RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/317/Add.2
1 March 2002
(02-1017)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Response from Antigua and Barbuda to the question posed by Australia
Addendum
By means of a communication from the delegation of Antigua and Barbuda dated
27 November 2001, the Secretariat has received the following response to the question posed by
Australia, as circulated in document IP/C/W/328.
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A. PATENTS (INCLUDING PLANT VARIETY PROTECTION )
1. How does your country provide protection for new plant varieties as required under
Article 27.3(b)?  If your legislation is based on the UPOV system, on which UPOV Act was it
modelled?  Can new plant varieties be protected by patent in your country?
Antigua and Barbuda has decided to create a sui generis  system of protection for plant
varieties.  It has made plant varieties an exception for protection under section 2 of the Patent Bill.  A
bill has not yet been drafted for the administration of these rights as discussions are still being
conducted as to what system would best suit the righ t holders' particular needs.  The OECS countries
are also examining the best possible system to ensure that all the countries implement similar systems.
The Trinidad model, which is based on the UPOV model, is also being examined.  Caricom has also
placed an obligation under Protocol 3 of its Trade Ag reement on the member States to ensure that all
legislation pertaining to intellectual property be harmonised.
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