Union européenne
Droit d'auteur et droits connexes
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 Section 154 of the present Act ceased operation of the UK Act and repealed Cap. 336.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.