| IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 |
Saint Kitts y Nevis |
Estados Unidos de América |
16. What term of protection does the patent law of Saint Kitts and Nevis provide for patents? Please describe any provisions for extension of the term of protection and cite to the relevant provisions of the law.
|
A patent expires twenty years after the filing date of the application [s. 27(1)].
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10/08/2017 |
|
| IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 |
Saint Kitts y Nevis |
Estados Unidos de América |
17. Please describe in detail the protection for layout-designs of integrated circuits provided under the laws of Saint Kitts and Nevis, including the term of protection, and cite to the relevant provisions of law.
|
Under s. 6 of the Protection of Layout Designs (topographies) of Integrated Circuits Act makes it unlawful to perform certain acts without the authorisation of the right holder. This includes:
(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.
Where an infringement has occurred it is open to the right holder to apply to the Court for relief including an injunction, damages, an order for the seizure, forfeiture or destruction of the infringing goods or any other remedy provided for in law.
Section 7 provides that the term of protection is for ten years after the date of commencement. Protection commences:
(a) on the date of the first commercial exploitation, anywhere in the world, of the layout-design by, or with the consent of, the right holder, provided that an application for protection is filed by the right holder with the Registrar within the time limit referred to in section 8(3); or
(b) on the filing date accorded the application for the registration of the layout-design filed by the right holder if the layout-design has not been previously exploited commercially anywhere in the world.
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10/08/2017 |
|
| IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 |
Saint Kitts y Nevis |
Estados Unidos de América |
18. Please describe in detail how the laws of Saint Kitts and Nevis provide for the protection of undisclosed information as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevant provisions of law.
|
There is currently no legislation dealing with undisclosed information therefore no further response can be given to questions 17 to 19.
|
10/08/2017 |
|
| IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 |
Saint Kitts y Nevis |
Estados Unidos de América |
19. Please describe in detail the manner in which protection is provided test data regarding pharmaceutical and agricultural chemical products submitted to the government in order to obtain marketing approval in Saint Kitts and Nevis and cite to the relevant provisions of law.
|
There is currently no legislation dealing with undisclosed information therefore no further response can be given to questions 17 to 19.
|
10/08/2017 |
|
| IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 |
Saint Kitts y Nevis |
Estados Unidos de América |
20. Are other applicants for marketing approval for their own versions of previously approved pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier applicant? If so, how long a period of exclusivity is given the earlier applicant before such reliance becomes possible.
|
There is currently no legislation dealing with undisclosed information therefore no further response can be given to questions 17 to 19.
|
10/08/2017 |
|
| IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 |
Saint Kitts y Nevis |
Estados Unidos de América |
21. Please describe in detail the manner in which the laws of Saint Kitts and Nevis provide for effective action against infringement of intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
| IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 |
Saint Kitts y Nevis |
Estados Unidos de América |
22. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of evidence necessary to substantiate a party's claims where that party has been unable to obtain such evidence from the opposing party. Please describe how the laws or regulations of Saint Kitts and Nevis provide this authorization, citing to the relevant provisions of law or regulation.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
| IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 |
Saint Kitts y Nevis |
Estados Unidos de América |
23. Please describe in detail all of the civil remedies that are available to right holders under the laws of Saint Kitts and Nevis, citing to the relevant provisions of law or regulation.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
| IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 |
Saint Kitts y Nevis |
Estados Unidos de América |
24. Please describe in detail the provisional procedures and remedies available to right holders under the laws of Saint Kitts and Nevis, citing to the relevant provisions of law and regulation, and indicate any condition under which a right holder may avail itself of those procedures and remedies.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
| IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 |
Saint Kitts y Nevis |
Estados Unidos de América |
25. Please describe in detail the procedures under the laws of Saint Kitts and Nevis that provide for border enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent authority and citing to the relevant provisions of law or regulation.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
| IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 |
Saint Kitts y Nevis |
Estados Unidos de América |
26. Please indicate if border enforcement is available to owners of other forms of intellectual property and, if so, please describe the procedures and remedies available in relation to each form of intellectual property, citing the relevant provisions of law.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
| IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 |
Saint Kitts y Nevis |
Estados Unidos de América |
27. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent authorities can act ex officio. Please explain whether the competent authorities in Saint Kitts and Nevis are empowered to act ex officio and, if so, please identify the intellectual property areas subject to ex officio action.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
| IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 |
Saint Kitts y Nevis |
Estados Unidos de América |
28. Please describe in detail how the laws of Saint Kitts and Nevis implement Article 61 of the TRIPS Agreement that requires Members to have criminal procedures and penalties, including imprisonment and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting and copyright infringement on a commercial scale. Please cite to the relevant provisions of law and regulation.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
| IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 |
Saint Kitts y Nevis |
Estados Unidos de América |
29. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and destruction of infringing goods and any materials and implements the predominant use of which has been the commission of the offence. Please describe the provisions in the laws of Saint Kitts and Nevis that provide for such remedies, and describe the circumstances in which those remedies would be imposed, citing to the relevant provisions of law or regulation.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
| IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 |
Saint Kitts y Nevis |
Estados Unidos de América |
30. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases of wilful infringement of other forms of intellectual property. Please describe any provisions of the laws of Saint Kitts and Nevis that provide for such procedures and remedies, citing to the relevant provisions of law or regulation.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
| IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 |
Saint Kitts y Nevis |
Estados Unidos de América |
31. Please provide statistical information related to civil copyright, trademark, geographical indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for 2000, including the number of cases filed; injunctions issued; infringing products seized; infringing equipment seized; cases resolved (including settlement); and the amount of damages awarded.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
| IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 |
Saint Kitts y Nevis |
Estados Unidos de América |
32. Please provide statistical information related to criminal enforcement in the area of copyright piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was actually served or was suspended) and any other information establishing that the criminal system operates effectively to deter copyright piracy and trademark counterfeiting.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
| IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 |
Saint Kitts y Nevis |
Estados Unidos de América |
21. Please describe in detail the manner in which the laws of Saint Kitts and Nevis provide for effective action against infringement of intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
| IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 |
Saint Kitts y Nevis |
Estados Unidos de América |
22. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of evidence necessary to substantiate a party's claims where that party has been unable to obtain such evidence from the opposing party. Please describe how the laws or regulations of Saint Kitts and Nevis provide this authorization, citing to the relevant provisions of law or regulation.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
| IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 |
Saint Kitts y Nevis |
Estados Unidos de América |
23. Please describe in detail all of the civil remedies that are available to right holders under the laws of Saint Kitts and Nevis, citing to the relevant provisions of law or regulation.
|
Please refer to the responses to the Checklist on Issues of Enforcement.
|
10/08/2017 |
|
