 
  WORLD TRADE  
ORGANIZATION  IP/Q/GUY/1 
IP/Q2/GUY/1 
IP/Q3/GUY/1 IP/Q4/GUY/1 
11 February 2004 
 
(04-0532) 
Council for Trade-Related Aspects of Intellectual Property Rights Original:   English 
 
  
REVIEW OF LEGISLATION 
  
GUYANA
1 
  
 The present document reproduces the introductory statement made by the delegation of Guyana, the questions put to it and the responses give n in connection with the review of legislation 
undertaken at the Council's meeting of 2 to 5 April 2001.
2 
  
_______________ 
 
 I. INTRODUCTORY STATEMENT 
 Guyana became a Member of the World In tellectual Property Organization (WIPO) on 
25 October 1994, at the same time acceding to the Paris Convention for the Protection of Industrial 
Property and the Berne Convention for the Pr otection of Literary and Artistic Works. 
 
 Over the years, Guyana has made numerous attempts to upgrade its Intellectual Property (IP) 
Legislation to meet its WTO Agreement on the Trad e-Related Aspects of Intellectual Property Rights 
(TRIPS) obligations.  In 1999, with technical assistance from WIPO, a draft Copyright Bill was 
formulated.  The provisions of the Bill are consis tent with the principal international agreements 
affecting copyright, including the copyright section of  the TRIPS Agreement.  In style and content, 
the Bill is consistent with the pattern of the upda ted copyright laws of several CARICOM countries. 
  In 1999, a Commonwealth consultant was deputed at the request of the Government of Guyana to provide technical assistance in the draftin g of an Industrial Property Bill.  However, the 
consultant did not complete the assignment.  
 The current IP legislation does not make provi sion for the establishment of an Intellectual 
Property Office.  However, the Deeds Registry, wh ich falls under the administrative purview of the 
Ministry of Legal Affairs, has direct respons ibilities for the implementation of Guyana's IP 
legislations.  It is the office responsible fo r the processing of applications as well as other 
administrative works related to IP. 
 
 Currently Guyana is involved in activities rela ted to the modernization of the Technical and 
Administrative Infrastructure of the Deeds Registry. 
                                                     
 
1 As regards laws and regulations notified by Guyana under Article 63.2 of the Agreement, reference is 
made to documents IP/N/1/GUY/1, IP/N/1/GUY/C/1, IP/N/1/GUY/C/2, IP/N/1/GUY/I/1, IP/N/1/GUY/T/1. 
2 The minutes of this meeting have been circulated as document IP/C/M/30. IP/Q/GUY/1, IP/Q2/GUY/1,  
IP/Q3/GUY/1, IP/Q4/GUY/1 Page 2 
 
 
  The Government of Guyana, with financ ing and technical support from the Multilateral 
Investment Fund (MIF) of the Inter-American De velopment Bank (IDB), had initiated a Project in 
2000 to strengthen the system of property rights.  The Goal of the Project is "the improvement of the legal and administrative procedures for secured tran sactions in movable and immovable property and 
the enhancement of both the physical security of reco rds as well as the efficiency of record keeping 
systems within the Deeds Registry."   The overall Project consists of three components, namely:  
 Component 1 - Improvement of the Legal Framework - This component includes a review 
of the current legal framework, including an anal ysis of various relevant laws under the Deeds 
Registry Authority Act.   Component 2  - Institutional Strengthening of the Deeds Registry - This includes Support 
activities to strengthen and improve the services provided by the Deeds Registry Offices in 
Georgetown and New Amsterdam.    Component 3 - Project Management  - This component consists primarily of the conduct of 
an initial baseline survey among Deeds Registry users.  A second (ex post facto) survey will be   carried out twelve months later, after the inte rvention under component 2, in order to evaluate 
progress on both a quantitative and qualitative basis.  Al so, as part of  Component 3, there will be 
provision for the monitoring of architectural work s as well as the installation of information 
technology systems.  
Cooperation With WIPO 
 Since Guyana became a signatory to WIPO, th ere has been an active co-operation program.  
Guyana has so far benefited in the following fields:  
• Guyana has received a number of missions from WIPO.  Some of the missions were 
consultations whilst others were investigative missions, such as in the field of traditional 
knowledge and biodiversity in 1999. 
 
• With assistance from WIPO, the government of Guyana was able to convene public 
awareness seminars. 
 
• The Government of Guyana has participated in a number of intellectual properties related 
seminars, organized by WIPO. 
 
• Guyana is a beneficiary of the WIPOnet Project. 
 
• Guyana has received assistance from WIPO in the drafting of legislation – Draft 
Copyright Bill 1999. 
  Plans are in train to seek future technical  assistance from WIPO in the process of upgrading 
Guyana's IP legislations to meet the ob ligations set out in the TRIPS Agreement. 
 
 Meanwhile, Guyana is also benefiting from a regional Project for the Implementation of 
WTO Commitments in the Caribbean Community (CARICOM), with technical assistance from the 
Inter-American Development Bank (IDB).  The Project  will cover a preliminary study of Guyana's  IP/Q/GUY/1, IP/Q2/GUY/1,  
 IP/Q3/GUY/1, IP/Q4/GUY/1  Page 3 
 
 
 existing IP legislations and an assessment of th e Draft Copyright Bill 1999.  The recommendations 
resulting from the study is awaited.  
The Draft Copyright Bill 1999  
 The law on copyright currently in force in Gu yana is substantially the Copyright Act 1956 
(UK).   The dynamic technological developments in th e world today have extended the categories of 
work requiring copyright protection.  In rec ognition of the importance of having our domestic 
legislation reflect the current international standards and securing compliance with numerous 
International  Conventions and Agreements of which Guyana is a signatory, the Draft Copyright Bill 
1999  was brought into being.  The  Draft Copyright Bill 1999 essentially complies with the 
Agreement on Trade Related aspects of Intellect ual Property Rights (TRIPS Agreement) (1994). 
 
