WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IPIN11IBRB/G/1 
16 October 2001 
(01-5059) 
Original: Englishl 
anglaisl 
ingIes 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
BARBADOS 
The present document reproduces the textl of the Geographical Indications Act, 1998, as 
notified by Barbados under Article 63.2 of the Agreement (see document IP/N/1/BRB/2). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIP ALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
BARBADE 
Le present document contient Ie textel de la Loi de 1998 sur les indications geographiques, 
notifie par la Barbade au titre de l'article 63:2 de l'Accord (voir Ie document IP/N/1/BRB/2). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
BARBADOS 
En el presente documento se reproduce el textol de la Ley de Indicaciones Geognificas, 
de 1998, que Barbados notifieD de conformidad con 10 dispuesto en el parrafo 2 del articulo 63 del 
Acuerdo (vease el documento IP/N/1/BRB/2). 
1 In English only.lEn anglais seulement.lEn ingles solamente. I P/NIIIBRB/GII 
Page 2 
GEOGRAPmCAL INDICATIONS 
ACT, 1998-22 
Arrangement o/Sections 
Section 
Citation 
1. Short title 
Interpretation 
2. Definitions 
Part I 
Protection of Geographical Indications 
3. Application of Act 
4. Homonymous geographical indications for wines 
5. Exclusion from protection 
6. Prohibition against improper use of geographical 
indication 
7. Civil remedies 
Part II 
Registration 0/ Geographical Indications 
8. Application for registration 
9. Examination and publication of application 
10. Obj ection to registration 
11. Registration Section 
12. Right of use 
13. Register 
14. Cancellation and rectification of registration 
15. Correction of errors 
16. Extension of time 
17. Di~cretionary powers 
18. Publication 
19 . Jurisdiction of Court 
Part III IPlNllIBRB/GIl 
Page 3 
Special Provisions Concerning Marks: Exceptions 
20. Misleading marks 
21. Marks conflicting with a geographical indication 
for wines and spirits 
22. Exceptions regarding prior users 
Part IV 
Miscellaneous 
23. Regulations 
24. Commencement IPINIl/BRB/G/I 
Page 4 
BARBADOS 
I assent 
C. STRAUGHN HUSBANDS 
Governor-General 
14th September, 1998. 
1998-22 
An Act to provide for the protection of geo­
graphical indications in order to fulfill the obligations of 
Barbados under the Agreement on Trade-Related Aspects 
of Intellectual Property Rights of the World Trade 
Organisation and ~elated matters. 
(By Proclamation.) Commence­
r q -0 2. -2. 00 I ment 
ENACTED by the Parliament of Barbados as 
follows: 
Citation 
1. This Act may be cited as the Geographical Short title 
Indications Act, 1998. Definitions 
Application 
of Act Interpretation 
2. In this Act 
(a) "Court" means the High Court; IP/N/lIBRB/G/I 
Page 5 
(b) "Director" means the Registrar of Corporate 
Affairs and Intellectual Property; 
(c) "geographical indication" means an indication 
that identifies goods as originating in the 
territory of a country, or a region or locality in 
that territory, whe're a given quality, reputation 
or other characteristic of the goods is 
essentially attributable to its geographical 
ongm; 
(d) "producer" means 
(i) any producer of agricultural products or 
any other person using natural products for 
the production of other goods; 
(ii) any industry or manufacturer of products 
of handicraft; and 
(iii) any trader dealing in the products 
mentioned in sub-paragraphs (i) and (ii); 
(e) "Register" means the Register of Geographical 
Indications. 
Part I 
Protection of Geographical Indications 
3. (1) Protection under this Act is accorded to 
geographical indications whether or not they are 
registered. 
(2) Notwithstanding subsection (1), geographical 
indications which although literally true as to the 
territory, region or locality in which the goods originate, 
falsely represent to the public that the goods originate in 
another territory are not protected by this Act. 
