IP OVERVIEW OF BARBADOS

Barbados is a member of the World Intellectual Property Organization (WIPO), and a signatory to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) and the Paris Convention on Protection of Industrial Property.

Barbados has comprehensive legislation for the protection of intellectual property, and is in compliance with the World Trade Organization's (WTO) TRIPs requirements in this area.

The Acts and Regulations cover patents, trademarks, industrial designs, copyright, integrated circuit topographies, geographical indications, plant breeders’ rights and unfair competition.

In Barbados, the Corporate Affairs and Intellectual Property Office (CAIPO) is the only department that responsible for the approval and specific intellectual property protection management. It belongs to the Ministry of Economic Development of the country.

The Intellectual Property Section of the CAIPO is responsible for administering Barbados' intellectual property rights system and for advising the Ministry of International Business and International Transport on the technical and policy issues which underlie Barbados' intellectual property rights regime.

Generally, the Intellectual Property management in Barbados comprises two main branches, namely:

1. IP protection related to industrial property, includes patent, trademarks, integrated circuits, geographical indications, plant breeder's rights and industrial designs.

The approval for such applications is more cumbersome, and when the property rights are protected, it requires disclosing part of information to the public who are interested in.

2. Copyright protection for literary, musical, artistic, photographic and audiovisual works and other related rights. It will take effect as long as the works is completed.

From the perspective of the legislative system, Barbados has comprehensive legislation for the protection of intellectual property, mainly include:

Patent

In order to consistent with the relevant international conventions they signed, Barbados enacted its Patent Law on July 26, 2001, the Law came into force on August 6, 2001, and was amended by Act No. 2 of 2006. The notification of Barbados to the WTO under article 63.2 of TRIPS states: 'The Act also establishes the term of protection available in accordance with the TRIPS Agreement and the procedure to be followed to facilitate the examination, grant and registration of patent rights in Barbados. The Act repeals the 1981 Act, but saves pending applications and patents registered thereunder.' According to the new law, any invention (including the reproduction of plants) can be patented, and the patent protection period is 20 years; Offenders will be fined for 50,000 Barbados dollars or for 2 years' imprisonment.

Copyright

The Copyright Law was enacted on March 5, 1998, entry into force on August 14, 1998, which provides a protection of lifetime plus 50 years, and in the conditions permit, it allows the copyright to be transferred. Offenders will be fined for 50,000 Barbados dollars or for 2 years' imprisonment. Copyright ( Amendment) Act, 2004-17 amends the principal Act by deleting sections 46, 132, 134 and 140 and substituting new provisions for increased penalties in respect of certain offenses created under the Act. Copyright (Amendment) Act, 2006-1 amends the principal Act by deleting section 101(2) and section 101(3) and substituting new provisions in respect of the composition of the Copyright Tribunal, a 3-year appointment of members and eligibility for re-appointment.

Trademark

The Trademarks Act came into effect on January 1, 1985, and was revised twice on August 6, 2001 and February 23, 2006. In Chapter 319, it prohibits registration of marks that are similar or identical to other marks or existing registered business names, wellknown marks and other inherently unregistrable marks as defined in the Act. The protection for registered trademark is 10 years, and can be renewed. Offenders will be fined for 40,000 Barbados dollars or for 10 years’ imprisonment.

Recently, Barbados is not the signatory of Madrid Agreement, so it can be only applied for protection.

Industrial design

To protect design of industrial and handicrafts, Barbados issued the Protection for Industrial design Act in 1984. The protection period is 5 years, and it can be renewed twice in every 5 years.

Protection against Unfair Competition Act

With enacted on September 14, 1998, entry into force on February 19, 2001, it aims at fulfilling the WTO rules and fighting against unfair competitions. It is a complement to other related intellectual property rights legislations. The notification of Barbados to the WTO under article 63.2 of the TRIPS states: "This Act implements Articles 39-40 of the TRIPS Agreement and, inter alia, defines those acts or practices which amount to unfair competition, or can cause dilution of the goodwill or reputation of goods or services. Commercial activity designed to mislead the public in terms of the value of goods and services, and the disclosure or acquisition of secret information relating to a commercial enterprise, without the consent of the rightful holder of such information, are also prohibited under the Act. The Act also creates the criminal offence disclosure of secret information by competent authorities. It also provides for civil proceedings in the High Court in relation to contravention of the Act. The Court retains sole jurisdiction over matters under the Act." The Protection Against Unfair Competition Act provides protection against unfair competition practices by both private and commercial entities and official government authorities, providing for criminal and civil proceedings against offenders whose conduct in the course of commercial or industrial activities is contrary to honest practices (particularly actions in the nature of passing off, misleading the public, damage to goodwill or reputation, disclosure of secret information), and actions leading to unfair commercial use as a result of disclosure by an official of data submitted to an authority for approval.

Other IP law, such as Protection Act for Species Breeding, Integrated Circuit Protection Act and Geographical Discovery Protection Act are all well implemented in Barbados.