World Intellectual Property Organization

Barbados

Barbados National Standards Institution (Certification Marks) Act, Cap. 325A (codified as of 1985)

 

 


CHAPTER 325A BARBADOS NATIONAL STANDARDS INSTITUTION (CERTIFICATION MARKS) ARRANGEMENT OF SECTIONS SECTION

1. Short title.
2. Interpretation.
3. Functions of Institution.
4. Powers of Institution.
S. Powers of entry.
6. Information.
7. Marking of articles.
8. Offences.
9. Regulations.

mE LAWS Of BARBADOS

Prinlld by the Government Printinl Department, Bay Street, St. Michlel, by the authority of the Government of Barbados

CHAPTER 325A

BARBADOS NATIONAL STANDARDS INSTITUTION
(CERTIFICATION MARKS)

An Act to make provisions respecting the certijication marking 1981-11. of goods.

[1st September, 1981] ,::ence

S.I. 1981 No. 146.

1. This Act may be cited as the Barbados National Standards Short title .

Institution (CertijicationMarks) Act_

.

Interpre

2. In this Act

tation.

"covering" means any cover, wrapper or stopper, and includes any cask, bottle, vessel, box, crate, capsule, case, frame, or other container;

"mark" means a device, brand, heading, label ticket, pictorial presentation, name, signature, word, letter or numeral, or a combination thereof;

"process" means a practice, treatment or a mode of manufacture;

"standard mark" means the Barbados National Standard Institution Certification mark, specified by the Institution to represent conformity to a particular Barbados National Standard.

3. The functions of the Barbados Natural Standards Insti-Functions of Institu

tution, referred to in this Act as "the Institution" , are

tion.

(a)
to prepare, promote and generally adopt standards on a
national, regional or international basis, relating to
structures, commodities, materials, articles and other
things offered to the public commercially;
(b)
to establish and publish in the prescribed manner a
standard in respect of any article or process;

TIlE LAWS OF BARBADOS

Printed by the Goyernment Printilli Departntent, Say Street, St, Mich.el,

by the authority of the Goyernment of Barbados

sA CAP. 325A Barbados National Standards Institu-L.R.O. 1985 4 tion (Certification Marks)

Powers of institution.

(c)
to recognise as a standard, in relation to an article or process, any standard established by any other institution approved by the Institution;
(d)
to promote standardisation, quality control and simplification in industry and commerce;
(e)
to facilitate. the implementation of standards in Barbados;
(j)
to revise as may be necessary any national standard;
(g)
to act as custodian of the national standards of mass, length, capacity, time, temperature and electrical measurements;
Ch) to certify those products, commodities and processes that conform to the national standards;
(i)
to publish certification marks of any design, containing such details as the Institution thinks fit, for the purpose of representing a particular standard;
(j)
to maintain testing laboratories, for the purpose of testing and examining commodities, products, materials, processes and practices, and in so doing to conduct investigations or research as may be necessary;
(k)
to test precision instruments, gauges and scientific apparatus both for the purpose of determining their accuracy and calibration; and the calibration of standards used in industrial and commercial activities;
(l)
to collect and disseminate information on standards and related technical matters, nationally, regionally and internationally;
(m)
to co-ordinate the efforts ofproducers and users of materials, products, appliances, processes and methods, for the improvement of the materials, products appliances, processes and methods;
(n)
to do such other things as may be necessary to provide for standardisation in Barbados.

4. The Institution may, with the approval ofthe Minister

(a) grant, renew, suspend or cancel a licence or permit to use a standard mark;

ss.S-6

tion (Certification Marks)

(b)
determine, impose or levy rates, charges, dues, or
fees for
(i)
services performed by or on behalf of the Institution,
(ii)
the use by a person of a facility provided by the Institution, or
(iii) the grant to any person of a certificate, licence or permit;
(c)
appoint inspectors for the purposes of this Act;
(d)
prohibit, control or regulate the use by any person of a
standard mark or facility used for the purposes of certifi
cation marking.

5. (1) An inspector appointed under section 4 may at all Powers reasonable times enter upon premises for the purposes of of entry.

(a)
inspecting articles or processes in relation to which a
standard mark is used, for the purpose of determining
whether
(i)
an article or process conforms to a standard,
(ii)
a standard mark has been used without a licence, or
(iii) a standard mark has been otherwise improperly used;
(b)
taking samples of any article, material or substance used
in any process or other article in relation to which a standard
mark is used; and
(c)
carrying out a technical audit of any activity or opera
tion relating to a particular product or process with which a
certification mark is associated.

(2) An inspector must, upon entering premises, produce a certificate of appointment issued to him by the Institution.

6. (1) An applicant for a licence to use a standard mark must Infonnasubmit to the Institution such information, samples of materials or tion. substances used in relation to any article or process as the Institution determines.

(2) Information submitted under subsection (1) or obtained by an inspector in the course of his duty is confidential and may not be disclosed by any person except with the consent ofthe Institution.

nu: LAWS OF BARBADOS

PrInted by the Government PrtnU"I Department, Bay Street, St. Mtchael,

by the authority of the Government of Barbadol

ss.7-9 CAP. 325A Barbados National Standards Institu-L.R.O.1985 6 tion (Certification Marks)

Marking

of articles.

Offences.

Regulations.

  1. An article is marked with a standard mark if the covering or label attached to that article is so marked.

    1. (1) A person is guilty of an offence and liable on summary conviction to a fine of $2000, or imprisonment for 12 months, or both, and in the case of a continuing offence to a further fme of $100 for each day or part thereof during which the offence continues after a conviction is first obtained, who

      1. in relation to any article or process, in a title or any patent, or in a trade mark or design, uses a standard mark or any colourable imitation thereof without having a licence granted by the Institution;

      2. uses a standard mark in relation to any article or process that does not conform to the standard published or recognised by the Institution;

        1. withoutthe permission of the Institution in writing, uses

            1. a name that so nearly resembles the name of the

            2. Institution, the words, "Barbados National Standard" or any abbreviation thereof so as to deceive , or be likely to deceive, any other person, or
          1. a mark or trade mark in relation to any article or process containing the words "Barbados National Standard", "Barbados National Standard Specification" , or an abbreviation thereof.

9. The Institution may, with the approval of the Minister, make regulations respecting any ofthe following:

(a) the publication and recognition of standards;

(b)
the design, particulars and publication of standard marks;
(c)
the granting, renewal, suspension or cancellation of a licence or permit to use a standard mark;
(d)
the fees to be paid by an applicantfor a licence or permit;
(e)
the conduct of an inspection or a technical audit and the taking of samples;

s. 9

tion (Certification Marks)

(j)
theformstobeused under this Act;
(g)
the keeping of a register of licencees;
(h)
the keeping of a registeroftesting laboratories; and
(i)
generally, for givingeffectto the provisions of this Act.

TIlE LAWS OF BARBADOS

Prinlecl by Ih. Governmenl Prlntilll Department, Bay Street, St. Mich.el, by the luthorlty of Ih. Government of Barbados