Brevets (y compris la protection des variétés végétales)
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.
Under the legislation currently in force Grenada is operating a patent re-registration system for patents registered in the United Kingdom under the Registration of UK Patents Act (Cap. 283) and does not itself grant patents for the territory of Grenada. The Registrar does have the authority to refuse the re-registration of a UK patent if its grant or its use would be scandalous or contrary to law or morality under the Patent Act (Cap 227). The draft Industrial Property Bill 2002 which had been prepared with the assistance of WIPO was notified to the WTO as IP/N/1/GRD/I/3 on 13 June 2002, and contained provisions for patentability and exclusions from patentability, and provided for exceptions. This draft did not pass into law. The present draft Patents Act (due to be tabled in 2010) contains provisions on patentability and exceptions in Section 2 which deals with matters excluded from patent protection and and Section 3 which gives the patentability criteria (Part II of the said Act).