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Enforcement of IPRs in Grenada

Grenada

Enforcement of IPRs
Fake products are deliberately made to seem genuine. They have been produced and sold for many years now. The growth of the internet has made it easier for more counterfeiters to sell more goods to more people. Many are so skilled that it is almost impossible to differentiate between a fake and real product.
Fake goods commonly sold include designer garments and bags, watches, electrical items, and cosmetics. The availability of pirated CDs, DVDs, games, and software has declined as downloads and streaming are become more popular.
Yes
They are as follows:
  • The Trademarks (Amendment) Act 2012 (Act No. 18 of 2012);
  • The Trademarks Act, 2012 (Act No. 1 of 2012);
  • The Copyright Act (Cap. 67, Act No. 21 of 2011);
  • The Corporate Affairs and Intellectual Property Office Act (Cap. 69A, Act No. 19 of 2009);
  • The Copyright (Delivery of Books) Act (Cap. 68);
  • The Registration of United Kingdom Patents Act (Cap. 283); and
  • The Patents Act (Cap. 227).
Trademarks, copyright, and patents are the different types of IPRs protected by IPR enforcement in Grenada.
Yes - No prosecution for an offence shall be commenced after the expiration of 05 years after the commission of the offence, or 01 year after the discovery thereof, whichever date occurs last.
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Yes
Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
No
If an IP rights holder abuses the enforcement measures in criminal prosecution or an order of the court, a fine imposed by the court needs to be paid.
No
Yes
Yes
A) Responsible Authority - High Court
B) Imprisonment Term - Trademarks, Copyright, Patents: up to 05 years
C) Monetary Fine –Trademarks: up to $10,000; Copyright: up to $5,000 for each day on which the infringement is continued; however, not exceeding $50,000 (this may be doubled by the court on subsequent conviction); Patents: $250
No
If an IP rights holder abuses the enforcement measures in criminal prosecution or an order of the court, a fine imposed by the court needs to be paid.
No
The disputes related to IPR are usually resolved through court mechanisms since the option of ADR is not commonly utilized due to the lack of confidence in the said framework.
No
No
N/A
N/A
N/A
Court Proceedings
The lack of formal measures of recording intellectual property rights with the customs is a serious disadvantage, which invites the risk of enforcement of intellectual property rights belonging to both domestic and foreign proprietors of IPRs.