(3) For the purposes of this section, registration of 
a geographical indication under Part II raises the 
presumption that the geographical indication is a 
geographical indication within the meaning of section 2. IP/N/IIBRB/G/I 
Page 6 
Prohibition 
against 
improper use 
of 
geographical 
indication 4. (1) Subject to section 3(2), in the case of Homony­
homonymous geographical indications for WInes, :e~~~aphical 
protection shall be accorded to each indication. indications 
(2) The Director shall, in cases of permitted 
concurrent use of homonymous geographical indications, 
determine the practical conditions under which such 
indications will be differentiated from each other. 
(3) For the purposes of subsection (2) the Director 
shall have regard to the need 
(a) to ensure equitable treatment of the producers 
concerned; and 
(b) to ensure that consumers are not misled. for wines 
5. The following shall not be protected 
geographical indications: as Exclusion 
from 
protection 
(a) indications that do not correspond to the 
definition in section 2(e); 
(b) indications that offend public order or morality; 
(c) geographical indications that are not or cease to 
be protected in their country of origin, or that 
have fallen into disuse in that country. 
6. (1) No person shall 
(a) in the designation or presentation of goods, by 
any means, indicate or suggest that the goods 
originate in a geographical area other than the 
true place of origin in a manner that misleads 
the public as to the geographical origin of the 
goods; 
(b) use a geographical indication identifying wines 
for wines not originating in the place indicated 
by the geographical indication in question or 
identifying spirits for spirits not originating in 
the place indicated by the geographical 
indication in question, even where the true 
origin of the goods is indicated or the 
geographical indication is used in translation or 
accompanied by expressions such as "kind", 
"type", "style", "imitation" or the like; IP/NIlIBRB/GIl 
Page 7 
(c) engage in conduct which constitutes an act of 
unfair competition, being an act of competition 
contrary to honest practices in industrial or 
conunercial matters and including 
(i) all acts of such ·a nature as to create 
confusion by any means whatever with the 
establishment, the goods, or the industrial 
or commercial activities, of a competitor; 
(ii) false allegations in the course of trade 
of such a nature as to discredit the 
establishment, the goods, or the 
industrial or commercial activities, of a 
competi tor; 
(iii) indications or allegations, the use of 
which in the course of trade, is liable to 
mislead the public as to the nature, the 
manufacturing process, the characteris­
tics, the suitability for their purpose, or 
the quantity, of the goods. 
(2) A person who contravenes subsection (i) is 
guilty of an offence and is liable on sununary conviction 
to a fine of $10 000 or to impdsonment for 2 years or 
to both such fine and imprisonment. 
7. (1) Any interested person may institute Civil 
proceedings in the Court to prevent, in respect of remedies 
geographical indications, any act referred to in section 
6(1). 
(2) The Court may, in proceedings under 
subsection (1), in addition to granting an injunction, 
award damages and grant any other remedy or relief the 
Court thinks fit. IP/NIliB RB/GI\ 
Page 8 
Cap. 308 Part II 
Registration of Geographical Indications 
8. (1) The following may make an application to Application 
the Director for the registration of a geographical for 
indication registration 
(a) persons carrying on an activity as producers In 
the geographical area specified in the 
application, with respect to the goods specified 
in the application; 
(b) consumers and groups of consumers; or 
(c) any marketing organisation incorporated under 
the Companies Act or established under any 
enactment. 
(2) Where an applicant's ordinary residence or 
principal place of business is outside Barbados, he shall 
be represented by an attorney-at-law who is resident and 
practising as an attorney-at-law in Barbados. 
(3) An application for .the registration of a 
geographical indication shall specify 
(a) the name, address and nationality of the person 
making the application and the capacity in 
which the applicant is applying for registration; 
(b) the geographical indication for which 
'registration is sought; 
(c) the geographical areas to which the 
geographical indication applies; 
(d) the goods to which the geographical indication 
applies; 
(e) the quality, reputation or other characteristic of 
the goods in respect of which the geographical 
indication is used; 
and shall be accompanied by the prescribed fee. 
