Union européenne

Saint-Kitts-et-Nevis

Brevets (y compris la protection des variétés végétales)

34. Please explain whether or not your legislation provides for compulsory licensing. If so, please explain in detail the conditions under which a compulsory licence may be granted. In particular, please explain how your national legislation considers individual merits in the authorization of such use.

Under s. 34, the Minister may decide that even without the agreement of the patent owner, a Government agency or a third party designated by the Ministry may exploit the invention where: (a) the public interest, in particular, National Security, Nutrition, Health, or the development of other vital sectors of the national economy so requires; or (b) the Minister has determined that the manner of exploitation, by the owner of the patent or his or her licensee, is anti-competitive, and he or she is satisfied that the exploitation of the invention in accordance with this subsection would remedy such practice. The legislation does not expressly state that each authorization should be considered on its individual merits.