IP |
Offence |
Penalty |
Copyright |
s. 46(1) Any person who, at a time when copyright in a work subsists by virtue of this Act, (a) makes for sale or hire; (b) in the course of a business, sells or lets for hire, or offers or exposes for sale or hire, exhibits in public or distributes; (c) imports into Saint Christopher and Nevis for purposes other than his or her private and domestic use; or (d) distributes otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the copyright; any article which he or she knows or has reason to believe is an infringing copy of that work, commits an offence. [s. 46(1)] |
On summary conviction to a fine not exceeding fifty thousand dollars or imprisonment for a term not exceeding two years or both; (b) on conviction on indictment, to a fine not exceeding two hundred and fifty thousand dollars or imprisonment for a term not exceeding five years or both. [s. 46(4)] |
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s. 46(2) A person who, at the time when copyright subsists in a work by virtue of this Act, makes or has in his or her possession an article specifically designed or adapted for making copies of that 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. 46(5): (a) on summary conviction, to a fine not exceeding twenty-five thousand dollars, or imprisonment for a term not exceeding one year or both;(b) on conviction on indictment, to a fine not exceeding one hundred thousand dollars, or imprisonment for a term not exceeding three years or both. |
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s. 135 (1): A person who, without sufficient consent, (a) makes for sale or hire; (b) imports into Saint Christopher and Nevis otherwise than for his or her private and domestic use; (c) possesses in the course of a business with a view to doing any act infringing the rights conferred by this Part; or (d) in the course of a business (i) sells or lets for hire; (ii) offers or exposes for sale or hire; or (iii) distributes; a recording which is, and which he or she knows or has reason to believe is, an illicit recording commits an offence, |
(a) on summary conviction, to a fine not exceeding fifty thousand dollars or imprisonment for a term not exceeding two years or both, or (b) on conviction on indictment, to a fine of two hundred and fifty thousand dollars or imprisonment for a term not exceeding five years, or both. |
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s. 135(2): 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 so as to infringe any of the rights conferred by this Part, if he or she knows or has reason to believe that those rights are infringed commits an offence, and shall be liable |
(a) on summary conviction, to a fine not exceeding fifty thousand dollars or imprisonment for a term not exceeding two years, or both; (b) on conviction on indictment, to a fine of two hundred and fifty thousand dollars or imprisonment for a term not exceeding five years, or both [s. 135(2)] |
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s. 137(1): A person who makes a false representation that he or she is authorised by any person to give consent for the purposes of this Part 8 (Rights in Performances) in relation to a performance commits an offence, unless he or she believes, on reasonable grounds, that he or she is so authorised. |
s. 137(2): on summary conviction, to a fine not exceeding five thousand dollars or imprisonment for a term not exceeding six months, or both. |
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s. 143(1): Without prejudice to any other written law, any person who (a) wilfully obstructs a police officer in the exercise of his or her powers or the performance of his or her duties under this Act; (b) wilfully fails to comply with any requirement properly made to him or her by the police officer; or (c) without reasonable excuse, fails to give the police officer any other assistance which he or she may reasonably require to be performing his or her duties under this Act; commits an offence, and shall be liable, |
on summary conviction, to a fine not exceeding ten thousand dollars or imprisonment for a term not exceeding one year, or both [s. 143(1)] |
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s. 143(2): A person who, when required to give information to a police officer in the exercise of his or her powers or the performance of his or her duties under this Act, gives false or misleading information to the officer commits an offence and shall be liable |
On summary conviction, to a fine not exceeding five thousand dollars or imprisonment for a term not exceeding six months, or both. [s.143(2)] |
Trademarks |
s. 27: An infringement shall consist of the performance, in Saint Christopher and Nevis, of any act referred to in section 9 of this Act by a person, other than the owner of the title of protection, and without the agreement of the latter. s. 9(1) No person shall use a registered mark in relation to any goods or services for which it is registered unless he or she has the authorisation of the owner to do so. s. 17(3): The use of any trade name by a third party, whether as a trade name or a mark or collective mark, or the use of a similar trade name or mark, that is likely to mislead the public, is unlawful. |
S. 28(1): Any person who performs an act which constitutes an infringement as defined in section 27 of this Act or an unlawful act as defined in section 17 (3) of this Act commits an offence and is liable, on conviction, to a fine of not less than ten thousand dollars and not exceeding thirty thousand dollars, or imprisonment for a term of not less than three years and not exceeding ten years, or both. |
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s. 28(2): Any person who (a) forges a mark or collective mark; (b) makes any die, block, machine or other instrument for the purposes of forgoing or of being used for forgoing a mark or collective mark; (c) disposes of, or has, in his or her possession, any such die, block, machine or other instrument; (d) sells, or has, in his or her possession for sale, any goods to which is affixed a forged mark or collective mark; (e) imports, into Saint Christopher and Nevis (i) any product or article bearing a forged mark or collective mark; or (ii) any other infringing product or article; commits an offence, and shall be liable |
On conviction, to a fine of not less than fifteen thousand dollars and not exceeding forty thousand dollars, or imprisonment for a term of not less than five years and not exceeding twelve years, or both. [s.28(2)] |
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s. 28(3): Any person who, knowing the same to be false, (a) makes or causes to be made a false entry in the Register; (b) makes or causes to be made any document falsely purporting to be a copy of an entry in the Register; or (c) produces, tenders or causes to be produced in evidence any such entry or copy thereof; commits an offence, and shall be liable |
On conviction, to a fine of not less than ten thousand dollars and not exceeding thirty thousand dollars, or to imprisonment for a term of not less than three years and not exceeding ten years, or both. [s. 28(3)] |