9. (1) The Director shall examine every Examination 
application to ascertain whether it complies with the ~nd Pufblica-
. b d 8 d hI' hon 0 requirements of sectIOns 5( ) an an t e regu atlOnS. application I PINIIIBRB/GIl 
Page 9 
(2) Where the Director is satisfied that the 
application complies with the requirements of sections 
5(b) and 8 and that the regulations referred to in 
subsection (1) are fulfilled, he shall cause the 
application to be published in the prescribed manner. 
10. (1) Any interested person may, within' the 
prescribed period and in the prescribed manner, give 
notice to the Director of an objection to -the registration 
of the geographical indication referred to in section 8 on 
the grounds that it does not comply with the 
requirements of section 5 or 8, or the regulations. 
(2) The Director shall send a copy of the notice 
referred to in subsection (1) to the applicant. 
(3) Upon receipt of the copy of the notice referred 
to in subsection (2), the applicant shall, within the 
prescribed period and in the prescribed manner, send to 
the Director a counter-statement of the grounds on 
which the applicant relies for his application; and if he 
does not do so, he shall be deemed to have abandoned 
the application. 
(4) Where the applicant sends a counter-statement, 
the Director shall f1lrnish a copy thereof to the objector 
and, after hearing the parties, if either or both wish to be 
heard and considering the merits of the case, the 
Director shall decide whether the geographical indication 
should be registered. 
Registration 11. (1) Where the Director is satisfied that the 
requirements referred to in section 8 have been complied 
with and either 
(a) there has been no objection to the registration 
of the geographical indication within the 
prescribed period; or 
(b) there has been an objection to the registration 
of the geographical indication and the objection 
has been decided in the applicant's favour, 
the Director shall register the geographical indication, 
issue to the applicant a certificate of registration and 
publish a notice of the registration. Objection 
to 
registration IPIN11/BRB/GIl 
Page 10 
Right of 
use 
Register (2) Where, as the result of an objection made under 
this section or for any other reason, the Director is 
satisfied that the application for registration of a 
geographical indication does not comply with the 
requirements of section 5 or 8 or the regulations the 
Director shall refuse the application. . 
12. Only producers of products possessing the 
quality, reputation or other characteristic specified in the 
Register and who are carrying on their activity in the 
geographical area specified in the Register may use a 
registered geographical indication, in the course of trade, 
with respect to such products. 
13. (1) The Director shall maintain a Register in 
which he shall record all matters required by this Act to 
be recorded. 
(2) The Registrar shall be open for inspection by 
the public during nonnal working hours, and any person 
may obtain extracts therefrom or make copies of such 
extracts in the manner and under the conditions 
prescribed. 
14. (1) Any 
Court for interested person may apply to the Cancellation 
and rectifica­
tion of 
registration 
(a) the cancellation of the registration of a 
geographical indication on the grounds that it 
does not comply with section 5; or 
(b) the rectification of the registration of a 
geographical indication on the grounds 
(i) that the geographical area specified in the 
registration does not correspond to the 
geographical indication, or 
(ii) that the indication of the products in 
respect of which the geographical 
indication is intended to apply or the 
indication of the quality, reputation or other 
characteristic of such products is missing or 
is unsatisfactory. 
(2) In any proceedings under this section, notice of 
the request for cancellation or rectification; Correction 
of errors 
Extension 
of time 
Discretionary 
powers I P/NI I IBRB/GII 
Page II 
(a) shall be served on the person who filed the 
application for registration of the geographical 
indication or his successor in title~ and 
(b) shall, by a publication in the prescribed manner, 
be given to all persons having the right to use 
the geographical indication under section 11. 
(3) The persons referred to in subsection (2) and 
any other interested person may, within such period as 
the Court specifies in the notice and publication referred 
to in that subsection, apply to be joined in the. 
proceedings. 
(4) The Registrar of the Supreme Court shall notify 
the Director of the decision of the Court or the decision 
on any appeal therefrom and the Director shall record it 
and publish a notice of the decision as soon as possible. 
15. The Director may, subject to the regulations, 
correct any error of translation or transcription, clerical 
error or mistake in any application or document filed 
with the Director or in any matter recorded pursuant to 
this Act or the regulations. 
