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Enforcement of IPRs in Guyana


Enforcement of IPRs
The challenge associated with monitoring is the inward movement of goods, which may or may not be counterfeit. The limited capacity of the Food and Drug Analyst Department to monitor the imports at legitimate ports of entry is a major problem. The absence of effective policing of the country's huge and porous borders is another cause of counterfeiting and piracy in Guyana.
Medicines and cosmetics most often face counterfeiting and piracy in Guyana.
The laws are as follows:
  • The Geographical Indications Act 2005
  • The Patents and Designs Act (Cap. 90:03)
  • The Trademarks Act (Cap. 90:01) (as amended by Act No. 4 of 1972)
  • The Patents Regulations
  • The Copyright Act 1956 (Cap. 74)
  • The Designs Regulations (Reg. 14/9/1947)
Trademarks, GIs, Patents, Copyright, and Designs are the different types of IPRs protected by IPR enforcement in Guyana.
Yes, as per section 102 of the Patents and Designs Act, notwithstanding anything in any enactment prescribing the time within which the proceedings may be brought before a court of summary jurisdiction, proceedings for an offence under the Act may be commenced at any time within 12 months from the date on which the alleged 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
Under the Act, copyright infringement is a civil wrong and does not attract criminal liability, which means that the onus lies on the person who was wronged to enforce his or her rights by court action. This may not always be deterrent enough since infringement is punishable with up to 700 dollars; however, the chances of such stringent actions are rare.
A) Responsible Authority - N/A
B) Imprisonment Term - N/A
C) Monetary Fine - N/A
The option of alternative dispute resolution mechanism is not readily utilized due to the lack of adequate legal and regulatory framework, which encompasses the needs of the Caribbean single market and economy. However, where parties to the dispute agree to resolve the dispute by using ADR techniques, they may do so in furtherance of a written contract.
Court Proceedings
Although IP registration exists in Guyana, there are many challenges when it comes to implementation due to outdated regulations. However, steps are being taken to update the country’s draft legislation.