What are the causes of counterfeiting and piracy in Grenada?
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.
Which are the goods that most often face counterfeiting and piracy in Grenada?
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.
Does Grenada have a well-established framework for the enforcement of Intellectual Property Rights (IPRs)?
Yes
What are the specific laws/orders/rules laid down in Grenada for the enforcement of Intellectual Property Rights?
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).
What are the different types of IPRs protected by IPR enforcement in Grenada?
Trademarks, copyright, and patents are the different types of IPRs protected by IPR enforcement in Grenada.
What are the general IPR enforcement obligations in Grenada?
What are the essential to-dos before an IP rights holder initiates the enforcement proceedings?
Is there any limitation period for filing an infringement action?
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.
Which of the following IPR enforcement channels is/are available in Grenada?
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Are civil actions available for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in civil litigation?
Yes
Which of the following types of civil remedies is/are available in Grenada?
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Are there any other civil remedies available in Grenada than the ones mentioned above? If yes, then kindly explain in brief.
No
What is the approximate timeline of civil litigation related to IPR enforcement in Grenada?
What happens if an IP rights holder abuses the enforcement measures in civil litigation?
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.
Are there any disadvantages of civil litigation in Grenada? If yes, then kindly give 2-3 points?
No
Is criminal prosecution available in Grenada for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in criminal prosecution?
Yes
Which is the responsible authority in Grenada corresponding to the types of criminal remedies available? Also, mention the imprisonment term and the monetary fine.
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
Are there any other criminal remedies available in Grenada than the ones mentioned above? If yes, then kindly explain in brief.
No
What happens if an IP rights holder abuses the enforcement measures in criminal prosecution?
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.
Are there any disadvantages of criminal prosecution in Grenada? If yes, then kindly give 2-3 points?
No
Are there any alternative dispute resolution mechanisms which allow parties to resolve their dispute out of court?
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.
Are border control measures (customs) available in Grenada for the enforcement of IPRs?
No
Is the IP rights holder required to present reasonable evidence to the customs authority/department to support his claims of infringement against the opposing party/importer of counterfeit goods?
No
What are the remedies available under border control measures (customs) in Grenada?
N/A
Who must bear the costs of customs intervention during enforcement?
N/A
What happens if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs?
N/A
Which are the best practices for enforcement of IPRs in Grenada?
Court Proceedings
Are there any risks involved in the enforcement of IPRs in Grenada? If yes, then kindly give 2-3 points.
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.
