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Enforcement of IPRs in Barbados


Enforcement of IPRs
It is usually the importation of fake items, which are being sold in the local markets that are the main source and cause of counterfeiting goods and piracy in Barbados. Therefore, it is usually through porous border measures that such operations are witnessed.
Branded shoes, clothes, and bag packs are the goods that most often face counterfeiting and piracy in Barbados.
The laws are as follows:
  • The Patents Act, 2001 (Cap. 314) (as amended by Act No. 2 of 2006)
  • The Trade Marks Act, Cap. 319
  • The Geographical Indications Act (Cap. 320, consolidated as of 2002)
  • The Integrated Circuits Act, Cap. 320A (consolidated as of 2002)
  • The Protection of New Plant Varieties Act, Cap. 267 (consolidated as of 2002)
  • The Copyright Act, 1998 (Cap. 300)(as revised up to 2006)
  • The Industrial Designs Act, 1981, (CAP. 309A) (as last amended by Act 1988-6)
Patents, Copyright, Trademarks, Industrial Designs, Integrated Circuits, Plant Varieties, and GIs are the different types of IPRs protected by IPR enforcement in Barbados.
Except in urgent circumstances, all where the limitation period is about to expire, the civil procedure rules generally require that a pre-action letter be sent to the alleged infringer with a view to minimize the need for litigation. Once this action is filed, the court determines the case management and pre-trial review steps before the hearing of the pieces of evidence or summations. It may take several years to go through the preliminary procedures before the trial date is fixed.
Yes - A civil action for infringement may be brought up within a period of 06 years after the infringement has occurred. A criminal prosecution must be brought within 05 years after the date of the offence or 05 years after the last date on which the last of any continuing offence was committed.
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Other civil remedies available in Barbados include an order for erasure of offending signs and delivery up of goods and materials.
A) Responsible Authority - High Court, Magistrates Court, Court of Appeal
B) Imprisonment Term - Trademarks: usually up to 06, years but may extend up to 10 years; Copyright: on summary conviction, imprisonment for 05 years and on conviction on indictment to an imprisonment of 10 years; Patents: up to 02 years; Industrial Designs: imprisonment for a term of up to 12 months.
C) Monetary Fine - Trademarks: BBD$ 10,000 to 40,000; Copyright: on summary conviction, a fine of $100,000 and on conviction on indictment to a fine of $500,000; Patents: $50,000, but in the case of a continuing offence, to a further fine of $2,000 a day for each day or part of the day on which the offence continues; Industrial Designs: a fine of $10,000, in the case of a continuing offence, to work for the fine of $1000 a day for each day or part of the day on which the offence continues after the conviction was first obtained.
Barbados has a framework to facilitate arbitration; however, the option of ADR is not frequently utilized to settle the IPR disputes. It may be preferred where both the parties agree to resort to ADR techniques.
The court may order detention of goods to be forfeited to the crown, compensation/damages in the case of loss to the proprietor of goods.
The applicant must bear the cost of customs intervention during enforcement.
Where the IP rights holder abuses the enforcement measures, the customs are not obliged to act pursuant of the request made by the proprietor to deter infringement of his or her rights.
Court Proceedings