RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/301
5 July 2001
(01-3364)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Responses from Grenada to questions posed by the United States
By means of a communication from the delegation of Grenada dated 21 June 2001, the
Secretariat has received the following introduction and responses to questions posed by the
United States, as circulated in document IP/C/W/268.
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INTRODUCTION
There are several pieces of legislation that pertain to the protection of intellectual property
rights enforced in Grenada, but they are not comp liant with the TRIPS Agreement.  The said pieces of
legislation are the:
- Copyright Act CAP. 67;
- Copyright (Delivery of Books) Act CAP. 68;
- Patents Act CAP. 227;
- Registration of United Kingdom Patents Act CAP. 283;
- Registration of United Kingdom Trademarks Act CAP. 284; and- United Kingdom Design Protection CAP. 331.
In order to be compliant with the TRIPS Agr eement, we have taken several different steps.
First we are in the process of reviewing the legislation enacted in Dominica, as they are the most
advanced in this area within the Organization of Eastern Caribbean States, also CARICOM has
submitted for our review and comment a draft Copyright Bill.
We have also been forwarded, from WIPO, a draft Act on the Protection of Patents, Industrial
Designs and Marks, for our consideration.
A definite timeframe cannot at this time be given for the enactment of the new legislation, as
we lack sufficient trained personnel in this area to assist with the review.  We also have to bear in
mind that there will be necessary changes in the infrastructure that are not feasible at this time.IP/C/W/301
Page 2
UNITED STATES
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, th e manner in which national treatment and most-
favoured-nation treatment are provided to nationals of other WTO Members.
[No reply received]
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright law of Grenada complies with Article 9 of the
TRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the Berne
Convention (1971), except Article 6bis, since Members do not have rights or obligations relating to the
latter Article under the TRIPs Agreement.
[No reply received]
3. Please explain how the copyright law of Grenada protects computer programs as literary
works  and complications of data as required by Article 10 of the TRIPS Agreement.
With regard to the above question, the present legislation enforced in Grenada does not deal
with the issues therein.  But within the legislation of CARICOM, when enacted, these issues will be
addressed.
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law
of Grenada.
Please see the response to question 3.
5. Please state the length and terms of protection the copyright law of Grenada provides  for a
work other than a photographic work or a work of applied art and cite to the relevant provision of
law.
The length of protection provided for copyright is for fifty (50) years immediately following
the calendar year in which the author died.  This is provided for in Section 8 of the Act, which states:
Copyright subsisting in a work under this part shall continue to subsist until the end of the
period of fifty years immediately following the calendar year in which the author died, but-
(a) in the case of a literary or musical work, if before the death of the author-
(i) the publication of the work;
(ii) the performance of the work in public;
(iii) the offer for sale to the public of records of the work;
(iv) the broadcasting of the work; or
(v) the communication by cable of the work,
has not taken place, the copyright shall continue to subsist until the end of the period of fifty
years from the end of the calendar year in which one of those acts first takes place, or until theIP/C/W/301
Page 3
end of the period of one hundred years immediately following the year in which the author
died, whichever period first comes to and end;
(b) in the case of an engraving, if it had not been published before the death of the author,
the copyright shall continue to subsist until the end of the period of fifty years immediatelyfollowing the end of the calendar year in which it s first published;
(c) …(d) in the case of anonymous or pseudonymous work (other than a photograph), the
copyright shall subsist until the expiration of fifty years from the end of the year in which the
work was first published, but-
(i) a work shall not be treated as anonymous or pseudonymous if, before the end
of the period mentioned in this paragraph, the identity of the author is generally
known or can be ascertained by reasonable enquiry;
(ii) a work which has been published under two or more names shall not be
treated as pseudonymous unless all those names are pseudonymous;
6. Please describe the protection the copyright law of Grenada provides for performers, and the
term of the protection.
Protection for performers are provided for in Section 13 of the Act, which states that subject
to the where a record has, with the consent of the performer, been made of a performance, the
performer's authority shall not be required for public performance, broadcast or communication by
cable made by means of that record, but the performer shall, in respect of such public performance,broadcast or communication by cable, be entitled to receive from the person giving, or authorizing the
public performance, broadcast or communication by cable equitable remuneration, which in the
absence of agreement, shall be fixed by the High Court.
The rights subsisting in a protected performance, subject to the above mentioned statement,
shall be the exclusive right to authorize any person to do, in relation to the performance or a
substantial part thereof, in Grenada or on any sh ip or aircraft registered in Grenada any of the
following acts:
(a) the making of a record of the performance;(b) otherwise than the use of an authorized record
(i) the broadcasting of the performance;
(ii) the use of a record of performance for the purpose of giving a public
performance;
(iii) the communication by cable of the performance.
Where protected performance has been reproduced on an authorized sound recording, the
maker of the sound recording shall be entitled to re ceive a share not exceeding one-half, or such other
proportion as may be prescribed.
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2
requires that producers of phonograms are to have the right to authorize or prohibit the commercial
rental to the public of originals or copies of their phonograms.  Please describe how the copyright
law of Grenada implements these obligati ons and indicate the term of protection.IP/C/W/301
Page 4
[No reply received]
C. TRADEMARKS
8. Please describe the subject matter that can comprise a trademark under the trademark law of
Grenada.
Section 2 of the Merchandise Marks Act, states that a trademark means a trademark registered
in the register of trademarks kept under the Patents, Designs and Trade Marks Act, 1883, or any Act
or Acts replacing the same, of the Parliament of the United Kingdom, and includes any trademark
which, either with or without registration, is protected by law in Grenada or in any other British
possession.
9. Please describe the procedure that must be followed to register a trademark in Grenada,
citing the relevant provisions of the law, and descri be the rights that the owner of a registered mark
can exercise.
The Supreme Court Registry of Grenada is responsible for the registering of trademarks, but
does not have any border enforcement authority.
The registration is governed by the Registration of United Kingdom Trade Marks Act,
CAP. 284.  Under the Act any person being the regi stered proprietor of a trademark in the United
Kingdom may apply at any time during, the existence of its registration to have such registered in
Grenada.
The Registrar of the Supreme Court then issues a certificate of registration to the applicant
who shall then be the registered proprietor in Gren ada of the trademark in respect of the goods entered
in the register; and shall have in Grenada all the privileges and rights in use of the trademark
conferred on him in the United Kingdom as long as the registration there remains in force, provided
that no action for infringement shall be entered prior to date of issue of certificate of registration in
Grenada.
10. Please provide the length and terms of protection that the trademark law of Grenada provides
for a trademark.
[No reply received]
D. GEOGRAPHICAL INDICATIONS
[No replies received]
E. INDUSTRIAL DESIGNS
13. Please describe the procedure that must be followed to obtain protection for industrial
designs, citing to the provisions of the law of Grenada, and describe the nature of the protection
provided.
The national system for the United Kingdom Designs Protection Act governs registering
designs, CAP. 331.  The registered proprietor of a design registered in the United Kingdom shall
enjoy in Grenada the like privileges and rights as though the certificate of registration in the United
Kingdom had been issued with an extension to Grenada.IP/C/W/301
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14. Please describe the procedure that must be followed to obtain protection for textile designs
and cite to the relevant provisions of law or regulation.
[No reply received]
F.-L. PATENTS , LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS , U NDISCLOSED
INFORMATION , ENFORCEMENT AND STATISTICAL QUESTIONS
15-34. [No replies received]
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