is afforded to the owner of the patent or his licensee under section 49(2)(b) when the Minister intends to make an order under section 49(1) of the Act. In any event, the Minister is bound by the requirement in section 49(5) to take into account the economic value of the use of the patented invention and the need to correct anti-competitive practices in determining payment to the patent holder. To date the section has not been invoked.

Section 29 provides that the duration of patent rights is for a 20 year period. There is no protection afforded after the expiry of the 20 year period.

Section 6(2)(b) of the Integrated Circuits Act, 1998-21 expressly prohibits the importation, sale or distribution of the protected layout-design or integrated circuits that incorporate the layout design without the consent of the right holder. Section 8 of the Act provides that the duration of protection is for a ten year period from the first exploitation of the design anywhere in the world, or from the date of the filing of the application in the event that the design had never been previously exploited. As with the other industrial property statutes, the Act must be read in conjunction with its implementing regulations, the Integrated Circuits Regulations, 2001. Both the Act and its regulations have been notified to the TRIPS Council.

The Protection Against Unfair Competition Act 1998-20 employs the concept of "secret information" rather than undisclosed information. The Act defines acts of unfair competition in section 4, and also defines "secret information" in section 8(2). The Act has been notified to the TRIPS Council.

Please note the response to question 20. In addition, the Act (at section 4(2)) specifically prohibits such disclosure except where such disclosure is necessary to protect the public and steps are taken to protect the tests and data against unfair commercial use. The penalty for unauthorised disclosure is a fine or term of imprisonment, without prejudice to further civil actions.

This scenario has not arisen in practice, however, it is considered that if the information or data relied upon is in the public domain and no longer qualifies as "secret information", the prohibition against the use of such information including subsequent applicants would not apply. The Protection Against Unfair Competition Act, 1998-20 does not specify a specific time span for the protection of secret information.

Please refer generally to Barbados's responses to the Checklist of Issues on Enforcement. (document IP/N/6/BRB/1).