16. \Vhere the Director is satisfied that the 
circumstances justify it, he may, upon receiving a written 
request, extend the time for doing any act or taking any 
proceedings under this Act or the regulations, upon 
notice to parties concerned and upon such terms as he 
may direct notwithstanding that the time for doing the 
Act or taking the proceedings has expired. 
17. The Director shall, before exercising any 
discretionary power vested in him by this Act in a 
manner that is likely to adversely affect any party to 
proceedings before him, give that pa..rty an opportunity to 
be heard. 
18. The Director shall publish in the Official 
Gazette and in a ne\vspaper published daily in Barbados 
everything required to be published under this Act. 
19. (1) The COUll has jurisdiction in cases of 
disputes relating to the application of this Act and in 
matters which, under this Act, are to be referred to the 
Court. Publication 
Jurisdiction 
of Court IP/N/l/BRB/G/I 
Page 12 
Exceptions 
regarding 
prior users (2) Any party aggrieved by a decision of the 
Director may, within two months after the date of the 
decision, appeal against the decision to a Judge in 
Chambers. 
Part ITI 
Special Provisions Concerning Marks: Exceptions 
20. The Director shall, on his own motion or at the 
request of an interested party, refuse or invalidate the 
registration of a trademark that contains.or consists of a 
geographical indication with respect to goods not 
originating in the territory indicated, if use of the 
indication in the trademark for such goods in Barbados 
is of such a nature as to mislead the public as to the true 
place of origin. 
21. The registration of 
(a) a trademark for wines that contains or consists 
of a geographical indication identifying wines, 
or 
(b) a trademark for spirits that contains or consists 
of a geographical indication identifying spirits, 
shall be refused or invalidated by the Director on his 
own motion or at the request of an interested party, with 
respect to such wines or spirits that do not originate in 
the territory indicated. 
22. (1) Nothing in this Act shall prevent continued 
and similar use in Barbados, of a particular geographical 
indication of another country identifying wines or spirits 
in connection with goods or services by citizens, 
permanent residents or immigrants of Barbados, who 
have used that geographical indication in a continuous 
manner with regard to the same or related goods or 
services in Barbados 
(a) for a period of at least ten years immediately 
preceeding the 15th day of April, 1994; or 
(b) in good faith prior to that date. 
(2) Where a trademark has been applied for or 
registered in good faith, or where rights to a trademark 
have been acquired through use in good faith, Misleading 
marks 
Marks 
conflicting 
with a 
geographical 
indication for 
wines and 
spirits (a) before the commencement of this Act; or IP/NIIIBRB/GIl 
Page 13 
(b) before the geographical indication is protected 
in its country of origin, 
this Act shall not prejudice the registrability of or the 
validity of the registration of a trademark, or the right to 
use a trademark, on the basis that such a trademark is 
identical with, or similar to, a geographical indication. 
(3) Nothing in this Act shall apply in respect of a 
geographical indication of any country with respect to 
goods or services for which the relevant indication is 
identical with the term customarily used in common 
language as the common name for such goods or 
services in Barbados. 
(4) Any request for relief made under Part I of this 
Act in connection with the use or registration of a 
trademark must be presented within five years after the 
adverse use of the protected geographical indication has 
become generally known in Barbados or after the date 
of registration of the trademark in Barbados. 
(5) Subsection (4) applies only where the 
trademark has been published by the date of registration 
of the trademark in Barbados, where that date is earlier 
than the date on which the adverse use became generally 
known in Barbados and provided that the geographical 
indication is not used or registered in bad faith. 
(6) This Act does not affect the right of any person 
to use, in the course of trade, that person's name or the 
name of that person's predecessor in business, except 
where such name is used in a manner that is likely to 
mislead the public. IPINI1IBRB/G/I 
Page 14 
Part IV 
23. The Minister may make regulations 
(a) prescribing anything that is required by this 
Act to be prescribed; or 
(b) that are necessary for giving effect to this Act. 
24. This Act shall come into operation on a date to 
be fixed by proclamation. Regulations 
Commence­
ment 