WORLD TRADE
ORGANIZATIONIP/N/6/BRB/1
6 July 2001
(01-3377)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
CHECKLIST OF ISSUES ON ENFORCEMENT1
Responses from Barbados
Introductory Remarks
The Agreement on Trade-Related Aspects of Intellectual Property Rights covers eight (8)
international standards concerning the availability, scope and use of intellectual property rights.  The
required minimum standards are set out in Sections 1 to 8 of Part II of the Agreement.  UnderBarbados Law, these rights may be broadly classified into two (2) distinct categories, as follows:
Rights granted by a Registrar following a registration process, namely:
- patents (granted under the Patents Act, 1981 and the Patents Bill, 20012);
- trade and service marks (registered under the Trade Marks Act of 1981);- industrial designs (registered under the 1981 Industrial Designs Act);- geographical indications (registered under the Geographical Indications Act, 1998);
- layout-designs of integrated circuits (registered under the Integrated Circuits Act,
1998);
- plant breeders' rights (registered under the Protection of New Plant Varieties Bill,
2001
3).
Rights which are created or which arise automatically by operation of law, namely:
- copyright (and related rights) governed by the Copyright Act, 1998;
- rights of action or other entitlement to institute civil proceedings for infringement and
enforcement which arise either at "common law"4 or by virtue of the provisions of the
Protection Against Unfair Competition Act, 1998, the Patents act, the Trade Marks
                                                     
1 Document IP/C/5.
2 See Annex I of document IP/N/1/BRB/2 for a brief description.  The Patents Bill, 2001 is expected to
be in force by 30 June 2001.
3 See Annex I of document IP/N/1/BRB/2 for a brief description.  The Protection of New Plant
Varieties Bill, 2001 is expected to be in force by 30 June 2001.
4 E.g. the English "Common Law" action for "passing off" (which provides a remedy for
misrepresentation of the origin of goods and services and therefore gives protection against the unauthorised use
of trade marks which while unregistered have gained through their use a reputation in the relevant market).IP/N/6/BRB/1
Page 2
Act, the Industrial Designs Act, the Integrated Circuits Act or under the other
intellectual property statutes.
As a former colony of Great Britain, Barbados inherited its legal system from the United
Kingdom.  Like many former colonies of Great Britain, Barbados' legal system is founded on Englishcommon law received at independence, statute law, case law and a written constitution, which is the
supreme law which provides the foundational framework for all other laws of Barbados.
The Constitution sets out and guarantees several fundamental rights and freedoms including
protection from deprivation of property and also establishes the main organs and offices of State,
including the Supreme Court of Judicature.
In Barbados, registered intellectual property rights are granted or registered through the
Office of the Registrar of Corporate Affairs and Intellectual Property (the Registrar).  The intellectual
property rights statutes provide the Registrar with largely administrative powers in relation to the
grant or registration of intellectual property rights.  However, a few of the intellectual property rights
statutes confer limited judicial functions on the Registrar to hear and determine specific issues andresolve disputes which may arise between the applicant and third parties in the course of an
application
5 for registration of an intellectual property right.  All decisions, acts or omissions of the
Registrar are subject to appeal to the High Court, w ith the possibility of further appeals to the Court of
Appeal, and even to the British Privy Council, as  the judicial body vested with final appellate
jurisdiction in civil and criminal matters in Barbados.
Laws relating to intellectual property in Barbados grant private rights to the right holder.  As
with all other private rights, the responsibility fo r enforcement of intellectual property rights lies
primarily with the right holder.  In addition to instituting civil proceedings for enforcement of his
rights, the right holder is also entitled to make a formal complaint or other report to the police
authorities that a criminal offence in relation to his intellectual property rights has been committed.  In
these circumstances, the complaint is investigated a nd criminal charges may be instituted against the
alleged perpetrator.