 The provisions of the Draft Copyright Bill 1999  regulate inter alia Copyright Rights, Moral 
Rights and Related Rights, Ownership and Assignment of Rights, Infringements of Rights, Exceptions to the Infringement of Copyright, Copyright Licensing, the Copyright Tribunal and Rights in Performances.   Part II (Clauses 5 to 13) of the Bill sets out th e categories of works protected by copyright, the 
qualifications for protection and th e nature and duration of the right s conferred under the Bill.  In 
particular, it offers protection to original literary, dramatic, musical, artistic works, sound recordings, 
films, broad casts, cable programmes and typogr aphical arrangements of published editions may 
subsist as a property right irrespective of its qua lity or the purpose for which it was created.  
Compilations of data or other material whether in machine readable or other form are also protected 
under the Bill as a literary work providing that it  is original by reason of the selection and 
arrangement of contents the compilation constitutes the author's own intellectual creation.  To  invoke  
the protection of the Bill the author must  have  been qualified when the work was first made or 
published.  The work qualifies for protection if it is first published in Guyana or a specified country.     Part III (Clauses 14 to 21) sets out the details of  the moral and related ri ghts of the author of 
specified categories of works.   
  Part IV (Clauses 22 to 28) provisions dealing with the ownership and assignment of copyright.  
 Part V (Clauses 29 to 50) specifies the acts which constitute infringements of copyright and 
the remedies available to the copyright owner and an exclusive licensee in respect of such 
infringements.   An infringement of a copyright occurs when any person without the licence of the copyright owner does any of the acts that the copyright owner has the exclusive right to do viz., copy the work, 
issue copies of the work to the public, perform th e work in public or in the case of sound recording, 
film, broadcast or cable programme, play or show the work in public, broadcast the work or include it 
in a cable programme service and make an adaptation of the work.    An infringement also takes place when a pe rson without knowledge of the copyright owner 
imports in Guyana for any purpose other than his priv ate or domestic use an article which he knows or 
has reason to believe is an infringing copy of the work.  Further, a person who possesses or makes in 
the course of a business, sells or lets for hire, or offe rs or exposes  for sale  or hire, exhibits in public 
or distributes in the course of a business, an artic le which he knows or has reason to believe is an IP/Q/GUY/1, IP/Q2/GUY/1,  
IP/Q3/GUY/1, IP/Q4/GUY/1 Page 4 
 
 
 infringing copy of the  work or any article specif ically designed or adapted for making copies of the 
work knowing or having reason to believe that it is to  be used to make infringing copies can also find 
himself sued by the copyright owner who can obt ain wide ranging remedi es against the offender 
including damages, injunction, accounts or even an  order that the infringing copy or article be 
delivered to him. 
  Part VI (Clauses 51 to 86) contains the excepti ons to copyright infringements.  These include 
use of the protected work for research and private study, criticism and review, use for public 
administration and use by educational establishmen ts, libraries and archives, subject to specified 
conditions. 
  Part VII (Clauses 87 to 102) contains provisions  dealing with the licensing of protected works 
by licensing bodies, on behalf of copyright owners , and the referral to the Copyright Tribunal of 
licensing schemes for the use of such works. 
 
 Part VIII (Clauses 103 to 106) deals with the est ablishment and jurisdiction of the Copyright 
Tribunal and provides for the making of regulations governing its operation. 
  Part IX (Clauses 107 to 136) contains provisions  which confer rights in performances, on a 
performer and on a person who has an exclusive reco rding contract in relation to a performance.  
Exceptions to these rights are specifi ed and offences are created for dealing with illicit recordings. 
  Part X (Clauses 137 to 153) sets out genera l provisions.  These include provisions making 
explicit the powers of the police as regards offen ces created under the Bill authorising the extension 
of the Bill to nations of other countries, as well  as the denial of such protection in certain 
circumstances, and the making of regulations. 
  The Schedule contains provisions relating to  the constitution and operation of the Copyright 
Tribunal.   The Government of Guyana will continue to  make the necessary efforts to meet its WTO 
obligations.  However, these efforts are often hamp ered by the shortage of skilled and experienced 
technical personnel in the field of IP and the acute sh ortage of financial resources.  There is an urgent 
need for institutional strengthening an d capacity building in the legal sector.  
  The Draft Copyright Bill is expected to be passed  in Parliament in the near future and efforts 
will be made to complete the drafting of Guyana's Industrial Property Bill. 
  
II. RESPONSES TO THE QUESTIONS POSED BY CANADA 
1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS 
Agreement) have been implemented. 
 No legislation has been enact ed to comply with Articles 41-61 of the TRIPS Agreement. 
  The legislation that remains in force for the protection of Intellectual Property Rights are the 
Patent and Designs Act  Cap 90:03 , the Trade Marks Act Cap 90:01  and the Copyright Act UK 1956.  
 
 While no legislation has been enacted to comp ly with the TRIPS Agreement as aforesaid, the 
Patent  and Designs Act Cap 90:03, the Trade Marks Act Cap 90:01  and the Copyright Act UK 1956   IP/Q/GUY/1, IP/Q2/GUY/1,  
 IP/Q3/GUY/1, IP/Q4/GUY/1  Page 5 
 
 
 do provide for the initiation of legal proceedings fo r infringement of patents, copyrights of designs 
and trademarks.   The Sections of the provisions relative to initia ting legal proceedings for infringement patents, 
copyrights of designs and trademarks are as follows: - 
  (1) Patent and Designs Act Cap 90:03 , Sections 35-41 (Patents);  Sections 74-75 
(Designs); 
 
