États-Unis d'Amérique
Brevets (y compris la protection des variétés végétales)
17. Please describe in detail any provisions in the laws of Barbados permitting unauthorized use of a patent, citing to the relevant provisions of law, and describe in detail the conditions under which such use can occur.
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.