États-Unis d'Amérique
Moyens de faire respecter les DPI
27. Please describe in detail all of the civil remedies that are available to right holders under the laws of Antigua and Barbuda, citing to the relevant provisions of law or regulation.
In the various pieces of legislation governing intellectual property, the remedies available to the rights holders are spelt out in the infringement provisions. In the Trademarks Bill, the right holder has the following remedies under section 23(2): "(2) 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 section 6(2), award damages and grant any other remedy provided for in the general law." This provision is also included in the Patents Bill (section 34(2)), the Industrial Designs Bill (section 21(2)), and the Geographical Indications Bill (section 3(2)). In the Integrated Circuit Topography Bill under section 9: "In an action for infringement of the exclusive right in a registered topography, a court of competent jurisdiction may make such orders as the circumstances require, including orders providing for relief by way of injunction, the payment of royalties and the recovery of damages or profits, for punitive damages, and for the disposal of any infringing integrated circuit product or any article of which an infringing integrated circuit product forms a part." Section 10 of this Act deals with the case of innocent infringement, where although the remedies are the same, the Court has to take into consideration the special circumstances when making its decision. The Copyright Act gives the right holder the similar remedies as provided for in the other pieces of legislation as seen in sections 32, 33, 35, 43, 46, 48, 133, 137, where the additional remedies available such as the order for the destruction of the illicit products.