 (2) Trade Marks Act Cap 90:01 , Sections 57-64;  and, 
  (3) Copyright Act M19L6  
 
2. What protection does your Copyright legislation afford to "foreign works"? 
 There are two pieces of legislation that deal with copyright viz, the Copyrights Act UK 1956  
and the Patent and Designs Act Cap 90:03 .  Copyright is defined by the latter Act as "the exclusive 
right to apply a design to any article in an y class in which the design is registered". 
  The term "foreign work" is not defined in the latter Act, however, the legislation does afford 
protection to patents and designs registered in th e United Kingdom.  The latter Act allows any person 
being the grantee of the patent in the UK or an y person deriving right from such grantee to apply 
within three years from the date of the issue of the pa tent to have that patent registered in Guyana and 
the registered proprietor of any design registered in  the LJK, the enjoyment of privileges and rights as 
though the design had registered in Guyana respectively.  
 The Copyright (British Guiana) Order 1966 extend ed the provisions of the Copyright Act UK 
1956 with certain exceptions and modifications to fo rm part of the law of the then British Guiana.  
The Order also extended three Orders in Council made under Part V of the Act viz, the Copyright (International Conventions) Order 1964, The Copyri ght (International Organisations) Order 1957 and 
the Copyright (Broadcasting Organisation) Order 1961.  
 The extension of these Orders affords protection in Guyana to works originating in countries 
party to the International Copyright Conventions  to works produced by certain international 
organisations and to lawfully authorised broadcast s originating in other Commonwealth countries to 
which the 1956 Act already extended.  The Copyright pr otection afforded to Guyana is similar to that 
afforded in the UK. 
 
 (1) Patent and Designs Act Cap 90:03 , Sections 54-61 (Patents);  Sections 76-78 
(Designs); 
  (2) Trade Marks Act Cap 90: 0 1 , Sections 40-5 1;  and, 
 
 (3) Copyright Act UK (1956)  IP/Q/GUY/1, IP/Q2/GUY/1,  
IP/Q3/GUY/1, IP/Q4/GUY/1 Page 6 
 
 
 III. RESPONSES TO QUESTIONS POSED BY  THE EUROPEAN COMMUNITIES AND 
THEIR MEMBER STATES 
 Legislation supplied for further reference: - 
  - Copyright Act, 1956 (UK) Chapter 74; 
  - Patents and Designs Act Cap 90:03; 
  - Trademarks Act Cap 90:01; 
  - The Draft Copyright Bill 1999 . 
 A. G
ENERAL PROVISIONS  
1. Please describe if your legislation includes measures necessary to protect public health 
and nutrition, and to promote the public interes t in sectors of vital importance to your socio-
economic and technological development as  mentioned under Article 8 of the TRIPS 
Agreement.  If yes, please explain how such me asures are consistent with the provisions of the 
TRIPS Agreement. 
 No legislation available. 
 
B. C OPYRIGHT AND RELATED RIGHTS  
2. Please state how your legislation provides fo r the protection of the exclusive rights of 
authors in relation to their literary and artistic  works, as specified in Article 9 of the TRIPS 
Agreement which requires Members to comply wi th Articles 1-21 of the Berne Convention and 
the Appendix to the Berne Convention (1971). 
 Section 6(1), Draft Copyright Bill. 
 
3. Please describe the protection accorded to  authors of computer programs, databases or 
compilations of data.  
 Section 2(b), Draft Copyright Bill. 
 
 Computer generated work/computer programs mentioned. 
  Section 78;  rental of computer programs.  
4. Please state whether your legislation provides for a rental right and, if so, the works to 
which it applies. 
 Section 78(1);  rental of computer programs. 
  Section 46;  penalties for renting copyright work.   Section 134;  criminal liability for renting copyrights. 
  IP/Q/GUY/1, IP/Q2/GUY/1,  
 IP/Q3/GUY/1, IP/Q4/GUY/1  Page 7 
 
 
 5. Please describe the rights granted to performers, producers of phonograms (sound 
recordings) and broadcasting organisations under your legislation. 
 See Part II Copyright Act 1956 (UK) Section 12-16. 
 
 Section 10-13 Draft Copyright Bill 1999. 
 
6. Please state whether your legislation provides for any limitation or exception in relation 
to each of the rights described above in acco rdance with the relevant provisions of the Berne 
and Rome Conventions and in light of Arti cles 13 and 14.6 of the TRIPS Agreement. 
 Section 51-67;  77-86;  115-131;  Draft Copyright Bill. 
  Section 6-11 Copyright Act, 1956;  exceptions to infringement of copyright.  
7. Please state the terms of protection of each right described above and the work or 
subject matter to which it applies. 
 See as above;  Section 10-13 et seq. 
 
8. Please state how your legislation grants the retroactive protection provided pursuant to 
Article 18 of the Berne Convention (the obligatio n of which derives from Article 9 of the TRIPS 
Agreement) and Article 14.6 of the TRIPS Agreement. 
 Not provided for. 
 C. T
RADEMARKS  
9. Please give the definition of a sign under your national legislation and explain under 
what conditions it is protectable. 
 See Section 2;  6-8;  Trademarks Act Cap 90:01. 
 
10. Please confirm whether or not services are a protectable subject matter in your 
trademark law.  Please confirm if signs, such as  trade names, are protectable.  Please describe if 
elements such as sound, perfumes and containers are protectable. 
 Section 2;  Trademarks Act. Cap 90:01. 
 
 There is no legislation in relation to service.   With respect to use:  see Section 2, 28-31 Cap 90:01.  11. Please explain what the requirements of use are, if any, as a condition for a trademark registration.  Please explain the definition of  use and the conditions of maintenance of a 
registration in that respect. 
 Section 2,3 28 Cap. 90:01. 
 IP/Q/GUY/1, IP/Q2/GUY/1,  
IP/Q3/GUY/1, IP/Q4/GUY/1 Page 8 
 
 
 12. Please confirm whether or not your legislation permits that the registration of 
trademarks be indefinitely renewable. 
 Section 22,50 Cap. 90:01;  renewal of registration. 
 13. Please describe the special requirements, if any, prescribed by your legislation concerning the use of a trademark. 
 Section 28-33 Cap 90:01;  Use and Non-Use. 
 D. G
EOGRAPHICAL INDICATIONS  
14. Please explain whether or not your tr ademark registration authority refuses a 
trademark application if it contains a geographical indication. 
 See rule 15-20;  trademark rules Cap. 90:01. 
 
