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Enforcement of IPRs in Saint Kitts and Nevis

Saint Kitts and Nevis

Enforcement of IPRs
The main source of counterfeit goods is the online presence and access to such goods.
Imitation jewellery, designer apparels, and bags, etc. most often face counterfeiting and piracy in Saint Kitts and Nevis.
They are as follows:
  • The Geographical Indications Act, 2007 (Chapter 18.39)
  • The Protection of Layout-Designs (Topographies) of Integrated Circuits Act, 2007 (Chapter 18.40)
  • The Copyright Act, 2000 (Chapter 18.08)
  • The Marks, Collective Marks, and Trade Names Act, 2000 (Chapter 18.22)
  • The Patents Act, 2000 (Chapter 18.25)
Graphical indications, layout designs of integrated circuits, copyright, trademarks, trade names, collective marks, and patents are the different types of IPRs protected by IPR enforcement in Saint Kitts and Nevis.
The legislation currently does not protect ‘foreign works.’ Protection of eligible works in SKN is limited to the authors who are nationals or habitual residents of SKN or if it was first published in SKN (ss. 3 and 8 of SKN Copyright Act). It is, therefore, advised to register the respective IPR before seeking to enforce the same.
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
No, there are no disadvantages.
A) Responsible Authority - High Court
B) Imprisonment Term - Trademarks: 03 to 10years; Copyright: on summary conviction: up to 02 years, on conviction on indictment: up to 05 years; Patents: up to 12 years
C) Monetary Fine - Trademarks: not less than 10,000 dollars and not exceeding 30,000 dollars (for more grave instances of infringement, it may extend to $40,000); Copyright: on summary conviction: up to $ 50,000, on conviction on indictment: up to $250,000; Patents: up to $40,000
The option of ADR is not fully utilized for IPR-related disputes.
As per section 50 of the Copyrights, Act, such goods shall be liable to forfeiture and no other penalty shall be imposed.
The applicant/interested party must bear the costs of customs intervention during enforcement.
Failure to act in compliance of the customs authorities shall result in lapse of such proceedings and the goods will, therefore, be released for commercial access.
Court proceedings