Union européenne

Saint-Kitts-et-Nevis

Généralités

1. Please describe if your legislation includes measures necessary to protect public health and nutrition, and to promote the public interest in sectors of vital importance to your socio-economic and technological development as mentioned under Article 8 of the TRIPS Agreement. If yes, please explain how such measures are consistent with the provisions of the TRIPS Agreement.

Section 34(1) of the Patents Act allows the Minister responsible for intellectual property matters to decide, even without the authorization of the patent owner, that a Government agency or designated third party may exploit a patented invention where such exploitation is necessary "in the public interest, in particular national security, nutrition, health or the development of other vital sectors of the national economy". Such compulsory licenses may also be granted where the Minister has determined that the patent owner's or licensee's manner of exploitation is anti-competitive and to issue such a license would remedy that practice