Civil and Administrative Procedures and Remedies
(a) Civil judicial procedures and remedies
1. Specify the courts which have jurisdiction over IPR infringement cases.
There are no specialist courts established exclusively for the adjudication of intellectual
property matters in Barbados.  Accordingly, general jurisdiction over all civil cases (includingintellectual property right cases) is vested in the Supreme Court of Judicature, consisting of the High
Court and the Court of Appeal.  Below the Supreme Court is a system of Magistrates' Courts which
have jurisdiction in minor civil matters.  Rights of final appeal from the Supreme Court are vested in
the British Judicial Committee of the Privy Council.
                                                     
5 The Trade Marks Act, Cap. 319;  the Geographical Indications Act, 1998-22;  the Integrated Circuits
Act, 1998-21.IP/N/6/BRB/1
Page 3
2. Which persons have standing to assert IPRs? How may they be represented? Are there
requirements for mandatory personal appearances before the court by the right holder?
Which persons have standing to assert IPRs?
The owner of the intellectual property right, or  his duly authorised licensee, may assert his
right in intellectual property by way of proceedings in the civil courts.  The rights in trade marks6,
patents, industrial designs, geographical indications, plant breeders' rights and the layout-designs of
integrated circuits are all enforceable by the right holder or the licensee, provided that such person is
recorded as the proprietor or licensee in the appropriate register held by the Registrar of Corporate
Affairs and Intellectual Property.
Copyright and its related rights are capable of assertion by the "first owner" of the rights in
the work.  Unlike the above-mentioned intellectual property rights which are all registerable, there is
no formal registration of copyright and its related rights in Barbados.  The owner of the right may
initiate proceedings in respect of copyright infringement, whether such ownership arose by way of
creation of the work, by subsequent operation of law,  or by way of assignment of other transmission
of the right.  A holder of an exclusive license in  the work may also commence civil action against the
infringer.
In the case of the registerable intellectual property rights, the owner or licensee of those rights
is legally bound to have his rights recorded in the Register.  The relevant enactments providing for theregistration of the categories of intellectual property rights identified in the first part of the
introductory remarks under "Rights granted by a Registrar following a registration process" above,
allow any interested party to initiate enforcement proceedings against anyone who uses those rights in
an unlawful manner.
In the case of trade marks, the common law action of "passing off" remains an option in the
instance where an unregistered mark is infringed.
How may they be represented?
A natural person is entitled to enter a personal appearance before the Magistrates' Court or the
Supreme Court, however, a corporate entity must be represented by an attorney-at-law called to theBarbadian Bar who is qualified to practice law in Barbados.  In Barbados, unlike in the United
Kingdom, the legal profession is "fused", which means that a qualified attorney-at-law called to the
Bar in Barbados has a right of audience before an y court without the need for the litigant to engage
both a solicitor and barrister-at-law.
Are there any requirements for mandatory personal appearances before a court by the right
holder?
There are no requirements for mandatory personal appearances, however the right holder
must be identified as such, and a person representing the right holder must enter an appearance onbehalf of the right holder and establish his right to present the claim in question on the right holder's
behalf.
                                                     
6 See Annex I of document IP/N/1/BRB/2 for a brief description of the Trade Marks Act, Cap. 319.
The term "trade mark" includes "service mark".IP/N/6/BRB/1
Page 4
3. What authority do the judicial authorities h ave to order, at the request of an opposing
party, a party to a proceeding to produc e evidence that lies within its control?
Under the provisions of the Rules of the Supreme Court and the Evidence Act, the Supreme
Court has the power to order the production of documents in court.  A party to litigation is legallyobligated to allow "discovery" of all relevant documents in its custody.  During "discovery", the
documents relevant to the case are listed by both sets of litigants and the list is given to the other party
for inspection;  and copies of those documents are then  provided to that party.  The only exceptions to
this rule are those documents for which legal or professional privilege is claimed, such as documents
relating to attorney/client communications.  In the event that a party does not provide discovery of
documents, that party's statement of claim or defence, as the case may be, may be "struck out" under
applicable rules of court.
