The provisions of the Act have never been tested so there are no examples of exceptions by courts and a list of names considered as generic in this jurisdiction has never been attempted.
In accordance with TRIPS Art. 24(3), s. 16(1) provides that nothing in the Act shall prevent the continued and similar use, in Saint Christopher and Nevis, of a particular geographical indication of another country identifying wines or spirits in connection with goods or services by any nationals or domiciliaries of Saint Christopher and Nevis who have used that geographical indication continuously with regard to the same or related goods or services in the Federation of Saint Christopher and Nevis
(a) for at least ten years preceding the 15th of April, 1994: or
(b) in good faith preceding that date.
In accordance with TRIPS Art. 24(5), s. 16(2) provides that where a trademark has been applied for or registered in good faith, or where rights to a trademark have been acquired through use in good faith
(a) before the date of entry into force of this Act; or
(b) before the geographical indication is protected in its country of origin,
this Act shall not prejudice the registrability of, or the validity of, the registration of a trademark, or the right to use a trademark, on the basis that such a trademark is identical to, or similar to, a geographical indication.
In accordance with TRIPS Art. 24(6), s. 16(3) provides that nothing in this Act shall apply in respect of a geographical indication of any country with respect to goods or services for which the relevant indication is identical to the term customary in common language as the common name for such goods or services in Saint Christopher and Nevis, or in respect of a geographical indication of any other country with respect to products of the vine for which the relevant indication is identical to the customary name of a grape variety existing in Saint Christopher and Nevis as of the 1st of January, 1995.
In accordance with TRIPS Art. 24(7), s. 16(4) provides that any application for relief made under Part III of this Act in connection with the use or registration of a trademark shall be made
(a) within five years after the unlawful use of the protected indication has become generally known in Saint Christopher and Nevis; or
(b) after the date of the registration and publication of the trademark in Saint Christopher and Nevis, provided that
(i) the date of registration in paragraph (b) is earlier than the date on which the unlawful use became generally known in Saint Christopher and Nevis; and
(ii) the geographical indication is not used or registered in bad faith.
In accordance with TRIPS Art. 24(8), s. 16(5) provides that the Act shall in no way prejudice the right of any person to use, in the course of trade, that person's name or the name of that person's predecessor in business, except where such name is used in such a manner as to mislead the public.
