Saint Kitts and Nevis
Patents (including Plant Variety Protection)
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory licensing, if a product is being imported)?
Section 32(2)(a)(ii) of the Patents Act expressly provides that exploitation of a product patent includes importation of said product. Section 37 which deals with the grant of non-voluntary licenses provides that a third party can apply to the court for such a license where the patent has not been exploited, sufficiently exploited or imported into Saint Kitts and Nevis after four years after the grant or three years after filing, whichever later. Additionally, where the Minister is satisfied that the right holder's exploitation of the patent (which includes importation) is anti-competitive, s. 34 confers the right on him to grant a compulsory licence to a Government agency or a third party designated by the Government.