In Barbados, there is also provision for the court to order that documents or other material
relevant to proceedings be protected if there is a legitimate fear that such documents or material will
be destroyed prior to their production before the court.  This is set out in more detail in the answer to
question 10 below.
4. What means exist to identify and protect confidential information brought forward as
evidence?
The legislation in Barbados makes no provision as to the treatment of confidential
information arising from evidence given in court.  Th e court retains discretion as to the treatment and
security of such information.  It is for the party claiming confidentiality of the information to place the
court on notice of the nature of the information and to request the court's ruling on the issue.  The
court will, if necessary, make orders relating to the type and manner of protection of such information.
While most litigation in Barbados is held in open court, when the public and press may be
present, some in limine  matters and in camera  proceedings are held in closed session, where the
public will not be allowed to be present and journalists will be prohibited from publishing anything
concerning the evidence in the matter.
5. Describe the remedies that may be ordered by the judicial authorities and criteria,
legislative or jurisprudential, for their use ;
- injunctions;
- damages, including recovery of profits, and expenses, including attorney's fees;
- destruction or other disposal of infringing goods and materials/implements for
their production;
- any other remedies.
Injunctions
 Under the provisions of Barbadian law, including those relating to intellectual property, the
court is empowered to grant an injunction directed to the defendant forbidding any further
infringement of the action complained of.  An injunction may be permanent or interlocutory in nature.IP/N/6/BRB/1
Page 5
Generally, an interlocutory injunction is obtained before trial of the case, once the court is
satisfied that
- there is a serious issue to be tried;  and
- the damage to the right holder/plaintiff, in the event of the injunction not being
granted, will not be adequately ameliorated by monetary damages.
The party seeking the interlocutory injunction must give an undertaking to compensate the
other party in the event that the injunction is later found to be unjustified.
A permanent injunction is granted following a full trial of the issues and where the court
makes a finding that the acts of the defendant have amounted to an infringement of an intellectual
property right.
Damages, recovery of profits and expenses, including attorney's fees
The courts in Barbados exercise a general ju risdiction to award damages for infringement.
Once a court has found that an infringement of an intellectual property right has occurred, the right
holder/plaintiff is entitled automatically to an award of damages.  Damages consist largely of the
quantum of commercial loss due to the infringement of the plaintiff's intellectual property rights.  The
court will make an award based upon evidence adduced  by the right holder regarding the direct loss
which has been suffered as a result of the infringing acts of the defendant established at the trial.
There may also be an order by the court that the offending party pay the legal costs of the
proceedings incurred by the other party.  In respect of court costs and attorney's fees, such costs are
normally ordered by the court to be taxed or agreed between the parties.  In the instance that theparties cannot agree on the quantum of costs, the Registrar of the Supreme Court will assess (tax) the
costs payable.  The costs that are assessed are those that the Registrar will deem reasonable in the
circumstances of the case.
Destruction or other disposal of infringing goods and materials/implements for their
production
The courts possess the power to order the infringing parties to deliver up infringing items
(inclusive of copies), along with the means to crea te the infringing items and materials.  Under the
provisions of the Copyright Act, the court may make such orders for delivery up, seizure and
destruction or other disposal of the infringing material.
The Trade Mark (Amendment) Bill, 20017 also contains provisions covering criminal
penalties to be imposed in cases of wilful counterfeiting and provides for the circumstances in which
infringing goods and material may be seized, forfeited and destroyed.
Any other remedies
Under the Rules of the Supreme Court8, a right holder may, upon a finding of infringement of
his rights, elect to seek instead of an award of damages, an "account of profits".
                                                     
7 See Annex I of document IP/N/1/BRB/2 for a brief description of the Trade Marks (Amendment) Bill,
2001, which is expected to be in force by 15 July 2001.
8 See Annex II of document IP/N/1/BRB/2 for a brief description of the Rules of the Supreme Court,
1982.  Order 43 of the Rules governs the procedure for obtaining an account or inquiry.IP/N/6/BRB/1
Page 6
6. In what circumstances, if any, do judicial authorities have the authority to order the
infringer to inform the right holder of the identity of third persons involved in the
production and distribution of the goods of services found to be infringing and of their
channels of distribution?
