What are the causes of counterfeiting and piracy in Saint Kitts and Nevis?
The main source of counterfeit goods is the online presence and access to such goods.
Which are the goods that most often face counterfeiting and piracy in Saint Kitts and Nevis?
Imitation jewellery, designer apparels, and bags, etc. most often face counterfeiting and piracy in Saint Kitts and Nevis.
Does Saint Kitts and Nevis have a well-established framework for the enforcement of Intellectual Property Rights (IPRs)?
Yes
What are the specific laws/orders/rules laid down in Saint Kitts and Nevis for the enforcement of Intellectual Property Rights?
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)
What are the different types of IPRs protected by IPR enforcement in Saint Kitts and Nevis?
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.
What are the general IPR enforcement obligations 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.
What are the essential to-dos before an IP rights holder initiates the enforcement proceedings?
Is there any limitation period for filing an infringement action?
No
Which of the following IPR enforcement channels is/are available in Saint Kitts and Nevis?
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Are civil actions available for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in civil litigation?
Yes
Which of the following types of civil remedies is/are available in Saint Kitts and Nevis?
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Are there any other civil remedies available in Saint Kitts and Nevis than the ones mentioned above? If yes, then kindly explain in brief.
No
What is the approximate timeline of civil litigation related to IPR enforcement in Saint Kitts and Nevis?
What happens if an IP rights holder abuses the enforcement measures in civil litigation?
Are there any disadvantages of civil litigation in Saint Kitts and Nevis? If yes, then kindly give 2-3 points?
No, there are no disadvantages.
Is criminal prosecution available in Saint Kitts and Nevis for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in criminal prosecution?
Yes
Which is the responsible authority in Saint Kitts and Nevis corresponding to the types of criminal remedies available? Also, mention the imprisonment term and the monetary fine.
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
Are there any other criminal remedies available in Saint Kitts and Nevis than the ones mentioned above? If yes, then kindly explain in brief.
No
What happens if an IP rights holder abuses the enforcement measures in criminal prosecution?
Are there any disadvantages of criminal prosecution in Saint Kitts and Nevis? If yes, then kindly give 2-3 points?
No
Are there any alternative dispute resolution mechanisms which allow parties to resolve their dispute out of court?
The option of ADR is not fully utilized for IPR-related disputes.
Are border control measures (customs) available in Saint Kitts and Nevis for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to the customs authority/department to support his claims of infringement against the opposing party/importer of counterfeit goods?
Yes
What are the remedies available under border control measures (customs) in Saint Kitts and Nevis?
As per section 50 of the Copyrights, Act, such goods shall be liable to forfeiture and no other penalty shall be imposed.
Who must bear the costs of customs intervention during enforcement?
The applicant/interested party must bear the costs of customs intervention during enforcement.
What happens if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs?
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.
Which are the best practices for enforcement of IPRs in Saint Kitts and Nevis?
Court proceedings
Are there any risks involved in the enforcement of IPRs in Saint Kitts and Nevis? If yes, then kindly give 2-3 points.
