Examen de la legislación de aplicación del Acuerdo sobre los ADPIC - Búsqueda

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En el párrafo 2 del artículo 63 del Acuerdo sobre los ADPIC, se exige a los Miembros que notifiquen al Consejo de los ADPIC las leyes y los reglamentos hechos efectivos por el Miembro en cuestión y referentes a la materia del Acuerdo, con el fin de ayudar al Consejo en su examen de la aplicación del Acuerdo.

En esta página puede hacer búsquedas en las preguntas y respuestas de los Miembros sobre las leyes y los reglamentos notificados. Puede consultar los resultados de la búsqueda en la pantalla, descargarlos en formato Excel e imprimirlos. También puede descargar los distintos documentos.

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Signatura del documento Miembro que presenta la notificación Miembro que plantea la pregunta Pregunta Respuesta Fecha de distribución del documento  
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts y Nevis Unión Europea 7. Please state the terms of protection of each right described above and the work or subject matter to which it applies.
Section 12(1) provides that copyright in a broadcast or cable programme shall expire at the end of a period of fifty years from the end of the calendar year in which the broadcast was made or the programme was included in a cable programme service. Copyright in a repeat broadcast or a repeat cable programme shall expire at the same time as copyright in the original broadcast or cable programme, and accordingly, no copyright shall arise in respect of a repeat broadcast or a repeat cable programme which is broadcast or, as the case may be, included in a cable programme service after the expiry of the copyright in the original broadcast or cable programme. A repeat broadcast or a repeat programme means one which is a repeat of a broadcast previously made, or as the case may be, of a cable programme previously included in a cable programme service. Section 11(1) provides that copyright in a sound recording or film expires at the end of a period of 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 is so made available. (2) For the purposes of subsection (1) of this section, a sound recording or film is made available to the public when (a) it is first published, broadcast or included in a cable programme service; (b) in the case of a film or film soundtrack, the film is first shown in public. (3) In determining whether a sound recording or film has been made available to the public, for the purposes of subsection (2) of this section, any unauthorised act shall be disregarded. Moral rights are also conferred on performers, producers of phonograms and broadcast organisations and these subsist so long as copyright exists.
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IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts y Nevis Unión Europea 8. Please state how your legislation grants the retroactive protection provided pursuant to Article 18 of the Berne Convention (the obligation of which derives from Article 9 of the TRIPS Agreement) and Article 14.6 of the TRIPS Agreement.
Prior to its independence from the United Kingdom in 1983, copyright in Saint Kitts and Nevis was governed by the 1956 UK Copyright Act and the 1919 Copyright Act, Cap 336 which remained in effect until the present Copyright Act came into force in 2002. Section 154 of the present Act ceased operation of the UK Act and repealed Cap. 336. Subsection 2 provides that: Where, immediately prior to the appointed day, copyright subsists in Saint Christopher and Nevis in any literacy, dramatic, musical or artistic work by virtue of the Copyright Act, Cap. 336 referred to in subsection (1) of this section, that copyright shall continue to subsist, and the person entitled to the copyright by virtue of that Act shall be the owner of the copyright, under and subject to this Act, and, in particular. (a) the duration of the copyright; (b) the acts comprised within the exclusive rights attaching to the copyright; and (c) the effect upon the ownership of the copyright of any event or transaction occurring or of any contract or agreement made on or after the appointed day; shall be governed by this Act.
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IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts y Nevis Unión Europea 9. Please give the definition of a sign under your national legislation and explain under what conditions it is protectable.
A "sign" is not specifically defined in the Marks, Collective Marks and Trade Names Act but s. 2 defines a "mark" as "any visible sign capable of distinguishing the goods ("trademark") or services ("service mark") of an enterprise" and a collective mark as a visible sign designated as such in the application for registration and capable of distinguishing the origin or other common characteristic, such as the quality, of goods or services of different enterprises which use the sign under the control of the registered owner of that sign. By law, a mark must satisfy the following characteristics: (a) be capable of distinguishing the goods or services of one enterprise from those of other enterprises; (b) not be contrary to public order or morality; (c) not be likely to mislead the public or trade circles, in particular, as regards the geographical origin of goods or services concerned or their nature or characteristics; (d) not be identical to, or an imitation of, or contain as an element, an armorial bearing, flag or other emblem, a name or abbreviation or initials of the name of or official sign or hallmark adopted by, any State, inter-governmental Organisation or Organisation created by an international convention, unless authorised by the competent authority of that State or Organisation; (e) not be identical to, nor confusingly similar to, nor constitute a translation of, a mark or trade name which is well known in Saint Christopher and Nevis for identical or similar goods or services of another enterprise, or if it is well-known and registered in Saint Christopher for goods or services which are not identical, or similar to those in respect of which registration is applied for, provided, in the latter case, that (i) use of the mark in relation to those goods or services would indicate a connection between those goods or services and the owner of the well-known mark; and (ii) the interests of the owner of the well-known mark are likely to be prejudiced by such use; or (f) not be identical to a mark belonging to a different owner and already on the Register, nor identical to a mark that has been filed earlier or given a priority date, in respect of the same goods or services or closely related goods or services, provided that the mark does not closely resemble such a mark so as to likely deceive or cause confusion.
