Review of TRIPS Implementing Legislation - Search

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Article 63.2 of the TRIPS Agreement requires Members to notify the laws and regulations made effective by that Member pertaining to the subject matter of the Agreement to the Council for TRIPS in order to assist the Council in its review of the operation of the Agreement.

This page allows you to search Members' questions and answers on notified laws and regulations. You can consult search results on screen, download and print them in Excel format. You can also download individual documents.

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Page 2 of 677   |   Number of documents : 13533

Document symbol Notifying Member Member raising question Question Answer Date of document distribution  
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts and Nevis European Union 17. Please describe how additional protection is granted by your legislation to wines and spirits. Please mention other types of products, if any, covered by this additional protection.
Section 13 of the Act enables an interested person to institute proceedings in respect of unlawful use of geographical indications. Unlawful use means use of a geographical indication on a good that does not originate in the geographical area indicated therein in a manner which misleads the public as to the true geographical origin of the goods. In addition to that protection, s. 13(1)(c) provides that it would still constitute unlawful use in respect of wines and spirits where the true origin of such goods is indicated or the geographical indication is used in translation or accompanied by expressions such as "kind", "type", "style", "imitation" or the like.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts and Nevis European Union 18. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in your jurisdiction. Please provide examples of the use of the exceptions by courts or lists of names considered as generic in your jurisdiction.
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.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts and Nevis European Union 19. Please explain whether or not your legislation extends to the protection of designs dictated essentially by technical or functional considerations. Please explain how textile designs are protected.
There is currently no legislation in SKN for industrial designs. Therefore no further response can be given to questions 19 to 22.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts and Nevis European Union 20. Please explain how your legislation protects right holders of a design against importing of articles bearing embodied or copied design.
There is currently no legislation in SKN for industrial designs. Therefore no further response can be given to questions 19 to 22.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts and Nevis European Union 21. Please state whether or not your legislation provides for the right to issue a compulsory licence for industrial designs.
There is currently no legislation in SKN for industrial designs. Therefore no further response can be given to questions 19 to 22.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts and Nevis European Union 22. Please indicate for what period of time your legislation grants protection for industrial designs.
There is currently no legislation in SKN for industrial designs. Therefore no further response can be given to questions 19 to 22.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts and Nevis European Union 23. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial application.
Novelty Section 9 of the Patents Act provides that an invention shall be considered new if the invention does not form part of prior art. Prior art in relation to an invention means anything which has, at any time prior to the filing date or, where priority is claimed, the priority date, of the application claiming the invention, been disclosed to the public anywhere in the world by oral or written description, by use, or in any other way. Inventiveness An invention shall be considered to involve an inventive step if, having regard to the prior art relevant to the application claiming the invention as defined in subsection (2) of section 8, it is not obvious to a person having ordinary skill in the art [s. 8(3)] Industrial Application An invention shall be considered to be capable of industrial application if it can be made or used in any kind of industry including agriculture, fishery, handicraft and services [s. 8(4)].
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts and Nevis European Union 24. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed without any exclusions. If exclusions are provided for, please describe in detail how these exclusions are applied in legal as well as practical terms.
The following, even if they are inventions within the meaning of this Act, shall be excluded from patentability, that is to say, anything which consists of (a) a discovery, scientific theory or mathematical method; (b) a scheme, rule or method for doing business, performing a mental act of playing a game; and (c) methods for the treatment of the human or animal body by surgery or therapy, as well as diagnostic methods practised on the human or animal body. [s. 10(1)]
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts and Nevis European Union 25. Please explain whether your legislation provides for the exclusion of inventions from patentability based on ordre public or morality. If so, please explain the relevant section of your legislation and explain its formulation. Please also explain if it has been applied in practice.
Section 10(3) provides that the patent for an invention that is contrary to public order or morality would not be granted. It is within the discretion of the Registrar, having consideration to other laws and rules on public order and decency, to determine whether the commercial exploitation of an invention would go against public order or morality. There have been no instances on record where a determination had to be made on whether a patent would contravene that provision.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts and Nevis European Union 26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from patentability in your legislation. If so, please explain the relevant section of your legislation and explain its formulation.
Under s. 10(1)(c), methods for the treatment of the human or animal body by surgery or therapy, as well as diagnostic methods practised on the human or animal body are excluded from patentability. This does not apply to products for use in any of the methods specified therein.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts and Nevis European Union 27. Please explain whether or not plants, animals and essentially biological processes are excluded from patentability in your legislation. If so, please explain the relevant section of your legislation and explain its formulation.
See answer to question 26 immediately above.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts and Nevis European Union 28. Please describe how micro-organisms, non-essentially biological processes, microbiological processes and plant varieties are protected in your legislation. Please explain, in this respect, the relevant sections of your legislation.
