What are the causes of counterfeiting and piracy in Sierra Leone?
The main causes of counterfeiting and piracy in Sierra Leone are the weak infrastructure and administration to government the intellectual property rights.
Which are the goods that most often face counterfeiting and piracy in Sierra Leone?
Medicines and medical products most often face counterfeiting and piracy in Sierra Leone.
Does Sierra Leone have a well-established framework for the enforcement of Intellectual Property Rights (IPRs)?
Yes
What are the specific laws/orders/rules laid down in Sierra Leone for the enforcement of Intellectual Property Rights?
The intellectual property laws are generally modelled on the laws of the United Kingdom since Sierra Leone has a defended industry property system whereby patents originally granted in the United Kingdom automatically apply to Sierra Leone.
The laws currently in force are:
The Copyright Act, 2011 (Act No. 8 of 2011)
The Design and Patent legislation in 2012
The Trade Marks Act No. 8 of 2014 (the new Act)
What are the different types of IPRs protected by IPR enforcement in Sierra Leone?
Trademarks, Copyright, Industrial Designs, and Patents are the different types of IPRs protected by IPR enforcement in Sierra Leone.
What are the general IPR enforcement obligations in Sierra Leone?
What are the essential to-dos before an IP rights holder initiates the enforcement proceedings?
As per section 50 of the Trademarks Act 2014, it is necessary where a dispute arises between any parties in relation to copyright or trademark, the parties involved in the dispute must first seek to negotiate a settlement of dispute among them through negotiation. Thereafter, the issue shall be mediated upon by the Commissioner General. Where new settlement is arrived upon mediation as well, the matter is then referred to the tribunal.
Is there any limitation period for filing an infringement action?
Yes – the limitation periods are provided for by the Limitation Act No. 51 of 1961. Generally, the limitation period for most cases is 06 years. The limitation period is triggered or starts running from the date on which the cause of action accrued.
Which of the following IPR enforcement channels is/are available in Sierra Leone?
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 Sierra Leone?
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Are there any other civil remedies available in Sierra Leone 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 Sierra Leone?
What happens if an IP rights holder abuses the enforcement measures in civil litigation?
In the case of abuse of enforcement measures during civil litigation where the court passes an order that is not complied to, the court may impose a fine, which is twice the original fine.
Are there any disadvantages of civil litigation in Sierra Leone? If yes, then kindly give 2-3 points?
No
Is criminal prosecution available in Sierra Leone 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 Sierra Leone corresponding to the types of criminal remedies available? Also, mention the imprisonment term and the monetary fine.
A) Responsible Authority - Tribunal, High Court
B) Imprisonment Term - Patents and Industrial Designs: A term not exceeding 01 year; Trademarks: up to 07 years; and Copyright: up to 05 years
C) Monetary Fine - Patents and Industrial Designs: A fine not exceeding Le60, 000, 000.00; Trademarks: up to Le100 million; Copyright: Le 60,000,000.00
Are there any other criminal remedies available in Sierra Leone 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?
In the case of abuse of enforcement measures during criminal prosecution where the court passes an order that is not complied to, the court may impose a fine, which is twice the original fine.
Are there any disadvantages of criminal prosecution in Sierra Leone? 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?
Arbitration is governed by 25 of the laws of Sierra Leone, 1960, known as the arbitration act. Although the parties do have the option of resorting to ADR techniques, they are not frequently resorted to in Sierra Leone. However, where the parties to the dispute conceptually agree to negotiate or mediate the dispute in accordance with the said act, they may do so in furtherance of a written contract.
Are border control measures (customs) available in Sierra Leone 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 Sierra Leone?
The remedies available under border control measures (customs) in Sierra Leone include destruction of infringing goods outside the channels of commerce.
Who must bear the costs of customs intervention during enforcement?
The applicant must bear the cost of customs intervention during enforcement.
What happens if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs?
If an IP rights holder abuses the enforcement measures or proceedings, the customs shall remove the goods from detention and restrain from taking action to protect the rights of the proprietor.
Which are the best practices for enforcement of IPRs in Sierra Leone?
Court Proceedings
Are there any risks involved in the enforcement of IPRs in Sierra Leone? If yes, then kindly give 2-3 points.
The major issues arising out of Sierra Leone is the frail framework for enforcing intellectual property rights. It has been observed that the claims are usually founded on torts, contracts, petitions, and criminal offences. However, enforcement of intellectual property rights is still a nuanced field.
