- PART I: PRELIMINARY
- PART II: REGISTRATION OF GEOGRAPHICAL INDICATIONS
- 6. Application for registration. Form 1
- 7. Withdrawal of application
- 8. Marking application
- 9. Objection toor conditional acceptance of application
- 10. Refusal of application or conditional acceptance to which applicant objects
- 11. Acceptance of application
- 12. Objection. Form 2
- 13. Registration of geographical indication
- 14. Cancellation or retification of registration
- 15. Publication
- PART III: SPECIAL PROVISIONS CONCERNING TRADE MARKS
- PART IV: GENERAL
- 19. Address for service
- 20. Inspection of Register
- 21. Entries of charges in the Register
- 22. Corrections of error
- 23. Extensions of time
- 24. Hearing
- 25. Directions as to furnishing of documents
- 26. Dispensation by the Director
- 27. Evidence
- 28. Administrative directions
- 29. Inquiries at the Office
- 30. Annexed Schedule to forms
- 31. Fees. Second Schedule
A1 Geographical Indications CAP. 320 Regulations, 2001
regs.1-4
Geographical Indications Cap.320.
GEOGRAPHICAL INDICATIONS REGULATIONS, 2001 2001/132.
Authority: These Regulations were made on 22nd November, 2001 by the Minister under section 23 of the Geographical Indications Act.
Commencement: 7th January, 2002.
PART I
PRELIMINARY
1. These Regulations may be cited as the Geographical Citation. Indications Regulations, 2001.
2. In these Regulations, Interpretation.
"fee" means the fee specified in the Second Schedule; Second
Schedule.
"form" means the form set out in the First Schedule; First
Schedule.
"Official Gazette" includes such other publication as is approved by the Director for the purpose.
3. Applications shall be in the English language, and any Language of
documents
document forming part of an application or submitted to the Director
and
pursuant to the Act or these Regulations, and which is in a language translations. 4. (1) A document purporting to be signed for or on behalf of a Signatures
by partner-
partnership shall contain the names of all the partners in full, and shall
ships,
be signed companies and associations.
(a) by all the parties, or by any partner qualified to sign stating THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados
CAP. 320 Geographical Indications A2 Regulations, 2001
regs.5-6
(b) by any other person who satisfies the Director that he is authorised to sign the document. Representa-5. (1) The appointment of an attorney-at-law shall be made by an
tion by
authorisation of agent, which shall be signed by the applicant or, if
attorney-at
law. there are more than one, by each applicant.
(2) The authorisation of agent appointing an attorney-at-law may be filed together with the application or within 2 months from its filing date and, if the appointment is not so made or is not in accordance with section 8(2) of the Act and paragraph (1), any procedural steps taken by the agent, other than the filing of the application, shall be deemed not to have been taken.
PART II
REGISTRATION OF GEOGRAPHICAL INDICATIONS
Application 6. (1) The application for the registration of a geographicalfor indication shall be made in Form 1 and shall be signed by the
registration.
Form 1. applicant or an authorised agent.
(2) The application shall indicate the applicant's name, address, nationality and residence. A3 Geographical Indications CAP. 320 Regulations, 2001
regs.7-9 7. (1) An application may be withdrawn by written declaration Withdrawal
of applica
submitted to the Director and signed by each applicant or an
tion.
authorised agent.
(2) The application fee shall not be refunded if the application is withdrawn.
8. (1) Upon receipt, the Director shall mark on each document Marking
application.
making up the application, the actual date of receipt and the application number consisting of the letters BB, slant, the letters GI, slant, the numbers of the year in which the initial papers were received, slant, and a number allotted in the sequential order in which applications are received and, where any corrections or other later filed documents are received on different dates, the Director shall also mark their actual date of receipt in the appropriate place of the request for registration of the geographical indication.
(2) The application number allotted under paragraph (1) shall be quoted in all subsequent communications concerning the application.
9. (1) Where upon examination in accordance with section 9 of Objection to
or condi
the Act the Director objects to the application for registration of a
tional
geographical indication, he shall notify the applicant in writing of his acceptance objections with all the relevant details, and invite the applicant to amend of applica
tion.
the application, to submit his observations in writing or to apply for a hearing within 2 months from the date of the notification; and, if the applicant does not comply with the invitation within the set period, he shall be deemed to have withdrawn his application.
THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados
CAP. 320 Geographical Indications A4 Regulations, 2001
regs.10-11 Refusal of 10. (1) Where after a hearing or after consideration of the
application
applicant's amendments or observations in writing the Director refuses
or condi
tional the application or accepts it subject to any amendments, acceptance modifications, conditions or limitations to which the applicant objects,
to which
applicant he shall communicate his decision to the applicant in writing.
objects.
(2) The applicant may, within one month from the date of the communication referred to under paragraph (1) and upon payment of the prescribed fee, request the Director to state in writing the grounds of his decision and the material used by him in arriving thereat.
Acceptance 11. (1) Where the Director accepts the application uncondition
of applica
ally or accepts it subject to any conditions or limitations to which the
tion.
applicant does not object, he shall so notify the applicant, requesting him to pay the publication fee within one month from the date of the notification.
A5 Geographical Indications CAP. 320 Regulations, 2001
reg.12 12. (1) A notice of objection under section 10(1) of the Act shall Objection.
Form 2.
be given in Form 2 within 3 months of the date of the publication referred to in regulation 11(2), and shall be accompanied by the specified fee and any supporting evidence. THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados
CAP. 320 Geographical Indications A6 Regulations, 2001
reg.13 Registration 13. (1) Subject to the payment of the registration fee within the
of geo
period specified in regulation 12(5), the Director shall register the
graphical
indication. geographical indication in accordance with section 11(1) of the Act and this regulation. A7 Geographical Indications CAP. 320 Regulations, 2001
reg.14 14. (1) The publication referred to in section 14(2)(b) of theAct Cancellation
or rectifica
shall
tion of registration. THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados
CAP. 320 Geographical Indications A8 Regulations, 2001
regs.15-16 Publication. 15. Particulars of geographical indications and other proceedings under the Act and any other information required to be published under the Act or these Regulations shall be published, in accordance with the directions of the Director, in the Official Gazette.
PART III
SPECIAL PROVISIONS CONCERNING TRADE MARKS
Refusal or 16. (1) A request under section 20 of the Act to refuse or to
invalidation
invalidate the registration of a misleading trade mark shall be made in
of registra
tion of Form 4 and shall be subject to the payment of the specified fee; and misleading the procedure set out in regulation 12 shall apply mutatis mutandis.
marks. Form 4.
A9 Geographical Indications CAP. 320 Regulations, 2001
regs.17-18 17. (1) A request under section 21 of the Act to refuse or to Refusal or
invalidation
invalidate the registration of a trade mark which conflicts with a
of registra
geographical indication for wines and spirits shall be made in Form 5, tion of a and shall be subject to the payment of the specified fee; and the mark
conflicting
pro-cedure set out in regulation 12 shall apply mutatis mutandis.
with certain geographical
(2) Where the Director on his own initiative decides to refuse or indications.
Form 5.
invalidate the registration of a trade mark pursuant to section 21 of the Act, he shall in writing so notify the registered owner of the mark, stating the reasons for his decision and giving him at least one month to submit a counter-statement and to request a hearing. 18. (1) The Director shall record and publish a reference to the Publication
of invalida
invalidation of the registration of a trade mark pursuant to section 20
other than English, shall be accompanied by an English translation
verified by the translator as being to the best of his knowledge
complete and faithful.
that he signs on behalf of the partnership; or
case of a legal entity, the address of its registered
office;
which that person is a national and, in the case of a legal
entity, the State under whose laws it is constituted;
entity filing the application, and the capacity in which the
applicant is applying for registration;
accordance with section 8(2) of the Act and regulation 5;
geographical indication applies;
which the geographical indication is used, and any conditions
under which the indication may be used;
of objection is sent to the applicant;
name the indication is registered;
accordance with section 8(2) of the Act and regulation 5;
which the geographical indication is used and any conditions
under which the indication may be used; and
date of registration.
particulars referred to in regulation 13(2);
for the cancellation or rectification of the registration of the
geographical indication by setting out the name and address of
the person or authority, and of the representative or any agent;
and
use the geographical indication under section 12 of the Act
may apply to join in the proceedings.