Section 10(3)(b) provides that a patent shall not be granted in respect of an invention if the commercial exploitation of the invention in Saint Kitts and Nevis would be prejudicial to human, animal or plant life or health. Section 10(3)(c) also excludes inventions that are prejudicial to the environment from patentability.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts and Nevis European Union 29. Please explain how your legislation protects patent right holders against the importing and against the offering for sale of a patented invention.
Section 32 confers the right on the patent holder to exclusively exploit a patented invention. Section 32(2) provides that the meaning of "exploiting" a patented invention expressly includes importing and offering for sale. Section 40 consequently gives the patent owner the right to institute Court proceedings to seek remedy against any person who infringes his or her rights.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts and Nevis European Union 30. Please state if your legislation provides for patent product protection of pharmaceutical and agricultural chemical products. In the affirmative, please indicate the legal reference.
Provided that the pharmaceutical and agricultural chemical products in question do not fall within any of the categories that are excluded from patentability, those products can be patent protected. The legislation does not contain an exhaustive list of products that can be patent protection.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts and Nevis European Union 31. Please clarify if the patent protection of a process, as provided for in your legislation, covers the product obtained directly by that process.
Section 8(2) provides that an invention may be or may relate to a process. Section 32(2)(b) provides that where a patent is granted in respect of a process, a person has exploited that patent where they make, import, offer for sale, use, sell or stock for sale or use the product obtained by means of that process.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts and Nevis European Union 32. Please explain the additional conditions, if any, in your legislation other than the sufficient disclosure of the invention in Article 29 of the TRIPS Agreement (e.g. submission of justification for access to genetic material or prior inform consent to its use). If such additional conditions exist, please point out the relevant legislations and describe the additional conditions in detail.
An application for a patent in Saint Kitts and Nevis must contain a request for the grant of a patent, a specification containing a description of the invention, a claim or claims and any drawings referred to in the description or any claim and an abstract containing the technical information [s. 16(2)]. Section 16(5) reproduces the condition in Art. 29 in that descriptions must disclose the invention in a manner which is sufficiently clear and complete to permit a person having ordinary skill in the art to carry out the invention, and shall, in particular, indicate at least one mode known to the applicant in which the invention can be carried out. Section 16(4) provides that where an applicant is not the inventor or a joint inventor, he or she must provide a written statement justifying his right to the patent.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts and Nevis European Union 33. Please describe if your legislation provides for limited exceptions to the exclusive rights conferred by a patent. If affirmative, please make a reference to relevant legislation.
It is open to interested persons to apply for a non-voluntary licence under s. 37 of the Act. Applications for these licenses are available to interested persons four years after the date of the grant or three years from the filing date, where the patent owner has not exploited or has not sufficiently exploited the patented invention. Additionally, under s. 34, the Minister may decide that even without the agreement of the patent owner, a Government agency or a third party designated by the Ministry may exploit the invention where: (a) the public interest, in particular, National Security, Nutrition, Health, or the development of other vital sectors of the national economy so requires; or (b) the Minister has determined that the manner of exploitation, by the owner of the patent or his or her licensee, is anti-competitive, and he or she is satisfied that the exploitation of the invention in accordance with this subsection would remedy such practice.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts and Nevis European Union 34. Please explain whether or not your legislation provides for compulsory licensing. If so, please explain in detail the conditions under which a compulsory licence may be granted. In particular, please explain how your national legislation considers individual merits in the authorization of such use.
Under s. 34, the Minister may decide that even without the agreement of the patent owner, a Government agency or a third party designated by the Ministry may exploit the invention where: (a) the public interest, in particular, National Security, Nutrition, Health, or the development of other vital sectors of the national economy so requires; or (b) the Minister has determined that the manner of exploitation, by the owner of the patent or his or her licensee, is anti-competitive, and he or she is satisfied that the exploitation of the invention in accordance with this subsection would remedy such practice. The legislation does not expressly state that each authorization should be considered on its individual merits.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts and Nevis European Union 35. Please explain how your legislation explicitly ensures that a proposed user has made efforts to obtain authorization from the right holder on reasonable commercial terms and conditions and that such efforts have not been successful within a reasonable period of time. In this context, how do you define "reasonable period of time". Please also explain how your legislation ensures that the use of a compulsory licence shall be authorised predominantly for the supply to the domestic market of the Member authorizing such use.
Section 34(4) provides a request for the Minister's authorisation to exploit a patented invention shall be accompanied by evidence that the owner of the patent has received, from the person seeking the authorisation, a request for a contractual licence, but that that person has been unable to obtain such a licence on reasonable commercial terms and conditions and within a reasonable time. What is reasonable is not defined in the legislation but will be determined by the Court based on the circumstances of each matter. Section 34(9) mandates that the exploitation of the patented invention by the Government agency or third person designated by the Minister shall be predominantly for the supply of the market in Saint Kitts and Nevis.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts and Nevis European Union 36. Please state if your legislation grants additional protection for innovations after the 20 years of patent protection has lapsed.
36. Please state if your legislation grants additional protection for innovations after the 20 years of patent protection has lapsed.
10/08/2017

Page 2 of 677   |   Number of documents : 13533

 
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