This matter has never been raised in the local co urts, but it is likely that as in the United
Kingdom, courts may consider that they also have an inherent power to make such orders including an
order to a defendant requiring the provision of information identifying those who have supplied him
with infringing articles.
7. Describe provisions relating to the indemnification of defendants wrongfully enjoined.
To what extent are public authorities and/or officials liable in such a situation and what"remedial measures" are applicable to them?
As mentioned above, the court will issue the injunction against an offending party only upon
the giving of an undertaking by the party seeking the injunction that the other party will be
indemnified in damages if found to be innocent or wrongly enjoined.  The usual practice in thissituation is that the party seeking the injunction will give "security of costs" either by way of a deposit
of money to the Supreme Court Registry or by a bank guarantee.  This is also done in the case of
appeals.
To what extent are public authorities and/or officials liable in such a situation and what
"remedial measures" are applicable to them?
At common law, the Judiciary of Barbados are immune from litigation in respect of their
decisions, either in cases of their decisions being overturned by a higher appellate court, or by a court
in another case reaching a different conclusion.
The Registrar is (under the various intellectual property right statutes relating to registered
intellectual property rights) generally immune from liability resulting from the performance of his/her
statutory duties.
8. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
Describe provisions governing the length and cost of proceedings
While certain preliminary procedures must be carried out within specified time periods as
provided by the Rules of the Supreme Court (unless such time periods are "enlarged" by mutualconsent of the parties), the actual length of trial proceedings is largely dependent upon the complexity
of the legal issues and whether the parties are wil ling to settle the matter prior to the conclusion of
litigation.  In addition, there is the possibility that one party may apply for an order of the Court with
the proviso that if it is not complied with in a specified time-frame, the matter will be deemed to be
determined against the non-compliant party.
Prior to the commencement of the trial on the substantive issues, the pleadings of the case
must be exchanged between the parties, together with any defence and counterclaim or reply that may
be necessary.  Under recent changes in the civil law of Barbados, skeleton arguments to be used in the
case are also to be filed prior to the commencement of trial.
As mentioned in the answer to question 3 above, there is also the process of "discovery" of
documents relevant to the issues at trial.  Once all preliminary matters are complete, the Registrar of
the Supreme Court will then set the matter down for trial.IP/N/6/BRB/1
Page 7
Provide any available data on the actual duration of proceedings and their cost
As stated above, the actual duration of trial is largely dependent upon the complexity of the
legal issues and the volume of evidence to be considered by the trial judge in each individual case.  Asa result, there is no meaningful data available upon which to base an opinion as to the duration and
cost of any proceedings, including intellectual property right proceedings.
(b) Administrative procedures and remedies
9. Reply to the above questions in relation to any administrative procedures on the merits
and remedies that may result from these procedures.
As indicated in the before-last paragraph of the introductory remarks, a few of the intellectual
property right statutes (namely the Trade Marks Act, Cap. 319, the Geographical Indications Act,
1998-22, the Integrated Circuits Act, 1998-21) confer very limited judicial functions on the Registrar
of the Corporate Affairs and Intellectual Property Office to hear and determine specific issues andresolve disputes which may arise between the applicant and third parties in the course of an
application to register intellectual property rights. The Registrar, however, has no power to grant
injunctions, award damages or order the destruction of infringing goods and materials which can only
be ordered by the judges of the Supreme Court.
The Registrar has power to award costs to the successful party following the hearing of
opposition proceedings before him/her and to require security for costs in relation to those
proceedings
9.  In trade mark proceedings10, the Registrar also has power to order the attendance of
witnesses, the examination of witnesses on oat h, the discovery of documents and the production of
documents relevant to the proceedings before him/her.
Provisional Measures
(a) Judicial measures
10. Describe the types of provisional measures that judicial authorities may order, and the
legal basis for such authority.
