États-Unis d'Amérique
Moyens de faire respecter les DPI
25. Please describe in detail the manner in which the laws of Antigua and Barbuda provide for effective action against infringement of intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
The system for enforcement of all rights including intellectual property is provided through a combination of statutes and the Common Law. The following is a checklist of all the measures either in place or will be in place to ensure the enforcement of rights. Civil and Administrative Procedures and Remedies In all the legislation on Intellectual Property, the High Court of Justice has jurisdiction over these matters. The persons who have the right to assert intellectual property rights are spelt out, for instance, in the Patent Act in section 34: "On the request of the owner of the title of protection, or of a licensee if he has requested the owner to institute court proceedings for a specific relief and the owner has refused or failed to do so, the court may grant an injunction to prevent infringement, an imminent infringement, or an unlawful act referred to in Sections 40(2) and 41, award damages and grant any other remedy provided for in the general law." This provision is found in the various Bills on intellectual property. In the Copyright Bill and the Integrated Circuit Topography Bill, additional remedies are spelt out and these include the payment of royalties, confiscation and destruction of illegal goods. An Attorney-at-law who is resident and practising in Antigua and Barbuda must represent the affected parties. The right holders have remedies in criminal as well, where infringement is deemed to be an offence in all the statutes and a fine and/or imprisonment is the penalty. For instance, in section 34(3) of the Patents Bill an infringer is liable on summary conviction to a fine of EC$100,000 and to imprisonment for a term of three years. Under the Copyright Bill, the right holder must notify the relevant authorities of an offence being committed under the Act. The Director of Public Prosecutions has conduct of these matters in the High Court. The Police will be given authority to act accordingly by a Magistrate after the Magistrate is satisfied by information given on oath that there is reasonable cause for to believe that an offence has been committed under the Act. This provided for in section 140 of the Bill. Appeals from this court and the High Court are made to the Court of Appeal and then to the Privy Council, being the final Court of justice.