15. Please give the definition of a geographical indication in your legislation. 
 Ibid. 
 
16. Please describe and explain the provisions of your legislation establishing a link, if any, 
between the characteristics of an indication and its geographical origin. 
 No legislation available. 
 17. Please describe how additional protection is granted by your legislation to wines and 
spirits.  Please mention other types of products, if any, covered by this additional protection. 
 No legislation available. 
 
18. Please explain how exceptions under Articl e 24 of the TRIPS Agreement are used in 
your jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of 
names considered as generic in your jurisdiction. 
 No legislation available. 
 E. I
NDUSTRIAL DESIGNS  
19. Please explain whether or not your legislation extends to the protection of designs 
dictated essentially by technical or functional considerations.  Please explain how textile designs 
are protected. 
 Section 2 Patents and Designs Act Cap 90:03. 
  Part II Patents and Designs Act Cap. 90:03. 
 
20. Please explain how your legislation protects right holders of a design against importing 
of articles bearing embodied or copied design. 
 No legislation available. 
  IP/Q/GUY/1, IP/Q2/GUY/1,  
 IP/Q3/GUY/1, IP/Q4/GUY/1  Page 9 
 
 
 21. Please state whether or not your legislation provides for the right to issue a compulsory 
licence for industrial designs. 
 Section 62-66 Cap. 90:03. 
 22. Please indicate for what period of time your legislation grants protection for industrial designs. 
 Section 66 Cap. 90:03. 
 F. P
ATENTS  
23. Please describe how your legislation defin es the notions of: novelty, inventiveness and 
industrial application. 
 Section 2;  Interpretation;  Cap 90:03. 
 
24. Please explain whether or not in your legislat ion, patent or otherwise, patent rights are 
enjoyed without any exclusions.  If exclusions  are provided for, please describe in detail how 
these exclusions are applied in legal as well as practical terms. 
 Section 14, 28-34;  Cap 90:03. 
 
25. Please explain whether your legislation provides for the exclusion of inventions from 
patentability based on ordre public or morality.  If so, please explain the relevant section of your 
legislation and explain its formulation.  Please al so explain if it has been applied in practice. 
 No legislation available. 
 
26. Please explain whether or not diagnostic, th erapeutic and surgical methods are excluded 
from patentability in your legislation.  If so, please explain the relevant section of your 
legislation and explain its formulation. 
 No legislation available. 
 
27. Please explain whether or not plants, an imals and essentially biological processes are 
excluded from patentability in your legislation.  If so, please explain the relevant section of your legislation and explain its formulation. 
 No legislation available. 
 
28. Please describe how micro-organisms , non-essentially biological processes, 
microbiological processes and plant varieties are prot ected in your legislation.  Please explain, in 
this respect, the relevant sections of your legislation. 
 Ibid. 
 
29. Please explain how your legislation prot ects patent right holders against the importing 
and against the offering for sale of a patented invention. 
 Ibid. 
 IP/Q/GUY/1, IP/Q2/GUY/1,  
IP/Q3/GUY/1, IP/Q4/GUY/1 Page 10 
 
 
 30. Please state if your legislation provides fo r patent product protect ion of pharmaceutical 
and agricultural chemical products.  In the a ffirmative, please indicate the legal reference. 
 Section 44 Cap. 90:03;  chemical products/services. 
 31. Please clarify if the patent protection of a process, as provided for in your legislation, 
covers the product obtained directly by that process. 
 Ibid. 
 
32. Please explain the additional conditions, if any, in your legislation other than the 
sufficient disclosure of the invention in Article 29 of the TRIPS Agreement (e.g. submission of 
justification for access to genetic material or prior inform consent to its use).  If such additional 
conditions exist, please point out the relevant legi slations and describe the additional conditions 
in detail. 
 No legislation available. 
 
33. Please describe if your legislation provides for limited exceptions to the exclusive rights 
conferred by a patent.  If affirmative, pl ease make a reference to relevant legislation. 
 Section 33 Cap 90:03;  right of the State to use 
  Section 43;  avoidance of conditions attached to sale. 
 
34. Please explain whether or not your legislatio n provides for compulsory licensing.  If so, 
please explain in detail the conditions under which a compulsory licence may be granted.  In 
particular, please explain how your national le gislation considers individual merits in the 
authorization of such use. 
 Section 28 Cap 90:03 - compulsory licences and revocation. 
 
35. Please explain how your legislation explic itly ensures that a proposed user has made 
efforts to obtain authorization from the ri ght holder on reasonable commercial terms and 
conditions and that such efforts have not been su ccessful within a reasonable period of time.  In 
this context, how do you define "reasonable p eriod of time".  Please also explain how your 
legislation ensures that the use of a compulsory licence shall be authorised predominantly for 
the supply to the domestic market of the Member authorizing such use. 
 Section 43;  Cap 90:03. 
 
36. Please state if your legislation grants additional protection for innovations after the 20 
years of patent protection has lapsed. 
 Section 21/22 Cap 90:03;  te rm of/extension of patent. 
 
37. Please explain how your legislation provid es for the enhanced patent protection of 
patents or patent applications pending on 1
st January 1995. 
 No legislation available. 
  IP/Q/GUY/1, IP/Q2/GUY/1,  
 IP/Q3/GUY/1, IP/Q4/GUY/1  Page 11 
 
 
 38. Please explain how your legislation provides for the reversal of the burden of proof in 
relation to process patents. 
 No legislation available. 
 
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS  
39. Please describe how your legislation protects Topographies. 
 Ibid. 
 