The court is empowered at Common Law and by way of various Intellectual Property Statutes
to:
- Adjudicate upon enforcement of intellectual property rights and, may, upon
application by the affected party, grant interlocutory injunctions (see the answer to
question 5 above).
- Grant the relief known as the "Anton Piller " order, so-called after a British case of
similar name.  Under the terms of this order, the affected party, his appointed agent,or an officer of the court, may enter upon the premises of the suspected infringer,
search for and take possession of any document or item specified in the order as being
possible evidence in a trial for the purposes of preservation of that document or item.
This order may also be worded as to prevent the suspected infringer from further
infringement of the right.
                                                     
9 See Section 36C of the Trade Marks (Amendment) Bill, 2001, which is expected be in force by
15 July 2001.
10 See Section 36B of the Trade Marks (Amendment) Bill, 2001.IP/N/6/BRB/1
Page 8
- Grant a so-called "Mareva" injunction, which is designed to prevent the disposal of
monetary assets held by a suspected infringer until the conclusion of the trial.
- Issue an order restraining the suspected in fringer from leaving the jurisdiction of the
Court until the conclusion of the case.
- Order payment of interim award of damages in the instance where the court is
satisfied that the offended party has demonstrated that there will be an award of
substantial damages at the conclusion of the case.  The offended party may be ordered
to preserve the sum for reparation to the other party in the event that there is no award
of damages, or the award is for a le sser quantum than the interim payment.
11. In what circumstances may such measures be ordered inaudita altera  parte ?
Where the court is of the view that the injunction applied for should be issued immediately,
usually in cases of exceptional urgency, due to the strong probability of serious and irreparable harmto the applicant if the injunction is not issued, it will be done on an ex parte  basis.  Such ex parte
relief is granted on a short-term basis, and the applicant must seek a subsequent injunction, this time
in the presence of the suspected infringer, on the appropriate grounds.
Special injunctions, such as the Anton Piller and Mareva injunctions, are usually granted on
an ex parte  basis due to the need to prevent the other party from having foreknowledge of the
measures to be taken against him, and thus giving him time to destroy or remove vital evidence or
assets.
12. Describe the main procedures for the init iation, ordering and maintenance in force of
provisional measures, in particular relevant time-limits and safeguards to protect the
legitimate interests of the defendant.
The applicant is normally required to file a writ of summons to initiate the action prior to the
application for an injunction.  However, in extreme circumstances, the court will allow an application
for an ex parte  injunction.  The applicant is required under these circumstances to give an undertaking
to the court that the writ of summons will be subsequently filed at the earliest opportunity.
During any subsequent hearing in the presence of a suspected infringer, the usual Rules of
Court will apply;  the measures for the protection of  the alleged infringer's interests as set out in the
answer to question 5 above are also to be considered.
13. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
There are no provisions regulating the length or cost of legal proceedings in respect of
provisional measures, such matters being dictated by the complexity of the legal issues and thediscretion of the trial judge.  The court will, in the interests of limiting potential loss to the applicant,
expedite the hearing of the matter if necessary.
Any order as to costs in such matters are awarde d in the discretion of the trial judge, and are
usually dealt with as "costs in the cause" to be taxed or agreed, and paid at the end of the trial.  Thejudge retains the discretion to order payment of costs between the parties at any stage of the trial.IP/N/6/BRB/1
Page 9
(b) Administrative measures
14. Reply to the above questions in relation to any administrative provisional measures.
There are no administrative bodies in Barbados empowered to grant such provisional or
interlocutory relief.  However, the Customs Department is granted certain powers of a non-judicial
nature, as discussed in the answers relating to border measures below.
Special Requirements Related to Border Measures
15. Indicate for which goods it is possible to apply for the suspension by the customs
authorities of the release into free circulat ion, in particular whether these procedures
are available also in respect of goods which involve infringements of intellectual
property rights other than counterfeit trademark or pirated copyright goods as defined
in the TRIPS Agreement (footnote to Article 51).  Specify, together with relevant
criteria, any imports excluded from the application of such procedures (such as goods
from another member of a customs union, goods in transit or de minimis imports).  Do
the procedures apply to imports of goods put on the market in another country by or
with the consent of the right holder a nd to goods destined for exportation?