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s. 28(4): Any person who, for the purpose of (a) deceiving the Registrar or any other officer in the execution of his or her duties under this Act; or (b) procuring or influencing the doing or omission of any act under this Act; makes a false statement or representation knowing the same to be false, commits an offence, and shall be liable |
On conviction, to a fine of not less than five thousand dollars and not exceeding twenty thousand dollars, or imprisonment for a term of not less than two years and not exceeding five years, or both. [s. 28(4)] |
Patents |
s. 62(1) Any person who intentionally or wilfully performs an act which constitutes an infringement as defined under section 40 of this Act commits an offence |
He/she is liable to a fine of not less than fifteen thousand dollars and not more than forty thousand dollars, or to imprisonment for a term of not less than five years and not more than twelve years, or both. [s. 62(1)] |
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s. 40(1) The patentee shall, in addition to any other right, remedy or action available to him or her, have the right, subject to sections 33.(4), 35, 38 and 42 of this Act, to institute Court proceedings against any person who infringes the patent by performing, without his or her authorisation, any of the acts referred to in section 33(2) of this Act or who performs acts which make it likely that infringement will occur. s.33(2) The rights referred to in subsection (1) shall be the following, namely, (a) to continue to do or, as the case may be, to do that act himself or herself; (b) if the act was done or preparations had been made to do it in the course of a business, (i) to assign the right referred to in paragraph (a) of this subsection; (ii) to transmit the right referred to in paragraph (a) of this subsection to his or her heirs upon his or her death or, in the case of a body corporate, on its dissolution, to any person who acquires that part of the business in the course of which the act was done or preparations had been made to do it; (iii) to authorise the act to be done by any partners of his or her for the time being in that business; and the doing of that act by virtue of the provisions of this subsection shall not amount to an infringement of the patent concerned. |
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S. 62(2) Any person who, knowing the same to be false, (a) makes or causes to be made a false entry in the Register; (b) makes or causes to be made any document falsely purporting to be a copy of an entry in the Register; or (c) produces, tenders or causes to be produced or tendered as evidence any such entry or copy thereof, commits an offence |
Liable to a fine of not less than ten thousand dollars and not more than thirty thousand dollars, or to imprisonment for a term of not less than three years and not more than ten years, or both. [s.62(2)] |
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s. 62(3) Any person who, knowing the same to be false, makes a false statement or representation that (a) a patent or utility model certificate has been granted to him or her or to any other person in respect of any invention; or (b) he or she has been granted an exclusive or non-voluntary licence to use any patent or utility model certificate; which statement or representation induces another person to act thereon, commits an offence |
Liable to a fine of not less than five thousand dollars and not more than twenty thousand dollars, or imprisonment for a term of not less than two years and not more than five years, or both. [s.62(3)] |
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s. 62(4) Any person who falsely represents that anything disposed of by him or her for value is patented product or process |
Liable to a fine of not less than four thousand dollars and no more than ten thousand dollars [s. 62(4)] |
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s. 62(8) Any person who represents that a patent has been applied for in respect of any article disposed of for value by him or her, (a) and no such application has been made; or (b) the application has been refused or withdrawn; commits an offence |
Liable to a fine of not less than four thousand dollars and not more than ten thousand dollars. |
Topographies |
s. 25 (1) Any person who performs an act which is unlawful under section 6 commits an offence s. 6(2): Subject to subsection (3) and to section 17, the effect of the protection of a layout-design under this Act shall be to make the following acts unlawful if performed without the authorisation of the right holder: (a) the reproduction, whether by incorporation in an integrated circuit or otherwise, of the protected layout-design in its entirety or any part thereof, except the reproduction of any part that does not comply with the requirement of originality defined in section 4; (b) the importation, sale or other distribution, for commercial purposes, of the protected layout-design, an integrated circuit in which the protected layout-design is incorporated, or an article incorporating such an integrated circuit in so far as it continues to contain an unlawfully reproduced layout-design. |
Liable upon conviction to a fine of not less than fifteen thousand dollars, but not more than forty thousand dollars, or to imprisonment for a term of not less than five years, but not more than ten years, or to both such fine and such imprisonment. [s. 25(1)] |
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s. 25(2) Any person who, knowing the same to be false (a) makes or causes to be made a false entry in the Register. (b) makes or causes to be made any document falsely purporting to be a copy of an entry in the Register; or (c) produces, tenders or causes to be produced in evidence any such entry or copy thereof, commits an offence |
Liable, upon conviction to a fine of not less than ten thousand dollars, but not more than thirty thousand dollars, or to imprisonment for a term of not less than three years, but not more than ten years, or to both such fine and such imprisonment. [s. 25(2)] |
Geographical Indications |
s. 23(1) Any person who knowingly performs any act referred to in section 13 commits an offence s. 13 (1) Any interested person or group of persons may institute proceedings in the Court to prevent, in respect of any geographical indication, (a) the use of any means in the designation or presentation of any goods, which indicates or suggests that the goods in question originate in a geographical area other than the true place of origin in a manner which misleads the public as to the geographical origin of the goods; (b) any use which constitutes an act of unfair competition within the meaning of Article 10bis of the Paris Convention; (c) the use of a geographical indication identifying wines for wines not originating in the place indicated by the geographical indication in question, or identifying spirits for spirits not originating in the place indicated by the geographical indication in question, 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. |
Liable on conviction, to a fine not exceeding forty thousand dollars, or to imprisonment for a term not exceeding twelve years, or to both such fine and such imprisonment. [s. 23(1)] |