40. Please explain what protection your national legislation grants to right holders against 
the unlawful importation, sale or distribut ion for commercial purposes of topographies 
including integrated circuits or other articles  in which a topography is incorporated in 
accordance with Article 36 of the TRIPS Agreement. 
 Ibid. 
 41. Please explain how your legislation provides for the derogation from Article 36 as specified in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to know when acquiring an integrated circuit or an article incorporating such an integrated circuit that it contains an unlawful topography.  
 Ibid. 
 42. Please state the term of protection granted by your legislation to topographies. 
 Ibid. 
 H. U
NDISCLOSED INFORMATION  
43. Please explain whether or not your legislation grants a defined period of time for the 
protection of undisclosed information.  If so, please give the time span. 
 Ibid. 
 
44. Please explain how your legislation defines "undisclosed information". 
 Ibid. 
 45. Please explain how your legislation defines data submitted to governments or governmental agencies. 
 Ibid. 
 I. E
NFORCEMENT  
46. Please describe how your legislation provides for effective action against infringement of 
intellectual property rights. 
 Section 17-22 Copyright Act 1956;  remedies for infringement. 
 IP/Q/GUY/1, IP/Q2/GUY/1,  
IP/Q3/GUY/1, IP/Q4/GUY/1 Page 12 
 
 
  Part V – Draft Bill. 
 
47. Please explain whether or not your legislat ion provides for a mechanism to appeal to 
judicial bodies of final administrative decisions. 
 Part VIII – sec. 103/106 Draft Bill;  the Copyright Tribunal. 
 
48. Please describe how your legislation author izes judges to order production of evidence 
by the opposing party.  Please give precise info rmation on what measures are taken to ensure 
the protection of confidential information. 
 Section 133/135;  Draft Bill;  order for delivery up. 
 
49. Please quote provisions of your legislation that authorize judges to order a defendant to 
desist from an infringement. 
 No legislation available. 
 
50. Please quote what provisions of your legislation authorize judges to order the payment 
to the right holder of adequate damages to compensate the injury he suffered. 
 Section 111 Draft Bill;  remedy in damages. 
 
51. Please quote what provisions of your legislation authorize judges to order the payment 
of the right holder's expenses by the infringer. 
 No legislation available. 
 
52. Please explain if and how judges have the authority to order that infringing goods are 
placed outside channels of commerce or destroyed. 
 Section 141 Draft Bill;  order for search and seizure. 
 
53. Please quote what provisions of your legislation authorize judges to indemnify a 
defendant in the event of abuse by the plaintiff. 
 No legislation available. 
 54. Please explain how your legislation implements Article 50 the TRIPS Agreement. 
 Section 141;  137-144;  Draft Bill-Order for disposal. 
 
55. Please identify the competent authorities in  your jurisdiction who receive requests from 
right holders for an application to suspend the release of counterfeit goods by the customs 
authorities. 
 No information available. 
 
56. Please indicate whether or not procedures  are available to suspend the exporting of 
counterfeit goods. 
 Ibid.  IP/Q/GUY/1, IP/Q2/GUY/1,  
 IP/Q3/GUY/1, IP/Q4/GUY/1  Page 13 
 
 
 57. Please quote what provisions of your legisl ation authorize the competent authorities to 
order the destruction or disposal of infringing goods. 
 Section 137;  Draft Bill. 
 58. Please indicate whether or not your legislation provides for a de minimis  imports 
exception. 
 Section 50;  Draft Bill, restricting importation. 
 
59. Please explain how your legislation implem ents Article 61 of the TRIPS Agreement. 
 Section 43-46;  133-135;  Draft Bill;  criminal liability and penalties. 
  
IV. RESPONSE TO A QUESTION POSED BY JAPAN 
C
OPYRIGHT AND RELATED RIGHTS  
Please explain exceptions or exemptions of  the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in Articles 3 and 4 of the TRIPS Agreement. 
 Section 144;  Draft Bill. 
  - Power to apply provisions of the Act to other country. 
 
 - Exceptions and modifications may be specified in an order.  
 
V. RESPONSES TO QUESTIONS POSED BY SWITZERLAND 
A. P
ATENTS  
1. In your law, are patents available for all cate gories of products?  In particular, are all 
pharmaceutical products patentable?  Are there an y exceptions?  If so please explain in detail 
what these exceptions are and how they comply  with Article 27 of the TRIPS Agreement. 
 A patent is defined in Section 2  of the Patent and Designs Act Cap 90:03  as "letters patent for 
an invention".  An invention is defined by the same section as " any manner of new manufacture the 
subject of letters patent and the grant of priv ilege within paragraph 5 of the Schedule to the Civil law 
of Guyana Act and includes an alleged invention".  Prima f acie patents are available for all categories 
of products providing they satisfy the definition in Section 2  and fulfill the requirements of Sections 3 
and 4 of the Patent and Designs' Act Cap 90:03 . 
 
 Pharmaceutical products are patentable but ar e subject to Sections 44 of the said Act. 
 IP/Q/GUY/1, IP/Q2/GUY/1,  
IP/Q3/GUY/1, IP/Q4/GUY/1 Page 14 
 
 
 2. Does your law, in accordance with Article 27.1 in combination with Article 31 of the 
TRIPS Agreement, consider importation as "working a patent" (and therefore preclude 
compulsory licensing, if a product is being imported)? 
 The Act affords protection to works origina ting in countries parties to the international 
Copyright Conventions to works produced by certain international organisations.  The Act also allows 
registration of United Kingdom patents.  See Sections 54-61 of the Act.   The legislation does not appear to limit the granting of compulsory licences to products being 
imported unless the products being imported if they are made by persons other than the patentee and 
would constitute an infringement of the patent.  Indeed the terms of the licence settled by the 
Registrar are framed to preclude such importation.  Compulsory licensees are expressly prohibited from importing goods into Guyana which if made by persons other than the patentee or those claiming 
under him would be an infringement of the patent.  Section 28(c) specifically states that "in such a case the patentee and all licensees under the patent sh all be deemed to have mutually covenanted 
against such importation". 
 