Indicate for which goods it is possible to apply for the suspension by the customs authorities
of the release into free circulation, in particular whether these procedures are available also in
respect of goods which involve infringements of intellectual property rights other than
counterfeit trademark or pirated copyright goods as defined in the TRIPS Agreement
(footnote to Article 51)
At common law in Barbados, the court may hear applications from holders of intellectual
property rights, who have reasonable grounds for suspecting that infringing goods are being imported
into Barbados, for orders restraining such importation.  Legislation concerning intellectual property
rights relating to trademarks and copyright also contain provisions granting the Customs Department
powers to seize and detain counterfeit trademark goods and pirated copyright goods at points of entry
into Barbados, upon application by the right holder11.
The Copyright Act, Section 49, allows the Customs Department to seize imported copies of
published copyright material on application by the right holder or another authorised person to the
Comptroller of Customs12.
Specify, together with relevant criteria, any imports excluded from the application of such
procedures (such as goods from another member of a customs union, goods in transit or
de minimis imports).  Do the procedures apply to imports of goods put on the market in
another country by or with the consent of the right holder and to goods destined for
exportation?
The importation by an individual for his own personal use of not more than five (5) of the
same items bearing a registered trade mark in respect of which a notice has been given in accordance
with Section 53A of the Trade Marks (Amendment)  Bill, 2001 is permitted and the Comptroller of
                                                     
11 See Sections 53A to 53L of the Trade Marks (A mendment) Bill, 2001, which is expected to be in
force by 15 July 2001.
12 See Section 49 of the Copyright Act, 1998-4.IP/N/6/BRB/1
Page 10
Customs may permit the importation of a greater number of items if he is satisfied that the goods are
for the personal use of that individual.13
16. Provide a description of the main elements of the procedures relating to the suspension
of the release of goods by customs authoritie s, in particular the competent authorities
(Article 51), the requirements for an application (Article 52) and various requirements
related to the duration of suspension (Artic le 55).  How have Articles 53 (security or
equivalent assurance), 56 (indemnification of the importer and of the owner of the
goods) and 57 (right of inspection and information) been implemented?
As provided by Sections 207 and 210 of the Customs Act and Section 49 of the Copyright
Act, the Comptroller of Customs is the competent authority for dealing with the suspension of releaseof goods.
The right holder is required to initiate proc eedings by giving notice in writing to the
Comptroller of Customs of his objections to the importation of the goods, together with any
documents as may be required by the Comptroller.  The notice remains in force for five (5) years fromthe day it was initially given.  A security must be given by the copyright owner, his exclusive
licensee, or, any other authorised person to cover an y expenses incurred by the comptroller in seizure
and detention of the goods.
With regard to trade marks, the Comptroller is entitled to seize infringing goods being
imported into Barbados and subject to the control of the Customs Department within the provisions of
the Customs Act.  If the goods bear a mark which in the opinion of the Comptroller is identical with,
or deceptively similar to, a trademark registered in Barbados and are in the class for which the
trademark is registered, the Comptroller shall seize the goods unless satisfied that there are no
reasonable grounds for seizure and detention on the grounds of infringement.
The Comptroller shall give notice of the seizure to the importer of the goods, as well as to the
objecting party.
The Customs Act also provides that the notice must state that the goods that are seized and
detained will be released to the importer if the objector fails to bring an action in the court with
respect to the alleged infringement, and informs the Comptroller of the existence of that action, withindays of the filing of the notice, unless the Comptroller extends the period for such information to be
brought to him.
Failure to give the Comptroller notice of the action before the court will result in his releasing
of the goods to the importer or owner.  If during the intervening period the Comptroller has notice ofany information indicating that the goods are in fact  not infringing any intellectual property rights, he
shall release the goods to the importer or owner.  The Comptroller in his discretion may allow both
parties to inspect the seized goods for evidentiary purposes.
