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Custom Recordal of IPRs in Saint Kitts and Nevis

Saint Kitts and Nevis

Custom Recordal of IPRs
Yes
No
Yes
The Copyright Act, 2000 forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Saint Kitts and Nevis.
It is effective on both imports and exports.
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.
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.
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.
Yes
Intimation of such sort is made at the earliest. There is no such time prescribed for the same within the Act.
Yes, the system is centralized.
The system of recordal is followed offline since the facility is not availed online.
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.
Yes
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.
The applicant bears the liability and expenses related to suspension of the release of infringing goods.
Yes
Yes
Yes
N/A
No
N/A
Yes
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.
No
No
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.
No
N/A
The possible remedies awarded by the court include forfeiture of the infringing goods.
Yes