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Custom Recordal of IPRs in Barbados

Barbados

Custom Recordal of IPRs
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No
Yes
The Trade Marks Act, Cap. 319 - forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Barbados.
The procedure to record intellectual property rights with the customs is effective on both imports and exports.
It is the role of the Customs to intercept infringing goods following the established law in favour of the rights of the proprietors as well as the consumers. For meeting such ends, the Customs admit the request of legitimate proprietors against the infringing goods as well as act on their own motion to prevent misleading words. The entire operation, starting from the detention of goods till the destruction of goods, is supervised and controlled by the Customs authority in consonance with the directions of the Comptroller of Customs as well as the Court. It is the role of the Customs to judiciously act while dealing with such goods to meet the ends of justice.
Therefore, the responsibility of collecting bonds and securities is also entrusted with the Customs, and upon completion of the proceedings, it is the duty of the Customs to refund the remainder amount, if any.
The registered owner of a trademark may give to the Comptroller of Customs a notice in the approved form objecting to the importation of goods that infringe the trademark. The notice needs to be given together with any prescribed documents.
While making an application to the customs, the applicant should make available all the documents, which may help him establish his case, including the details of proprietorship of a particular intellectual property right, details as to the object capable of being infringed upon in the said scenario, details of the importer or exporter, history of infringements, etc.
Yes
The customs department has a centralized system.
The recordal of intellectual property rights needs to be made in a written format. Therefore, there is no online system to facilitate the same.
There is no administrative fee for recording the intellectual property rights with the customs.
A notice given by the owner of a registered trademark remains in force for 02 years starting from the day on which the notice is given, unless it is revoked before the end of that period by a notice in writing given to the Comptroller of Customs by the person who is then the registered owner of the registered trademark.
Yes
The customs department suspends the clearance of imported or exported goods either at the request of the rights holder or while the customs act in an ex officio capacity to prevent the influx of infringing goods entering into the markets of Barbados. Such clearance remains suspended until the court makes a final determination concerning those goods or where due to lack of the rights holder’s cooperation, the customs deem it appropriate to release the goods.
The applicant bears the liabilities and expenses related to the suspension of the release of infringing goods.
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Yes
Yes
The IP rights holder needs to confirm that the goods are counterfeit or original within a time frame of 10 working days.
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10 days
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For so long as the goods remain under the Comptroller control, he may require the owner of the notified mark to give security from time-to-time by way of bond over a deposit of money or otherwise, against all actions, proceedings, claims, and demands, which may be taken or made or the cost and expenses, which may be incurred by the comptroller in consequence of the detention of goods.
Where the goods are detained or seized or found to be infringing the intellectual property rights of the IP rights holder, the customs communicate the same to both the counterparts. In order to continue detention of such goods, it also collect requisite bonds and securities from either parties depending on the nature of the suit. Also, the parties are notified as to their rights to institute a suit in furtherance of seeking redressal.
Yes, the customs authority, after giving a notice of detention to the parties, including the designated owner, specifies a time limit within which an action of infringement has to be made by the trademark holder. This period is that of 10 working days, which may be extended upon requesting the customs after the customs are satisfied that the circumstances of the case were fair and reasonable to permit such extension. Failure to bring an action for infringement or give notice to the comptroller of customs of the said action in the approved form shall result in the release of detained goods.
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The court may require the submission of additional documents other than just the affidavit of the IP rights holder.
Other remedies awarded by the court include detention of goods with the effect of forfeiture of the same to the crown or award damages, compensation in proportion to the infringing act or destruction of goods as per the directions of the Comptroller of customs.
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