The Supreme Court retains jurisdiction to order th at the goods may be released to the importer
in the event that it is satisfied that there has b een no infringement.  On the other hand, the court may
also order, on application by the right holder, the exclusive licensee or authorised agent, that the
infringing goods be delivered up, forfeited to the applicant, or destroyed or otherwise dealt with as the
court deems fit.
                                                     
13 See Section 53L of the Trade Marks (Amendment) Bill, 2001, which is expected to be in force by
15 July 2001.IP/N/6/BRB/1
Page 11
In any event, if the court decides that there has been no infringement, the applicant may be
ordered to compensate the importer or owner.
17. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.  How long is the validity ofdecisions by the competent authorities for the suspension of the release of goods into free
circulation?
Describe provisions governing the length and cost of proceedings.  Provide any available data
on the actual duration of proceedings and their cost
The Copyright Act, 1998, as well as the Trade Mark (Amendment) Bill, 2001, provide for
border measures in order to prevent the importation of infringing goods, as stated in the answers to
questions 8 and 13, the amount of time and cost of such proceedings will depend on the complexity of
the issues involved and whether the required information has been provided to trigger action by the
Comptroller of Customs.  These matters will also depend on the extent of the alleged infringement
and the quantum of infringing goods to be seized.  However, since no requests for seizure have beenmade, there is no available data and the foregoing answer is merely hypothetical.
How long is the validity of decisions by the competent authorities for the suspension of the
release of goods into free circulation?
The action before the Court in respect of the seizure and detention, or suspension of release of
goods, must be filed within ten (10) working days of notice being given to the objector by the
Comptroller of the suspension of release or seizure.  During this ten (10) day "action period" or during
an extension of this period, the right holder must apply to the court for an order preventing the release
of the goods into free circulation.
Where after three (3) weeks from the day on which the action was brought, there is not in
force at any time, an order of the court preventing the goods from being released, the Comptroller of
Customs shall release the goods to their designated owner.
18. Are competent authorities required to act upon  their own initiative and, if so, in what
circumstances?  Are there any special provisions applicable to ex officio  action?
Are competent authorities required to act upon their own initiative and, if so, in what
circumstances?
All actions in respect of intellectual property rights in Barbados must be initiated by the right
holders, the exclusive licensee or an authorised agent, or the registered owner of the right.  The
authorities usually do not commence action except on the instance of the right holder or owner, or
unless a right vested in the Crown is infringed.
Are there any special provisions applicable to ex officio  action?
No.
19. Describe the remedies that the competent authorities have the authority to order and
any criteria regulating their use.
All remedies applicable to intellectual property rights are decided by the court.  See the
answers provided to question 5 above.IP/N/6/BRB/1
Page 12
Criminal Procedures
20. Specify the courts which have jurisdiction over criminal acts of infringement of IPRs.
Under the provision of the various intellectual property laws and the Magistrates' Courts Act,
the Magistrates' Courts are provided with jurisdic tion over summary offences.  In respect of matters
triable on indictment, the Supreme Court of Judicature Act empowers the High Court to exercise this
jurisdiction.  Appellate jurisdiction lies first with the Barbados Court of Appeal, and rights of hearing
final appeals are vested in the Judicial Committee of the Privy Council, based in the United Kingdom.
21. In respect of which infringements of which intellectual property rights are criminal
procedures and penalties available?
The Copyright Act provides at Section 46 for of fences of infringement of any rights under
that Act.  An infringement of any copyright or related right as defined within the Act whether or not
for profit, will result in criminal charges being brought against the infringer.
Any unauthorised reproduction, making, importing, selling or distribution of integrated
circuits will constitute an offence under the Integrated Circuits Act.  The Industrial Designs Act
makes the unauthorised reproduction, selling, or importing for commercial purposes, a copy of a
registered industrial design a criminal offence.
22. Which public authorities are responsible fo r initiating criminal proceedings? Are they
required to do this on their own initiative and/or in response to complaints?
