Under section 52 of the Copyright Act 1995, the penalty for letting for hire, or offering or exposing or sale or hire or exhibiting in public or distributing a work without the licence of the copyright owner is on summary conviction in the case of a first conviction, a fine not exceeding $2500 for each article to which the offence relates and on any subsequent conviction to the fine or to imprisonment for a term not exceeding 12 months.
A person who makes for sale or hire, imports into Saint Lucia for purposes other than for private and domestic use, distributes otherwise than in the course of a business, possesses in the course of business with a view to committing any article which he knows or has reason to believe is an infringing copy of that work commits an offence and is liable in the case of a first conviction to a fine not exceeding $1000 and in the case of a subsequent conviction, to a fine or to imprisonment for a term not exceeding 6 months.
The court has power to make an order for the impounding of copies of works or sound recordings suspected of being made or imported without the authorisation of the copyright owner, as well as the impounding of the packaging of, the implements that could be used for the making of, and the documents, accounts or business papers referring to such documents.
The court may also make an order for the forfeiture and seizure of all plates, moulds, matrices, masters, tapes, film, negatives, or other articles by means of which such copies of works or sound recordings may be reproduced, and all electronic, mechanical or other devices for manufacturing, reproducing, or assembling such copies of works or sound recordings.
The draft Trademarks Act makes provision for penalties with respect to infringement and generally provides penalties of a fine. The fines can be ascertained when the Act is passed. The draft contains fines ranging from ten thousand dollars to two hundred and fifty thousand dollars. Infringement under the Act is not actionable by criminal proceedings but civil. Where there is reference to criminal proceedings relates to falsifying of trademarks and false representations of trademarks.
The Draft Patents Act will make no provision for infringement of patents to be treated as criminal offences.
Section 22 of the Industrial Designs Act 2001 provides that it is an offence to perform an act stated in section 9 of the Act as an infringement. The penalty on summary conviction is a fine of $10,000 and to imprisonment for five years.
Section 15 of the Layout-designs (Topographies) of Integrated Circuits Act 2000 provides that it is an offence to knowingly perform an act which is unlawful under section 6 of the Act. The penalty is: on summary conviction a fine of $5000 or to imprisonment for two years. The Court may also order seizure, forfeiture and destruction of layout-designs, integrated circuits or articles concerned and of any materials or implements, the predominant use of which has been in the commission of the offence.
Section 16 of the Geographical Indications Act 2000 provides that any person who knowingly and with intent to deceive performs any of the acts in section 12 of the Act such as any use which constitutes an act of unfair competition, commits an offence. The penalties are on summary conviction, a fine of $10,000 and to imprisonment for two years.
The draft Plant Varieties Act will make provision for fines up to fifteen thousand dollars in relation to criminal offences in relation to non-compliance or misuse of variety denomination.