Friday, November 16, 2007

National Emblems and the Law

The Regulation of the National Emblems falls under the portfolio of the Prime Minister.

The Act cited as the National Emblems and National Anthem of Barbados (Regulation) Act - Chapter 300A of the Laws of Barbados regulates the use of the National Emblems and National Anthem of Barbados.

"National Emblems" means The Broken Trident, the Coat of Arms, the National Flag, the National Flower and any of the National colours when used together. This Act clearly defines the Coat of Arms and the National Flag in Parts I and II of the First Schedule. The "National Anthem" means the words and music recognised by the Government as the National Anthem of Barbados. The Minister responsible for the national Emblems may declare by order The National Flower, The National Prayer, and The National Song of Barbados.

The copyright in the words and music of the National Anthem and the design of the National Emblems is vested in the Crown in perpetuity.

A person who desires to import into Barbados, manufacture for sale, offer for sale or sell any articles, goods or things that represent or on which is reproduced or represented any of the National Emblems must apply to the Minister responsible for his approval and grant of a licence for the purpose. This is also necessary when it is intended to use or displaying any of the National Emblems in connection with a business, trade, profession or calling, or with the activities of a body or persons, whether corporate or unincorporate.

Where an applicant for a licence pursuant to Section 4 of the Act is a Government Department, a statutory body or any other similar body or a charitable organisation the Minister may waive all or such part of the fees as he thinks fit.

Under Section 5 of the Act any person who

(a) not being the holder of a valid licence granted under this Act

(i) uses or displays in connection with the carrying on of any business,
trade, profession or calling or with the activity of any body of
persons whether corporate or unincorporate, or
(ii) sells or offers for sale any article or thing which represents or on
which is reproduced or represented any National Emblem or any emblem
so nearly resembling a National Emblem as to be calculate to deceive;

(b) Being the holder of a valid licence granted under this Act, fails to comply with or contravenes, any of the terms or conditions subject to which the licence is granted is guilty of an offence and liable on summary conviction to a fine of one thousand dollars or to imprisonment for one year, and in the case of a continuing offence, to a fine not exceeding one hundred dollars for each day or part thereof during which the offence continues after the day on which the conviction under this section was obtained.
It is also an offence to mutilate, cut, tear or in any other way deface any of the National Emblems. In addition the consent of the Minister given in writing must be obtained before anyone can print or write on, affix a stamp to or otherwise mark any of the National Emblems. This carries on summary conviction a fine of one thousand dollars or imprisonment for one year or both.

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