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 5 of 677   |   Number of documents : 13533

Document symbol Notifying Member Member raising question Question Answer Date of document distribution  
IP/Q/SYC/1, IP/Q2/SYC/1, IP/Q3/SYC/1, IP/Q4/SYC/1 Seychelles Switzerland 9. Do the judicial authorities of Seychelles have the authority to adopt, on the request of a right holder, a provisional measure inaudita altera parte before an action leading to a decision on the merits of the case has been lodged? Please cite the relevant provisions of the legislation.
The Court have the authority to adopt provisional measures inaudita altera parte where appropriate. Please see section 111(2) of the Industrial Property Act 2014.
10/08/2017
IP/Q/SYC/1, IP/Q2/SYC/1, IP/Q3/SYC/1, IP/Q4/SYC/1 Seychelles Switzerland 10. Does the legislation of Seychelles provide for any restrictions for obtaining provisional measures? If so, what are these restrictions? Please cite the relevant provisions of the legislation.
Section 111(3) of the Industrial Property Act 2014. The Court may require the applicant to provide any reasonably available evidence in order to satisfy it with a sufficient degree of certainty that the applicant is the rights holder and that the applicant's right is being infringed or that such infringement is imminent, and the Court may order the applicant to provide a security or equivalent assurance sufficient to protect the defendant and to prevent abuse.
10/08/2017
IP/Q/SYC/1, IP/Q2/SYC/1, IP/Q3/SYC/1, IP/Q4/SYC/1 Seychelles Switzerland 11. Please describe the provisional measures provided for in the legislation of Seychelles, including those for combatting counterfeiting and piracy. Please describe the procedures that must be followed and cite the relevant provisions of legislation.
The provisional measures and relevant procedures are prescribed on sections 108, subsections from (1) to (8) of section 111 of the Industrial Property Act 2014.
10/08/2017
IP/Q/SYC/1, IP/Q2/SYC/1, IP/Q3/SYC/1, IP/Q4/SYC/1 Seychelles Switzerland 12. Please describe the measures provided by the legislation of Seychelles to combat counterfeiting and piracy at the border. Please explain whether the competent authorities are empowered to act ex officio and, if so, please indicate the enforcement actions that may be taken. Please cite the relevant provisions of the legislation.
Sections 118(1), 118(2), 118(3), 118(4), 119, 120 of the Industrial Property Act 2014 can be used to combat counterfeiting and piracy. In addition, the Customs Management Act 2011 and through the enactment of subsequent Regulations (S.I 42 OF 2014 s.77 - 82) empowers Customs officials to handle goods deemed to be "counterfeit", "pirated", "infringing" etc. at the border. Section 115(3) of the Industrial Property Act 2014 has provision where public authorities or officers shall be exempted from liability where actions were taken or intended in good faith.
10/08/2017
IP/Q/SYC/1, IP/Q2/SYC/1, IP/Q3/SYC/1, IP/Q4/SYC/1 Seychelles Switzerland 13. Please describe how the legislation of Seychelles meets the requirements of Article 41 TRIPS Agreement. Please cite the relevant provisions.
The Industrial Property Act 2014 and the Copyrights Act 2014 meet the requirements of Article 41 of the TRIPS Agreement. Please see part VIII – Enforcement of Industrial Property Rights (sections 107 – 120 and section 124) of the Industrial Property Act 2014 and Part V of the Copyrights Act 2014 (sections 29- 34).
10/08/2017
IP/Q/SYC/1, IP/Q2/SYC/1, IP/Q3/SYC/1, IP/Q4/SYC/1 Seychelles Switzerland 14. Please indicate the authorities responsible for the application of the measures provided by the legislation of Seychelles to combat counterfeiting and piracy. Please explain whether the competent authorities are empowered to act ex officio and, if so, please indicate the enforcement actions that may be taken. Please cite the relevant provisions of the legislation.
