| IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1
|
Saint Kitts and Nevis |
United States of America |
20. Are other applicants for marketing approval for their own versions of previously approved pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier applicant? If so, how long a period of exclusivity is given the earlier applicant before such reliance becomes possible.
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There is currently no legislation dealing with undisclosed information therefore no further response can be given to questions 17 to 19.
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10/08/2017 |
|
| IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1
|
Saint Kitts and Nevis |
United States of America |
21. Please describe in detail the manner in which the laws of Saint Kitts and Nevis provide for effective action against infringement of intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
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Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
| IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1
|
Saint Kitts and Nevis |
United States of America |
22. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of evidence necessary to substantiate a party's claims where that party has been unable to obtain such evidence from the opposing party. Please describe how the laws or regulations of Saint Kitts and Nevis provide this authorization, citing to the relevant provisions of law or regulation.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
| IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1
|
Saint Kitts and Nevis |
United States of America |
23. Please describe in detail all of the civil remedies that are available to right holders under the laws of Saint Kitts and Nevis, citing to the relevant provisions of law or regulation.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
| IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1
|
Saint Kitts and Nevis |
United States of America |
24. Please describe in detail the provisional procedures and remedies available to right holders under the laws of Saint Kitts and Nevis, citing to the relevant provisions of law and regulation, and indicate any condition under which a right holder may avail itself of those procedures and remedies.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
| IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1
|
Saint Kitts and Nevis |
United States of America |
25. Please describe in detail the procedures under the laws of Saint Kitts and Nevis that provide for border enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent authority and citing to the relevant provisions of law or regulation.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
| IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1
|
Saint Kitts and Nevis |
United States of America |
26. Please indicate if border enforcement is available to owners of other forms of intellectual property and, if so, please describe the procedures and remedies available in relation to each form of intellectual property, citing the relevant provisions of law.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
| IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1
|
Saint Kitts and Nevis |
United States of America |
27. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent authorities can act ex officio. Please explain whether the competent authorities in Saint Kitts and Nevis are empowered to act ex officio and, if so, please identify the intellectual property areas subject to ex officio action.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
| IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1
|
Saint Kitts and Nevis |
United States of America |
28. Please describe in detail how the laws of Saint Kitts and Nevis implement Article 61 of the TRIPS Agreement that requires Members to have criminal procedures and penalties, including imprisonment and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting and copyright infringement on a commercial scale. Please cite to the relevant provisions of law and regulation.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
| IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1
|
Saint Kitts and Nevis |
United States of America |
29. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and destruction of infringing goods and any materials and implements the predominant use of which has been the commission of the offence. Please describe the provisions in the laws of Saint Kitts and Nevis that provide for such remedies, and describe the circumstances in which those remedies would be imposed, citing to the relevant provisions of law or regulation.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
| IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1
|
Saint Kitts and Nevis |
United States of America |
30. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases of wilful infringement of other forms of intellectual property. Please describe any provisions of the laws of Saint Kitts and Nevis that provide for such procedures and remedies, citing to the relevant provisions of law or regulation.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
| IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1
|
Saint Kitts and Nevis |
United States of America |
31. Please provide statistical information related to civil copyright, trademark, geographical indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for 2000, including the number of cases filed; injunctions issued; infringing products seized; infringing equipment seized; cases resolved (including settlement); and the amount of damages awarded.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
| IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1
|
Saint Kitts and Nevis |
United States of America |
32. Please provide statistical information related to criminal enforcement in the area of copyright piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was actually served or was suspended) and any other information establishing that the criminal system operates effectively to deter copyright piracy and trademark counterfeiting.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
