BUSINESS BRIEF: BARBADOS
What are the best strategies for dealing with the problem? A culture of recognition of, and respect for, IP rights needs to be developed. Tere are some educational and public outreach programmes underway in collaboration with the Corporate Affairs and Intellectual Property Office (CAIPO) and these target the younger generation.
Franchises Business identifiers such as trade and service marks, and trade names and trade dress are well known to the public and are what draw consumers to the business. Te Franchises (Registration and Control)
Act (FRCA) defines a franchise as any right granted in writing by the owner of a mark, product, service, technique or
device to
another person to use the mark, product, service, technique or device, whether or not it is protected by a trademark or trade secret, or by use or otherwise. It is unlawful to operate a business or
franchise without a franchise licence. Foreign (ie, non-Barbadian or non-Caricom) businesses cannot use their own marks, products, services, techniques, devices, copyright, industrial designs or inventions without a franchise licence. Requests for licences are published in the Official Gazette, giving the public the opportunity to object. Right owners (whether or not registered)
should therefore exercise great care in granting licences, and licensees must ensure that they do not run afoul of the FRCA by operating their businesses without a franchise licence.
Copyright What are the key challenges to copyright owners in your jurisdiction? Lack of public awareness of
to maximising the return
“LOCAL CREATORS SHOULD SEND TO THEMSELVES BY REGISTERED POST (NOT TO BE OPENED EXCEPT IN COURT) A DATED RECORD OF THEIR CREATION.”
Tere is no formal registration system
for copyrighted materials. As evidence of their authorship, local creators should send to themselves by registered post (not to be opened except in court) a dated record of their creation. Where appropriate, creators are also encouraged to join a collective society.
How should people ensure they are protected against copyright infringement? Vigilance is the key. Right owners seem ill- equipped or unwilling to enforce their own private rights; law enforcement agencies cannot be effective without the support of the right owners.
What is the best way to deal with infringement? Te small size of the Barbados market militates against enforcing relatively small incidents of infringement, on a cost/benefit analysis.
Are there any other IP developments we should know about? Barbados has a robust legislative framework for protecting IP rights. Te last major changes occurred in 2006. Beside patents, trademarks and copyright, the laws protect geographical indications, industrial designs, plant varieties and integrated circuits. Barbados is party to the 2008 Economic
Partnership Agreement between the Cariforum states and the EU and its member states. Some IP obligations are “best-endeavour”—
the significance
and value of IP continues to be a significant challenge
www.worldipreview.com on investment, especially in the cultural industries.
accession to the Madrid System, revised Trademark Law Treaty, Hague Agreement and Patent Law Treaty; and consideration of whether to accede to the International
Rosalind Smith Millar is a partner at Clarke Gittens Farmer. She specialises in IP law (especially trademark, patent and industrial design registration) and real property law. She can be contacted at:
rosalind.smithmillar@
clarkes.com.bb
World Intellectual Property Review Annual 2015 95
Convention for the Protection of New Varieties of Plants (UPOV). Mandatory requirements include compliance the WIPO Copyright Treaty and
with
Performances and Phonograms Treaty; accession to the Budapest Micro-organisms Treaty; providing a publicly available electronic trademarks database; accepting the 2005 Doha Protocol on public health; and implementation of the provisions of the Convention on Biological Diversity. Te CAIPO has digitised its records for public
access and plans are afoot for allowing online filing. Other obligations are under continuing review, but it will first be necessary to update existing systems and solve some logistical issues before implementing legislative changes.
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