The Court has all powers including seizure, destroy infringing goods, or be deposited of outside the channels of commerce. Police officers and any authorised officers have the power to 'enter, search and seize'. Please see sections 111, 112, 113, 118, 119, 120 of the Industrial Property Act 2014. Section 115(3) of the Industrial Property Act 2014 has provision where public authorities or officers shall be exempted from liability where actions were taken or intended in good faith. The Copyright Act 2014 makes provision for infringing goods to be seized and destroyed by police officers (section 29) In addition, the Customs Management Act 2011 and through the enactment of subsequent Regulations (S.I 42 OF 2014 s.77 - 82) empowers Customs officials to handle goods deemed to be "counterfeit", "pirated", "infringing" etc.
10/08/2017
IP/Q/SYC/1, IP/Q2/SYC/1, IP/Q3/SYC/1, IP/Q4/SYC/1 Seychelles Switzerland 15. Please describe any new initiatives that are planned to improve the enforcement of intellectual property rights in your country. Is there a particular action plan in place?
The Government had requested technical assistance from the Commonwealth in the form of a long term consultant to provide on the job training to the staff of the Registrar division. He took office in early 2016 and since then, has provided training to the staff in order to be able to better implement the Industrial Property Act 2014. The Government is currently planning on continuing its initiative from last year of organising workshops for relevant institutions in order to increase their understanding of the TRIPS Agreement and IP in general. Workshops for the private sector will also be organised to ensure that they are aware of their rights and obligations. The Government is also in the process of reviewing the Copyright Act 2014 and the Industrial Property Act 2014 and their respective legislations with the aim of identifying any implementation issues.
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 1. Please describe, in relation to each form of intellectual property covered by the TRIPS Agreement, including plant variety protection, the manner in which nation treatment and most favoured nation treatment are provided to nationals of other WTO Members.
Work is being done to draft or pass legislation for plant variety protection and undisclosed information in Saint Kitts and Nevis. For patents, the law expressly provides that an applicant may apply for a declaration claiming priority of one or more earlier national, regional or international applications filed in a country or State that is party to the Paris Convention or any member of the WTO (s.20). A similar provision exists in the trademark legislation (s. 20).
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 2. Please explain how the copyright law of Saint Kitts and Nevis protects computer programs as literary works and complications of data as required by Article 10 of the TRIPS Agreement.
The definition of literary works in s. 2(1) expressly includes computer programmes. Section 6(2) provides that compilations of data are also eligible for protection as a literary work
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 3. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and cinematographic works be available. Please cite to the corresponding provision of the copyright law of Saint Kitts and Nevis.
Section 3(2) of the Act provides that references to the issue of copies of a work in relation to sound recordings, films and computer programs, includes the act of issuing copies to the public by rental. The exclusive right to issue copies of work to the public is provided for in s. 9(1)(b). Section 78 also provides that the Minister may pass an Order to have compulsory licenses issued in specified circumstances to allow the public to rent sound recordings, films or computer programs.
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 4. Please describe the protection the copyright law of Saint Kitts and Nevis provides for performers, and the term of the protection.
Section 108(1)(a) provides that a performer shall have the exclusive right to prevent any person from exploiting his or her performance. Such rights are infringed where a person, without the performer's consent, broadcasts live, includes in a cable programme or makes (otherwise than for his or her private domestic use) a record of the whole or any substantial part of a performance (s.109). Term of protection for performances is 50 years after the end of the calendar year of the performance (s. 10).
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 5. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms. Article 14.2 requires that producers of phonograms are to have the right to authorize or prohibit the commercial rental to the public of originals or copies of their phonograms. Please describe how the copyright law of Saint Kitts and Nevis implements these obligations and indicate the term of protection.
Section 6 of the Act confers copyright on original sound recordings. The producer of that sound recording has the exclusive right, under s. 9, to do or authorize other persons to, inter alia copy and issue copies of the work to the public. Section 3(3) further elaborates that references to "issuing copies" in relation to sound recordings, films and computer programs means the act of issuing copies to the public by rental. The term protection, according to s. 11, is fifty years from the end of the calendar year in which it was made or where it is made available to the public before the end of that period, fifty years from the end of the calendar year in which it was so made available.
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 6. Please describe the subject matter that can comprise a trademark under the trademark law of Saint Kitts and Nevis.
