Is Custom Recordal of Intellectual Property Rights (IPRs) available in Saint Kitts and Nevis?
Is Custom Recordal of IPRs compulsory in Saint Kitts and Nevis?
Is it an effective measure to stop the infiltration of illegal and counterfeit products in Saint Kitts and Nevis?
Which law forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Saint Kitts and Nevis?
The Copyright Act, 2000 forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Saint Kitts and Nevis.
Is Custom Recordal of IPRs effective on import or export of goods or both?
It is effective on both imports and exports.
What is the role of the customs department/authority? (Kindly give 2-3 points)
It is the role of the customs to keep a watch and control the entry and exit of counterfeit goods, which may cause harm to the proprietor of the IPR or the consumer of such goods. Also, once they receive a notification, it is their duty to act in furtherance of the same and prevent such influx of goods.
Is there a procedure to record IP with the customs department/authority? If yes, then kindly explain it in brief.
The owner of the copyright in any published literary, dramatic, or musical work may give a notice in writing to the Comptroller of Customs (a) that he or she is the owner of the copyright in the work; and (b) that he or she requests the Comptroller to treat as prohibited goods under the Customs (Control and Management) Act, Cap. 20.04 during a period specified in the notice printed copies of the work, which constitute infringing copies.
What documents are to be submitted along with the application for Custom Recordal of IPRs?
The owner of the copyright in a sound recording or film may give notice in writing to the Comptroller of Customs (a) that he or she is the owner of the copyright in the work; (b) that the infringing copies of the work are expected to arrive in Saint Christopher at a time and a place specified in the notice; and (c) that he or she requests the Comptroller to treat the copies as prohibited goods under the Customs (Control and Management) Act.
Is the applicant required to execute a bond (against all liabilities and to bear the costs towards destruction, demurrage, and detention charges incurred till the time of destruction or disposal) with the customs department/authority for Custom Recordal of IPRs?
What is the time frame for the customs department/authority to notify the applicants whether their application (for custom recordal of IPRs) is registered or rejected?
Intimation of such sort is made at the earliest. There is no such time prescribed for the same within the Act.
Does the customs department/authority have a centralized system or the Custom Recordal is required to be done with each port of entry in Saint Kitts and Nevis by land, sea, and air?
Yes, the system is centralized.
Is there an online system for Custom Recordal in Saint Kitts and Nevis?
The system of recordal is followed offline since the facility is not availed online.
What is the official fee for Custom Recordal in Saint Kitts and Nevis?
What is the term of Custom Recordal of IPRs? Can it be further renewed?
The period specified in a notice shall not exceed 05 years and shall not extend beyond the end of the period for which the copyright may subsist.
Does the customs department/authority have a right to conduct raids and seize the counterfeit goods within Saint Kitts and Nevis?
In which scenario does the customs department/authority suspend the clearance of imported goods?
The customs department suspends the clearance of imported or exported goods either at the request of the rights holder or while the customs act in an ex officio capacity to prevent the influx of infringing goods entering into the markets of Saint Kitts and Nevis. Such clearance remains suspended until the court makes a final determination concerning those goods or, where due to lack of the rights holder’s cooperation, the customs deem it appropriate to release the goods.
Who bears the liabilities and expenses related to suspension of the release of infringing goods?
The applicant bears the liability and expenses related to suspension of the release of infringing goods.
Is the IP rights holder authorized to examine the goods, the clearance of which has been suspended?
Is the IP rights holder authorized to request the information about the personal details of the importer and additional crucial piece of information concerning the consignment, which has been suspended from clearance?
Can the importer or the authorized representative of the goods, which have been suspended from clearance, request the information of the IP rights holder in question?
Within what timeframe the IP rights holder needs to confirm whether the goods are counterfeit or original after suspension?
Is the IP rights holder required to produce an injunction order or evidence of court proceedings to detain the goods?
If the answer to the above question is 'Yes,' then what is the deadline to do so?
Does the IP rights holder need to pay an additional bond for the detention of goods?
If the answer to the above question is 'Yes,' then to what extent and how is the valuation calculated?
The same is decided by considering any liability or expense, which the Comptroller may incur in consequence of the notice by reason of the detention of any article or anything done to an article detained.
In the scenario where the goods detained or seized are found to be infringing the IPRs of the IP rights holder in question, what steps does the customs department/authority take?
Does the customs authority invite the rights holder and importer to join the proceedings? Are there any consequences of failure to join such proceeding, if any?
Before disposal/destruction of infringing goods, does the rights holder need to submit a ‘no objection’ or concurrence document?
Are there any disadvantages of Custom Recordal of IPRs in Saint Kitts and Nevis? If yes, then kindly give 2-3 points?
There is no procedure to record other IPRs, like trademarks and patents, except for copyright, with the Customs Authority, which is detrimental to the interest of both the foreign and domestic proprietors of legitimate rights.
If an IP rights holder is not satisfied with the action taken by the customs department/authority, can he/she initiate separate legal proceedings to enforce his/her IP rights?
To establish if the goods are counterfeit before the court of justice, will the affidavit by the IP rights holder suffice or any other documentary requirement is there?
Upon conclusion of proceedings before the Court of Justice, what are the possible remedies awarded by the court?
The possible remedies awarded by the court include forfeiture of the infringing goods.
Is the rights holder under an obligation to inform customs authority when his Intellectual Property Right ceases to be valid/ he ceases to be the owner of such IPR?