INTELLECTUAL PROPERTY RIGHTS IN BARBADOS
First Renewal Term
Subsequent Renewal Term
The Trade Marks Act, Chapter 319 of the Laws of Barbados (TMA), and the Trade Marks Regulations, 1984 – are the primary laws governing the mechanism of trademark registration and protection in Barbados.
Barbados follows the 10th Edition of Nice Classification.
Multi-class applications are not allowed. A separate application is required for each class of goods and/or services.
For getting a trademark registered in Barbados, an application has to be filed with the Director of the Intellectual Property Office.
It usually takes about two (02) to three (03) years for the Registrar of Corporate Affairs and Intellectual Property Office to process a local application for trademark registration. Paris Convention priority can be claimed. Once the registration is complete, the Registrar’s Office will issue a Certificate of Registration (Form No. 10).
Trademark registration in Barbados is based on a ‘first-to-file’ system.
The period allowed for interested parties to oppose a trademark application is ninety (90) days from publication.
A trademark registration is valid for ten (10) years from the date of application, which can be further renewed indefinitely for successive periods of ten (10) years each.
The time frame for filing the renewal application before the due date is twelve (12) months.
A grace period of six (06) months, however, is allowed from the expiration date for the filing of the application for renewal. After that time a new application for registration is required.
If a trademark is not used within five (05) years after registration without good reason, it may be removed from the Register on application to the court by a third party.
A patent can be registered in Barbados pursuant to the Patents Act, 2001 (cap. 314) and the Patents Regulations (No. 84 of April 17, 1984), which provide for the registration of local patent applications.
It usually takes about two (02) to three (03) years for the Registrar of Corporate Affairs and Intellectual Property Office to process an application for registration.
In Barbados, an invention that satisfies the conditions of originality, novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
Paris Convention priority can be claimed.
Barbados is signatory to the Patent Cooperation Treaty (PCT), and accordingly, national phase filing of a PCT patent is possible. Therefore, the types of patent applications that can be filed include Non-Convention Application and Convention Application.
In Barbados, an opposition against a patent application cannot be raised at the pre-grant stage.
Once the registration is complete, the Registrar’s Office will issue a certificate of registration.
A patent is a monopoly right that provides the patentee with the exclusive use of his or her invention for fifteen (15) years with a right to renew it for a further period of five (05) years. It is a valuable business asset that can be bought, sold, transferred, or licensed like any other property. However, it is valid only for twenty (20) years in total. Once the registration term has expired, it cannot be renewed.
Once a patent has been registered in Barbados, there is an annual fee payable to the Barbadian Government every year. The fee is due on the anniversary of the application date. Annual fees for a PCT issued patent are due on the same date. Failure to pay an annual fee will result in the rights protected by the registration being placed in abeyance. The same will effectively prevent any enforcement action from being taken.
A grace period of six (06) months is allowed for the late payment of an annual fee along with a penalty. After this period, the patent application shall be deemed to have been withdrawn, or the patent would lapse.
The provisions concerning industrial designs are governed under the Industrial Designs Act, Chapter 309A (1981-57, as amended by Act 1988-6).
An application for registration of an industrial design may be made to the Director upon payment of the prescribed fee. When the application is made by an agent, the application must be accompanied by a power of attorney authorizing the agent to make the application.
The types of industrial design applications that can be filed in Barbados include Non-Convention Application and Convention Application.
Utility model protection isn't provided under industrial design protection in the nation.
Opposition against an industrial design application can't be raised in Barbados.
The total duration of industrial design registration in Barbados is fifteen (15) years from the date of application. The initial registration term is five (05) years, which is further extendible for two (02) terms of five (05) years each upon payment of the renewal fee.
No payments for the annuity are required. There is only the initial fee for registering the industrial design.
The time frame for payment of the renewal fee before the due date is twelve (12) months.
There is no grace period to renew a registered industrial design.
Barbados is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
Copyright and Related Rights Laws and Treaties, Copyright Act, 1998 - is the basic legislation governing copyright protection in Barbados.
As soon as the owner records his original creation or work, whether in writing or another form, copyright protection begins automatically.
There is no registration of copyright in Barbados or in many of the other foreign countries that recognize Barbadian copyright holders.
Copyright in literary, dramatic, musical, and artistic works is deemed to last for the lifetime of its creator plus the period of fifty (50) years after his or her death. In the case of sound recordings and film, the duration is fifty (50) years counted from the end of the year in which the work was made. In terms of cable or broadcast programming, copyright lasts for fifty (50) years from the end of the year in which the broadcast took place. Copyright in typographical arrangements lasts for twenty-five (25) years from the year in which the edition was first published.