The Royal Barbados Police Force is responsible for the investigation, detection and
prevention of criminal offences.  By virtue of th e provisions mentioned in the answer to question 21,
the Force will also have responsibility for dealing with crimes relating to intellectual property.  Any
decision to prosecute crimes will be that of the Director of Public Prosecution.  The enforcement of
the criminal law is usually as a result of reports received by the police from members of the public.
The law does, however, make provision for the initiation of prosecution by members of the public.
23. Do private persons have standing to initiate criminal proceedings and, if so, who?
Any person or body corporate possessing a public reason to do so may bring a private
prosecution in order to enforce the criminal law.  It should be noted that the permission of the Director
of Public Prosecutions (or his fiat) must be obtained prior to the initiation of a private prosecution.
24. Specify, by category of IPR and type of infringement where necessary, the penalties and
other remedies that may be imposed:
- imprisonment;
- monetary fines;
- seizure, forfeiture and destruction of infringing goods and materials and
implements for their production;
- other.
It is an offence under the Trade Marks Act, for a person to apply to goods or their packaging a
trademark identical to or capable of being confused with a registered trademark.  It is also an offenceto sell or let for hire, offer or expose for sale or hire, or to distribute, goods that bear such an
infringing trademark.  Possession of such goods with the intent to do any of the acts mentioned above
will also constitute an offence.IP/N/6/BRB/1
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It is an offence for a person to apply an infringing mark to goods without consent of the
registered owner of the mark, with a view to enriching himself or causing loss to another.  This
applies to use of any item used in the reproduction of that infringing mark.
It is also an offence to make an item that will  enable a person to make copies of an infringing
mark.
Under Section 49(1) of the Trade Marks Act it is an offence for a person to knowingly
infringe any rights in a registered trademark vested in a person under the Act.  The penalty for
infringement under the Act before a Court of summary jurisdiction is a fine of BD$ 10,000.00 or a
term of imprisonment of two years, or both;  in the case of a continuing offence, a further fine of
BD$ 1,000.00 for each day the offence continues may be imposed.
Under Section 46 of the Copyright Act, the penalty for infringement for profit-making
purposes by a person knowing or having reason to believe that he is committing an infringement, in
summary conviction is a fine of BD$ 25,000.00 and/or to one year imprisonment.  The defendant
convicted on indictment may receive a fine of BD$ 100,000.00 and/or three years imprisonment.
Where there has been no decision on such remedies in civil proceedings, the magistrate or
judge has the inherent  jurisdiction to order the impounding of suspected copies or works on sound
recordings, as well as the implements that could be used for the making of such copies;  to order the
forfeiture and seizure of all copies of works or sound recordings manufactured, reproduced,distributed, sold or otherwise used, intended for use or possessed with intent to use in contravention of
the rights of the owner and all plates, moulds, masters, tapes, film negatives or other articles by means
of which such copies of works or sound recordings may be reproduced and all electronic, mechanical
or other devices for manufacturing, reproducing or assembling such copies of works or sound
recordings;  to order the destruction or other reasonable disposition of infringing copies.
Where an offence under Section 46 committed by a body corporate is proved to have been
committed with the consent or connivance or attributable to neglect on the part of any director,
manager, secretary or person purporting to act in any such capacity, he as well as the body corporate
is guilty and liable to the above penalties.
The court retains inherent jurisdiction to forfeit counterfeit goods on the application of a
person under the section.  On such forfeiture, the court can order the destruction of any such goods;
or cause the offending sign to be erased or obliterated and make an order for costs.
25. Describe provisions governing the length and any cost of proceedings.  Provide any
available data on the actual duration of proceedings and their cost, if any.
There are no provisions governing the length or cost of proceedings.  Furthermore, no data is
available on the actual duration of criminal and civil proceedings and their cost.
Where proceedings are contested, costs increase.  As a general rule, costs in the Magistrates'
Court are lower than in the High Court and in the Court of Appeal.
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