3. Does vour law make compulsory licences s ubject to all the conditions enumerated in 
Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law. 
 The patent law in Guyana has not been amende d to reflect the provisions in Article 31 of the 
TRIPS Agreement.  See Sections 28, 29 and 30  of the Act. 
 
 Compulsory licences are primarily licences give n to persons after the patentee causes the 
words "licences of right" to be endorsed on his patent after obtaining letters of patent. 
  The Applicant may apply for a licence of the patent  on terms that are settled by the Registrar.  
In so doing the Registrar endeavours to secure inter alia:- 
  - the widest possible user of the inventi on in Guyana consistent with the patentee 
deriving a reasonable advantage from his patent rights;  the maximum advantage consistent with the invention worked by the licensee at a reasonable profit in Guyana; 
 
 - equality of advantage among the several licensees; 
  - preclude the licensee from importing into Guyana any goods the importation of 
which. if made by persons other than th e patentee would be an infringement of the 
patent. 
 
 See Section 28.  
4. Does your legislation provide for the princi ple of reversal of burden of proof in process 
patent litigation?  Please cite the relevant provisions of law. 
 No.  The provisions dealing with legal proceedings are set out in Sections 35-41  of the Act. 
  IP/Q/GUY/1, IP/Q2/GUY/1,  
 IP/Q3/GUY/1, IP/Q4/GUY/1  Page 15 
 
 
 B. P
ROTECTION OF UNDISCLOSED INFORMATION  
5. Please explain in detail if your legi slation ensures that undisclosed and  confidential test 
data or other data submitted by an applicant to the  responsible State Agency in the procedure 
for market authorisation of  a pharmaceutical or of an agricultural product chemical product is  
protected against disclosure and against unfair commercial use by a  competitor, for example by 
prohibiting a second applicant from  relying on, or from re ferring to the original data of the first 
applicant,  when applying subsequently for market authorisation for his own  product.  Does 
your legislation provide exceptions to this?  If yes,  under what conditions would such exceptions 
apply?  Does your  legislation provide for a defined period of protection for undisclosed  
information/for such test date of the first applicant?  
 
 An invention may during the period between the da te of an application for a patent therefor 
and the date of sealing a patent on that application, be used and pub lished without prejudice to that 
patent such protection from the consequences of us and publication is referred to a provisional 
protection.  See Section 6. 
  
VI. RESPONSES TO QUESTIONS POSED BY THE UNITED STATES 
The following is a list of the applicable legislation in Guyana: 
  - Trademarks Act Chapter 90:01 
 
 - Patents and Designs Act Chapter 90:03 
  - Copyrights Act, 1956 Chapter 74 
 
 - The Copyrights (British Gui ana) Order 1966 – 1966 No. 79 
  - (The Proposed) Copyright Bill 1999 
 A. G
ENERAL  
1. Please describe, in relation to each form of  intellectual property covered by the TRIPS 
Agreement, including plant variety protection, the manner in which national treatment and 
most-favoured-nation treatment are provided to nationals of other WTO Members. 
 There are no clear provisions relating to national treatment and most favoured-nation 
treatment however provision is made for registered  proprietors in the United Kingdom to enjoy like 
rights as though their designs were registered in Gu yana and rights and use of a trademark.  Please 
refer to sections 76 of Cap 90:03, s. 43 of Cap 90:01 and s. 35 of the 1956 Act. 
 B. C
OPYRIGHT AND RELATED RIGHTS  
2. Please explain how the copyright law of Guyana protects computer programs as literary 
works  and complications of data as required by Article 10 of the TRIPS Agreement. 
 Currently, the Copyrights Act 1956 regulate copyright in Guyana.  However, there is a 
proposed Copyrights Bill 1999.  While the 1956 Act makes no provision for the protection of computer programs as literary works and compilation of data, it is proposed in the 1999 Bill.  Please IP/Q/GUY/1, IP/Q2/GUY/1,  
IP/Q3/GUY/1, IP/Q4/GUY/1 Page 16 
 
 
 refer to the definition of literary work in  Section 2.  In addition please see Sections  6(1), (2), 46 and 
78 of the same Bill.  
3. Article 11 of the TRIPS Agreement requires that rental rights for computer programs 
and cinematographic works be available.  Please cite to the corresponding provision of the 
copyright law of Guyana. 
 In the 1956 Act please refer to Section 12(5), (7),  (10) and 13 as it relates to rental.  In the 
1999 Bill please refer to Section 78.  4. Please state the length and terms of protectio n the copyright law of Guyana provides  for 
a work other than a photographic work or a wo rk of applied art and cite to the relevant 
provision of law. 
 Copyright shall subsist until the end of the pe riod of fifty years from the end of the calendar 
year in which it was first published with respect to sound recordings, cinematography, television 
broadcasts, sound broadcasts and literary, dramatic and musical works and twenty-five years with 
respect to published editions of works.  Please refer to the following sections in the 1956 Act with 
respect to terms of protection of copyright in Sections 5, 6, 7, 8:   - Sound recordings – Section 12  - Cinematography – Section 13 
 
 - Television Broadcasts – Section 14   - Sound Broadcasts – Section 14  
 - Published editions – Section 15 
  - Literary, dramatic and musical works –  Section 2   In the 1999 Bill please refer to Sections 5 – 13.  5. Please describe the protection the copyrigh t law of Guyana provides for performers, and 
the term of the protection. 
 In the 1956 Act, with respect to protection of pe rformers, please refer to Sections 5, 6, and 
7(6). Section 48(1) and (5) explains the meaning of performance.  In addition please refer to the 
response in question 4.  
 
6. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to 
enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires that producers of phonograms are to have the right to authorize or prohibit the commercial rental to the public of originals or copies of their phonograms.  Please 
describe how the copyright law of Guyana implements  these obligations and indicate the term of 
protection. 
 Please refer to Section 12 of the 1956 Act as it re lates to copyrights in sound recordings and 
Sections 11 and 12 of the 1999 Bill.   The right to authorize or prohibit reproductions or commercial rental is implied.  Please refer 
to Sections 15, 16, 19 20, 32, 33 and Part IV.  IP/Q/GUY/1, IP/Q2/GUY/1,  
 IP/Q3/GUY/1, IP/Q4/GUY/1  Page 17 
 
 
 C. T
RADEMARKS  
7. Please describe the subject matter that can comprise a trademark under the trademark 
law of Guyana. 
 Please refer to Section 2(1) of the Trademarks Act Cap 90:01, in particular note the definition 
of "Trademark" and "mark".  In addition re fer to the third schedule of that Act. 
 
8. Please describe the procedure that must be followed to register a trademark in Guyana, 
citing the relevant provisions of the law, and describe the rights that the owner of a registered mark can exercise.   
 The procedure for registering a trademark can  be found in Sections 19-21 of Cap 90:01.  
Section 23 thereof refers to the registration of parts of trademarks and of trademarks as a series.  Also 
refer to rules 21-60 of the trademarks rules found at the end of the act, Section 39 and the schedule immediately following Section 76 of the trademarks Act.  
 The owner of a registered trademark has exclus ive rights to the use of the trademark, please 
see Section 6, and 30 of Cap 90:01.  
9. Please provide the length and terms of pr otection that the trademark law of Guyana 
provides for a trademark. 
 The act provides for seven years of protection and registration can be renewed.  Please refer 
to Section 22.  The terms of the protection are provided for in Sections 5, 6, 8 and 9. 
 
10. Please explain whether well-known service ma rks are granted the same protection as 
well-known trademarks under the laws of Guyana, as required by 6 bis of the Paris Convention 
and Article 16.2. of the TRIPS Agreement. 
 Please refer to rules  5 and 20 of the Trademark Act. 
 
11. Please explain whether use is required to maintain a trademark registration in Guyana.  
If use is required, please confirm that a registration may be canceled only after an uninterrupted period of at least three years of non-use, as required by Article 19.1 of the TRIPS Agreement. 
 Please refer to Section 28, which provides th at use is required to maintain a trademark 
registration.   D. G
EOGRAPHICAL INDICATIONS  
12. Please describe in detail how the laws of Guyana provide for the recognition and 
protection of geographical indications required by  Article 22.2 of the TRIPS Agreement, citing 
to the relevant provisions of law or regulation, and provide examples of geographical indications so protected.  
 Not applicable. 
 IP/Q/GUY/1, IP/Q2/GUY/1,  
IP/Q3/GUY/1, IP/Q4/GUY/1 Page 18 
 
 
 13. Please describe in detail the manner in whic h the higher level of protection required for 
wines and spirits under Article 23.2 of the TRI PS Agreement is implemented, citing to the 
relevant provisions of law or regulation, and provide examples of geographical indications for such products. 
 Not applicable. 
 
14. Please confirm that there are legal means fo r interested parties to prevent use of a 
geographical indication identifying wines or spirit s not originating in the place indicated by the 
geographical indication in question and indi cating all relevant laws and regulations. 
 Not applicable. 
 E. I
NDUSTRIAL DESIGNS  
15. Please describe the procedure that must be followed to obtain protection for industrial  
designs, citing to the provisions of the law of  Guyana, and describe the nature of the protection 
provided. 
 Designs must be registered in order for them to  be protected.  Registration of designs is dealt 
with in The Patents and Designs Act Cap 90:03.  Please note that Section 2 of that act defines the word "designs" to include industrial process or mean s.  The requirement for registration is set out in 
Sections 62 – 65.   
 In accordance with Section 3 regulations were made by the minister, please refer to rules 
13-34 of the Designs regulations in Cap 90:03 for the procedure to register designs.  
16. Please describe the procedure that must be followed to obtain protection for textile 
designs and cite to the relevant provisions of law or regulation. 
 Please refer to the information for question 15.  Also refer to the third schedule of Cap 90:03. 
 F. P
ATENTS  
17. Please describe in detail the way in which the patent law of Guyana implements 
Article 27 of the TRIPS Agreement, indicating  any exceptions provided for, and including 
details regarding the protection for micro-or ganisms and non-biological and microbiological 
processes and plant varieties.  Please cite to the relevant provisions of the law. 
 Please refer to Section 3(1) of Cap 90:03 and Section 29(2) (q) and 44. 
 
18. Please describe in detail the rights provi ded patent holders under the patent law of 
Guyana and cite to the relevant provisions of law. 
 Please refer to the following sections regarding ri ghts of patents holders, Sections 13, 21, 22, 
24, 29 (2) (b), 33, 35, 39 and 41.  
19. Please describe in detail any provisions in the laws of Guyana permitting unauthorized 
use of a patent, citing to the relevant provisions of law, and describe in detail the conditions under which such use can occur. 
 Please refer to Section 37 and 38 of Cap 90:03 as it relates to unauthorized patents.  IP/Q/GUY/1, IP/Q2/GUY/1,  
 IP/Q3/GUY/1, IP/Q4/GUY/1  Page 19 
 
 
 20. What term of protection does the patent law of Guyana provide for patents?  Please 
describe any provisions for extension of the term of protection and cite to the relevant provisions of the law. 
 Please refer to Section 21 and 22. 
 
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS  
21. Please describe in detail the protection for layout-designs of integrated circuits provided 
under the laws of Guyana, including the term of protection, and cite to the relevant provisions of law. 
 Not applicable. 
 H. U
NDISCLOSED INFORMATION  
22. Please describe in detail how the laws  of Guyana provide for the protection of 
undisclosed information as required by Articl e 39.2 of the TRIPS Agreement and provide 
citations to the relevant provisions of law. 
 Not applicable. 
 