Under the Marks, Collective Marks and Trade Names Act, any visible sign capable of distinguishing goods and services can be registered as a trademark or service mark, respectively.
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 7. Please describe the procedure that must be followed to register a trademark in Saint Kitts and Nevis, citing the relevant provisions of the law, and describe the rights that the owner of a registered mark can exercise.
Section 5 provides that an application for the registration of a mark shall be filed with the Registrar on the prescribed form and shall contain the following: (a) a request that the mark be registered; (b) a reproduction of the mark; and (c) a list of the goods or services for which registration of the mark is requested, listed under the applicable class or classes of the International Classification. The application shall be accompanied by the prescribed application fee. The application may contain a declaration claiming the priority, as provided for in the Paris Convention, of an earlier national or regional application filed by the applicant or his or her predecessor in title in or for any State party to the Convention or any member of the World Trade Organisation, in which case the Registrar may require that the applicant furnishes, within the prescribed time limit, a copy of the earlier application, certified as correct by the Office with which it was filed. The effect of the declaration shall be as provided in the Paris Convention. Where the requirements of subsection (3) of this section and any regulations pertaining to that subsection have not been satisfied, the declaration shall be considered not to have been made. The applicant may withdraw the application at any time before the mark is registered.
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 8. Please describe in detail how well-known trademarks are protected in Saint Kitts and Nevis, including what factors are considered in determining whether a trademark is well-known.
Under s. 4(e) of the Act, a well-known trademark is protected to the extent that a prospective trademark would not be registered if it is identical to, confusingly similar or constitutes a translation of a well-known trade mark in Saint Kitts and Nevis for identical or similar goods or services of another enterprise. If the well-known mark is registered in Saint Kitts and Nevis, the prospective trademark would not be registered even if the goods and services are not identical or similar provided that 1. the use of the prospective mark in relation to those goods and services would indicate a connection between the goods or services and the owner of the well-known trademarks;and 2. the interests of the owner of the well-known mark are likely to be prejudiced by such use.
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 9. Please describe in detail how the laws of Saint Kitts and Nevis provide for the recognition and protection of geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant provisions of law or regulation, and provide examples of geographical indications so protected.
Through s. 13 of the Geographical Indications Act, an interested person may institute proceedings in the High Court to prevent the unlawful use of a geographical indication and any use which constitutes an act of unfair competition within the meaning of Article 10bis of the Paris Convention. There are no registered geographical indications 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 United States of America 10. Please describe in detail the manner in which the higher level of protection required for wines and spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions of law or regulation, and provide examples of geographical indications for such products.
In accordance with TRIPS Art. 23.2, s. 13 also enables an interested person to initiate court proceedings where a geographical indication is used on a wine or spirit that does not originate in the place indicated by the GI. This protection extends 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. There are no registered geographical indications 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 United States of America 11. Please describe the procedure that must be followed to obtain protection for textile designs and cite to the relevant provisions of law or regulation.
There is no legislation on industrial designs in Saint Kitts and Nevis but depending on the nature of the design, it may qualify for copyright protection as an artistic work.
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 12. Please describe the procedure that must be followed to obtain protection for textile designs and cite to the relevant provisions of law or regulation.
Provided that the textile design qualifies as a new invention that involves an inventive step and that design invention is capable of industrial application, the inventor can apply for a patent through conventional application procedure i.e. by an application to the Registrar.
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 13. Please describe in detail the way in which the patent law of Saint Kitts and Nevis implements Article 27 of the TRIPS Agreement, indicating any exceptions to patentability provided for, and including details regarding the protection for micro-organisms and non-biological and microbiological processes and plant varieties. Please cite to the relevant provisions of law.
Section 8 of the Patents Act provides that a patent can be granted for an invention that is new, involves an inventive step and is capable of industrial application. The invention may be or relate to a product or process. However, s. 10 provides that even if there are inventions that fall within those boundaries, they would be excluded from patentability if the commercial exploitation of such inventions are contrary to public order or morality, prejudicial to human, animal or plant life or health or prejudicial to the environment. Additionally, inventions that consist of the following cannot be patented, that is: (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 (this does not apply to products for use in any of the methods specified above).
10/08/2017

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