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IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts y Nevis Unión Europea 10. Please confirm whether or not services are a protectable subject matter in your trademark law. Please confirm if signs, such as trade names, are protectable. Please describe if elements such as sound, perfumes and containers are protectable.
Services are a protectable subject matter in our trademark law. Applications can be made in respect of goods and services only. Sounds, smells and containers are not protectable.
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IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts y Nevis Unión Europea 11. Please explain what the requirements of use are, if any, as a condition for a trademark registration. Please explain the definition of use and the conditions of maintenance of a registration in that respect.
There are no requirements of use as a condition for a trademark to be registered. However, section 12 allows an interested person to apply to the Court to have a trademark removed from the Register if a registered trademark has not been used for three years or more. Moreover, s. 15 states that a collective mark can be invalidated if it can be proven that not only the registered owner uses the mark.
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IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts y Nevis Unión Europea 12. Please confirm whether or not your legislation permits that the registration of trademarks be indefinitely renewable.
Section 10 provides that registration of a mark expires ten years from the initial filing but that on the payment of a renewal fee, it can be renewed for consecutive periods of ten years. This implies that trademarks may be indefinitely renewable.
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IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts y Nevis Unión Europea 13. Please describe the special requirements, if any, prescribed by your legislation concerning the use of a trademark.
Other than the provisions highlighted in question #11 above, there are no further requirements concerning the use of trademarks prescribed in the legislation.
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IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts y Nevis Unión Europea 14. Please explain whether or not your trademark registration authority refuses a trademark application if it contains a geographical indication.
Section 4(c) of the Marks, Collective Marks and Trade Names Act provides that a trademark would not be registrable if it is likely to mislead the public or trade circles, in particular, as regards the geographical origin of goods or services concerned or their nature or characteristics.
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IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts y Nevis Unión Europea 15. Please give the definition of a geographical indication in your legislation.
Section 2 of the Geographical Indications Act provides that "geographical indication" means an indication which identifies any goods as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.
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IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts y Nevis Unión Europea 16. Please describe and explain the provisions of your legislation establishing a link, if any, between the characteristics of an indication and its geographical origin.
The link between the characteristics of an indication and its geographical origin are established in the definition of a geographical indication in s. 2 of the Act.
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IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts y Nevis Unión Europea 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.
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IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts y Nevis Unión Europea 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.
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IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts y Nevis Unión Europea 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.
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IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts y Nevis Unión Europea 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.
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IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts y Nevis Unión Europea 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.
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IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts y Nevis Unión Europea 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.
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IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts y Nevis Unión Europea 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)].
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IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts y Nevis Unión Europea 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)]
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IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts y Nevis Unión Europea 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.
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IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts y Nevis Unión Europea 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.
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