23. Please describe in detail the manner in whic h protection is provided test data regarding 
pharmaceutical and agricultural chemical produc ts submitted to the government in order to 
obtain marketing approval in Guyana and cite to the relevant provisions of law. 
 Not applicable. 
 
24. Are other applicants for marketing approv al for their own versions of a previously 
approved pharmaceutical or agricultural chemical products permitted to rely on data submitted 
by the earlier applicant?  If so, how long a peri od of exclusivity is given the earlier applicant 
before such reliance becomes possible. 
 Not applicable. 
 I. E
NFORCEMENT – GENERAL OBLIGATIONS , CIVIL AND ADMINISTRATIVE PROCEDURES AND 
REMEDIES AND PROVISIONAL MEASURES  
25. Please describe in detail the manner in whic h the laws of Guyana provide for effective 
action against infringement of intellectual proper ty rights as required by Article 41.1 of the 
TRIPS Agreement. 
 Please refer to Section 17 and 18 in the 195 6 Act and to the copyright (British Guiana) 
Order 1966 No. 79 schedule I Part II Section 3 as it relates to Sections 17 and 18.  
 In the 1999 Bill, please refer to Part V, Sections 46 to 48 and 132 and 133. 
  In chapter 90:01 please refer to Sections 57 and 58.  IP/Q/GUY/1, IP/Q2/GUY/1,  
IP/Q3/GUY/1, IP/Q4/GUY/1 Page 20 
 
 
 26. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order 
production of evidence necessary to substantiate  a party's claims where that party has been 
unable to obtain such evidence from the opposi ng party.  Please describe how the laws or 
regulations of Guyana provide this authorization, citing to the relevant provisions of law or 
regulation. 
 Section 33 of the 1999 Bill refers to orders  for delivery of illicit recordings in civil 
proceedings.   
27. Please describe in detail the all of the civil remedies that are available to right holders 
under the laws of Guyana, citing to the relevant provisions of law or regulation. 
 The civil remedies that are available to rights holders are as follows:  damages, injunction, 
and accounts.  In the 1999 bill there is provision fo r a court order for delivery.  Please refer to the 
following sections in the respective legislation:  
 The 1956 Act – Sections 17,18, 19; 
  The 1999 proposed bill – Secti ons 32 to 35, 43, 132 and 133. 
  The Patents and Designs Act – Sections 38 to 41  
 The Trademarks Act – Section 4.  
 
28. Please describe in detail the provisional  procedures and remedies available to right 
holders under the laws of Guyana, citing to the relevant provisions of law and regulation, and 
indicate any condition under which a right holder may avail itself of those procedures and 
remedies. 
 Please refer to Section 108 in the Patents and Designs Act and Sections  137 and 138 in the 
1999 bill.  J. E
NFORCEMENT - SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES  
29. Please describe in detail the procedu res under the laws of Guyana that provide for 
border enforcement at least for trademark counter feiting and copyright piracy, identifying the 
competent authority and citing to the relevant provisions of law or regulation. 
 Not applicable. 
 
30. Please indicate if border enforcement is availa ble to owners of other forms of intellectual 
property and, if so, please describe the procedur es and remedies available in relation to each 
form of intellectual property, citing the relevant provisions of law. 
 Not applicable. 
 
31. Article 58 of the TRIPs Agreement specifies procedures to be followed where the 
competent authorities can act ex officio.  Plea se explain whether the competent authorities in 
Guyana are empowered to act ex officio and, if so, please identify the in tellectual property areas 
subject to ex officio action. 
 Not applicable.  IP/Q/GUY/1, IP/Q2/GUY/1,  
 IP/Q3/GUY/1, IP/Q4/GUY/1  Page 21 
 
 
 K. E
NFORCEMENT - CRIMINAL PROCEDURES  
32. Please describe in detail how the laws of Guyana implement Article 61 of the TRIPS 
Agreement that requires Members to have cri minal procedures and penalties, including 
imprisonment and/or monetary fines sufficient to ac t as a deterrent, at least for cases of wilful 
trademark counterfeiting and copyright infringeme nt on a commercial scale.  Please cite to the 
relevant provisions of law and regulation. 
 Please refer to Section 21 in the 1956 Act, Section 46 and 48 in the 1999 bill and 
Section 61(1) of Cap 90:01.  33. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture 
and destruction of infringing goods and any materials and implements the predominant use of which has been the commission of the offense.  Please describe the provisions in the laws of 
Guyana that provide for such remedies, and des cribe the circumstances in which those remedies 
would be imposed, citing to the relevant provisions of law or regulation. 
 Please refer to Section 21 of the 1956 Act and Section 137 in the 1999 bill. 
 
34. Article 61 also indicates that Members may provide for criminal procedures and 
penalties in cases of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws of Guyana that provid e for such procedures and remedies, citing to 
the relevant provisions of law or regulation. 
 There are no other relevant provisions other than  that stated in response to questions 32 and 
33.  L. S
TATISTICAL QUESTIONS  
35. Please provide statistical information related  to civil copyright, trademark, geographical 
indication, industrial design, patent, integrated circuit layout-design, and trade secret 
enforcement for 2000, including the number of ca ses filed;  injunctions issued;  infringing 
products seized;  infringing equipment seized;  cases resolved (including settlement);  and the 
amount of damages awarded. 
 [No response received] 
 36. Please provide statistical information relat ed to criminal enforcement in the area of 
copyright piracy and trademark infringement  for 2000, including the number of raids, 
prosecutions, convictions, and the amount of fin es and/or jail terms (including whether the fines 
were paid and whether the jail term was actu ally served or was suspended) and any other 
information establishing that the criminal system operates effectively to deter copyright piracy 
and trademark counterfeiting.  
 [No response received] 
   
__________ 
 
 