États-Unis d'Amérique
Moyens de faire respecter les DPI
Prescriptions spéciales concernant les mesures à la frontière
29. Please describe in detail the procedures under the laws of Antigua and Barbuda 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.
The provisions within the legislation governing intellectual property all provide for any type of relief that the Court has the right to grant and is available to the right holder upon application to the Court. This includes an order for the Customs authorities to suspend the release into free circulation the goods that are the subject of the infringement. Section 50 of the Copyright Bill gives the right holder the option to notify the Customs authorities that goods deemed to be prohibited under the Customs Control and Management Act are expected to arrive at a particular time or that they have arrived. The Customs authorities will then prevent the goods from entering the jurisdiction by seizure. It must be noted that the rights conferred by registration of an intellectual property such as a mark, a patent, or an industrial design, shall not extend to acts in respect of articles that have been put on the market in Antigua and Barbuda by the registered owner or with his consent.