Trademarks
Remedies for the infringement of trademark rights are set out in Parts 15-17 of the Trademarks Act, No. 46 of 2003.
Criminal Remedies: Part 17 ss: 123-135
The following are offences under this Part:
- to falsify or unlawfully remove a trademark: s.123
- to falsely apply a registered trademark: s.124
- to manufacture a die, block, machine or instrument to be used to commit an offence against s.123 or s.124: s. 125(1)
- to draw or program a computer or other device to draw a registered trademark or part of a registered trademark to commit an offence against s.123 or s.124: s. 125(2)
- to possess a die, block, machine, instrument, computer or some other device programmed to draw a registered trademark or part thereof or a representation of a registered trademark or part thereof to commit an offence against s. 123 or s. 124: s. 125(3)
- to sell, expose for sale, possess or import goods with false trademarks: s.l26
The penalty on conviction for any of these offences is a fine not exceeding Two Hundred and Fifty Thousand Eastern Caribbean Dollars (XCD 250,000.00): s.127
Copyright
Remedies for the infringement of Economic Rights
Any person who without a licence of the copyright owner, makes for sale or hire, or in the course of business sells or lets for hire, or offers or exposes for sale or hire, exhibits in public or distributes, imports in St. Vincent and the Grenadines for a purpose other than private domestic use or distributes otherwise than in the course of business to an extent that prejudicially affects the copyright owner, any article which he knows or believes to be an infringing copy, commits an offence: s.44(1 ).
The penalty imposed on conviction is a maximum fine of Five Thousand Five Hundred Eastern Caribbean Dollars (XCD5,500.00) for each article to which the offence relates. In the case of a subsequent conviction, the defendant is liable to a fine as may be determined by the court or to imprisonment for a term not exceeding 2 years: s. 44(4).
Any person who makes or has in his possession an article specifically designed or adapted for making copies of a particular work, knowing that it is to be used for making infringing copies for sale or hire or for use in the course of business, commits an offence: s. 44(2).
Any person who causes a literary, dramatic or musical work to be performed in public without authorization or who causes a sound recording or film to be played or shown in public knowing or having reason to believe that copyright subsists in the work and that the performance constitutes an infringement of copyright, commits an offence: s. 44(3).
The penalty on conviction of an offence under s.44(2) or 44(3) is a fine not exceeding One Thousand Five Hundred Eastern Caribbean Dollars (XCD1,500.00) and on any subsequent conviction to the aforementioned fine or to a term of imprisonment not exceeding 12 months: s. 44(5).
Remedies for the infringement of Rights in Performances
It is an offence for a person without sufficient consent to make for sale or hire; import into St. Vincent and the Grenadines otherwise than for his private and domestic use; possess in the course of a business with a view towards committing an infringing act; sell or let for hire, offer or expose for sale or hire, or distribute in the course of a business a recording which is and which he knows or has reason to believe is an illicit recording: s. 127(1).
It is an offence for a person who causes a recording of a performance made without sufficient consent to be shown or played in public or to be broadcast or included in a cable programme service, if he knows or ought to have known that he was infringing the performers rights: s.127(2).
A person guilty of an offence under s.l27(1) or s.127(2) is liable on summary conviction to a fine not exceeding Two Thousand Five Hundred Eastern Caribbean Dollars (XCD2,500.00) or to imprisonment for a term not exceeding 12 months; or on indictment to a fine not exceeding Fifty Thousand Eastern Caribbean Dollars (XCD50, 000.00) or to imprisonment for term not exceeding 5 years or to both fine and imprisonment: s.127(6).
In the course of the above mentioned proceedings the court may order the delivery up of illicit recordings: s.128.
Any police officer, not below the rank of Sargeant, may enter and search any premises or place; stop and search any vehicle; stop, board and search any vessel or aircraft (other than a ship of war or a military aircraft) if he reasonably suspects that there is an infringing copy of a work or any article used or intended to be used for making infringing copies and the officer may seize, remove or detain the infringing article or any article used or intended to be used for making infringing copies. The officer may also remove any other evidence of infringement: s. 138(1).
A police officer may, in the exercise of his duties under s. 138(1), break open any outer or inner door; forcibly board any vessel, aircraft or vehicle; remove by force any person or thing obstructing him; detain any person found until the search is completed and detain any vessel, aircraft or vehicle until it has been searched: s. 138(2).
Any person who wilfully obstructs a member of the police force in the exercise of his power; or who wilfully fails to comply with any requirement properly made; or who without reasonable excuse fails to give assistance which he may be reasonably required to give, is guilty of an offence and liable on conviction to a fine not exceeding Two Thousand Five Hundred Eastern Caribbean Dollars (XCD 2,500.00) or to imprisonment for a maximum term of 12 months: s.140.
Where any offence created by the Copyright Act is committed by a body corporate with the consent or connivance of any director, manager, secretary or any person purporting to act in such capacity, then that person as well as the body corporate is guilty of an offence and liable to prosecution: s.141.
Geographical Indications
Remedies for the infringement of geographical indications rights are set out in ss.6 and 7 of the Geographical Indications Act, No. 24 of 2004.
• Criminal Remedies: s:6
The following are enumerated as offences:
- No person shall in the designation or presentation of goods, by any means, indicate or suggest that the goods originate in a geographical area other than the true place of origin in such a manner as would mislead the public as to the geographical origin of the goods: s. 6 (l)(a)
- No person shall use a geographical indication identifying wines for wines not originating in the place indicated or identifying spirits for spirits not originating in the place indicated, even where the true origin of the goods is indicated or the geographical indication is used in translation or accompanied by expressions such as "kind", "type", "style", "imitation" or the like: s. 6 (1) (b)
- No person shall engage in conduct which constitutes an act of unfair competition, including acts which create confusion, false allegations in the course of trade and misleading indications or allegations: s. 6 (1 ) (c)
Any person who contravenes this section is liable on conviction to a fine not exceeding Ten Thousand Eastern Caribbean Dollars (XCD 10,000.00) or to imprisonment for 2 years or to both fine and imprisonment.
Industrial Designs
Remedies for the infringement of Industrial Designs rights are set out in s: 21 of the Industrial Designs Act, No.20 of 2005. Section 21(1) defines what amounts to an act of infringement as exploitation of a registered industrial design within the meaning of s. 9(2), without the authorization of the owner.
• Criminal Remedies: s: 21(3)
Any person who contravenes the exclusive rights set out in s. 9(2) commits an offence and is liable on summary conviction to a fine of Ten Thousand Eastern Caribbean Dollars (XCDI0,000.00) or to imprisonment for 5 years.
Layout-Designs of Integrated Circuits
Remedies for the infringement of Layout-Designs of Integrated Circuits rights are set out in ss. 14 and 15 of the Layout-Designs of Integrated Circuits Act, No.l8 of 2005.
• Criminal Remedies: s: 15
Any person who contravenes the exclusive rights set out in s. 6 commits an offence and is liable on summary conviction to a fine of Five Thousand Eastern Caribbean Dollars (XCD5,000.00) or to imprisonment for 3 years:s.15(1). In addition to the prescribed fine and term of imprisonment, the Court may order the seizure, forfeiture and destruction of the lay-out design, integrated circuit or articles concerned and of any material or implement, predominantly used to commit an offence:s.l5(2).