BARBADOS
Since September 2019, entry into force in December 2019
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Barbados has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
BARBADOS
Since September 2019, entry into force in December 2019
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Barbados has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
BARBADOS
Since February 2001
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Barbados lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. The Protection Against Unfair Competition Act, under Art. 8.2, governs the treatment of "secret information". According to this article, information is deemed secret if it meets the following criteria: (i) it is not generally known among, or easily accessible to, individuals who would typically possess knowledge of or access to such information, considering both its overall structure and specific components. (ii) it holds commercial value due to its confidential nature, and (iii) the rightful owner has taken reasonable measures under the given circumstances to maintain its secrecy.
Coverage Horizontal
BARBADOS
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
There is no obligation for passive infrastructure sharing in the country to deliver telecom services to end users. However, it is practised in the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
BARBADOS
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
9.04%
Coverage rate of zero-tariffs on ICT goods (%)
29.37%
Coverage: Digital goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
BARBADOS
N/A
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Barbados is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
- Show more...
BARBADOS
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the World Trade Organization (WTO) Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Barbados is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
BARBADOS
Reported in 2007, last reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Maximum foreign equity shares in the telecommunications sector
It is reported that at least 25% of the equity in a telecommunications carrier must be held by Barbadian natural or legal persons. Furthermore, it is indicated that the authorities have noted that mobile virtual network operators (MVNOs) are also subject to the same ownership structure requirement.
Coverage Telecommunications sector, including mobile virtual network operators
BARBADOS
Since August 2001, last amended in February 2006
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Patent Act, Chapter 314
According to Art 17.5 of the Patent Act, an applicant (both foreigner and local) for a patent must be represented by a patent agent in Barbados. In addition, it is reported that to be a patent agent in Barbados, it is mandatory to be an attorney-at-law licensed and registered with the Corporate Affairs and Intellectual Property Office.
Coverage Horizontal
BARBADOS
Since March 1985
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Barbados is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
BAHAMAS
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Bahamas has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
BAHAMAS
Since 2003
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Bahamas has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
BAHAMAS
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Bahamas has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
BAHAMAS
Since January 2013
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Guidelines for the Type Approval of Licence
The Utilities Regulation and Competition Authority (URCA) is the body responsible under the Communications Act 2009 for the regulation of the electronic communications sector in the Bahamas. According to Art. 2.1 of the Guidelines for the Type Approval of Licence, an application for type approval can be made by any manufacturer/producer, dealer or importer of a low-power device or a duly authorised agent acting on behalf of the manufacturer. According to Art. 2.3 of the Guidelines, the granting of type approval is based on the URCA receipt of a submission containing adequate test reports and other supporting documents demonstrating compliance with the required standards. The type approval device must bear the same model number as the test report, including a declaration of conformity issued by the manufacturer. According to Art. 2.4 a declaration of conformity, issued by the manufacturer of the device on company letterhead or letterhead and signed by an authorised representative of the manufacturer, confirming that the device complies with the relevant standards (e.g. radio, health and safety, EMC, etc.) must be submitted.
Coverage Electronic products