Examen de la législation d'application de l'Accord sur les ADPIC ‒ Recherche

Réinitialiser
 
 

Aux termes de l'article 63:2 de l'Accord sur les ADPIC, les Membres doivent notifier les lois et réglementations qu'ils auront rendues exécutoires, et qui visent les questions faisant l'objet de l'Accord, au Conseil des ADPIC pour l'aider dans son examen du fonctionnement de l'Accord.

Cette page vous permet d'effectuer une recherche dans les questions et réponses des Membres au sujet des lois et réglementations notifiées. Vous pouvez consulter les résultats de la recherche à l'écran ou les télécharger afin de les imprimer au format Excel. Vous pouvez également télécharger des documents spécifiques.

* Vous n'êtes PAS obligé(e) de sélectionner tous les champs de recherche ci-dessous (uniquement les champs qui sont pertinents pour votre recherche).
* Veuillez noter que les critères de recherche sélectionnés sont cumulatifs et figureront tous dans les résultats de votre recherche.


Page 5 de 677   |   Nombre de documents : 13533

Cote du document Membre notifiant Membre soulevant la question Question Réponse Date de distribution du document  
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint-Kitts-et-Nevis Union européenne 21. Please state whether or not your legislation provides for the right to issue a compulsory licence for industrial designs.
There is currently no legislation in SKN for industrial designs. Therefore no further response can be given to questions 19 to 22.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint-Kitts-et-Nevis Union européenne 22. Please indicate for what period of time your legislation grants protection for industrial designs.
There is currently no legislation in SKN for industrial designs. Therefore no further response can be given to questions 19 to 22.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint-Kitts-et-Nevis Union européenne 23. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial application.
Novelty Section 9 of the Patents Act provides that an invention shall be considered new if the invention does not form part of prior art. Prior art in relation to an invention means anything which has, at any time prior to the filing date or, where priority is claimed, the priority date, of the application claiming the invention, been disclosed to the public anywhere in the world by oral or written description, by use, or in any other way. Inventiveness An invention shall be considered to involve an inventive step if, having regard to the prior art relevant to the application claiming the invention as defined in subsection (2) of section 8, it is not obvious to a person having ordinary skill in the art [s. 8(3)] Industrial Application An invention shall be considered to be capable of industrial application if it can be made or used in any kind of industry including agriculture, fishery, handicraft and services [s. 8(4)].
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint-Kitts-et-Nevis Union européenne 24. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed without any exclusions. If exclusions are provided for, please describe in detail how these exclusions are applied in legal as well as practical terms.
The following, even if they are inventions within the meaning of this Act, shall be excluded from patentability, that is to say, anything which consists of (a) a discovery, scientific theory or mathematical method; (b) a scheme, rule or method for doing business, performing a mental act of playing a game; and (c) methods for the treatment of the human or animal body by surgery or therapy, as well as diagnostic methods practised on the human or animal body. [s. 10(1)]
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint-Kitts-et-Nevis Union européenne 25. Please explain whether your legislation provides for the exclusion of inventions from patentability based on ordre public or morality. If so, please explain the relevant section of your legislation and explain its formulation. Please also explain if it has been applied in practice.
Section 10(3) provides that the patent for an invention that is contrary to public order or morality would not be granted. It is within the discretion of the Registrar, having consideration to other laws and rules on public order and decency, to determine whether the commercial exploitation of an invention would go against public order or morality. There have been no instances on record where a determination had to be made on whether a patent would contravene that provision.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint-Kitts-et-Nevis Union européenne 26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from patentability in your legislation. If so, please explain the relevant section of your legislation and explain its formulation.
Under s. 10(1)(c), methods for the treatment of the human or animal body by surgery or therapy, as well as diagnostic methods practised on the human or animal body are excluded from patentability. This does not apply to products for use in any of the methods specified therein.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint-Kitts-et-Nevis Union européenne 27. Please explain whether or not plants, animals and essentially biological processes are excluded from patentability in your legislation. If so, please explain the relevant section of your legislation and explain its formulation.
See answer to question 26 immediately above.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint-Kitts-et-Nevis Union européenne 28. Please describe how micro-organisms, non-essentially biological processes, microbiological processes and plant varieties are protected in your legislation. Please explain, in this respect, the relevant sections of your legislation.
Section 10(3)(b) provides that a patent shall not be granted in respect of an invention if the commercial exploitation of the invention in Saint Kitts and Nevis would be prejudicial to human, animal or plant life or health. Section 10(3)(c) also excludes inventions that are prejudicial to the environment from patentability.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint-Kitts-et-Nevis Union européenne 29. Please explain how your legislation protects patent right holders against the importing and against the offering for sale of a patented invention.
Section 32 confers the right on the patent holder to exclusively exploit a patented invention. Section 32(2) provides that the meaning of "exploiting" a patented invention expressly includes importing and offering for sale. Section 40 consequently gives the patent owner the right to institute Court proceedings to seek remedy against any person who infringes his or her rights.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint-Kitts-et-Nevis Union européenne 30. Please state if your legislation provides for patent product protection of pharmaceutical and agricultural chemical products. In the affirmative, please indicate the legal reference.
Provided that the pharmaceutical and agricultural chemical products in question do not fall within any of the categories that are excluded from patentability, those products can be patent protected. The legislation does not contain an exhaustive list of products that can be patent protection.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint-Kitts-et-Nevis Union européenne 31. Please clarify if the patent protection of a process, as provided for in your legislation, covers the product obtained directly by that process.
Section 8(2) provides that an invention may be or may relate to a process. Section 32(2)(b) provides that where a patent is granted in respect of a process, a person has exploited that patent where they make, import, offer for sale, use, sell or stock for sale or use the product obtained by means of that process.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint-Kitts-et-Nevis Union européenne 32. Please explain the additional conditions, if any, in your legislation other than the sufficient disclosure of the invention in Article 29 of the TRIPS Agreement (e.g. submission of justification for access to genetic material or prior inform consent to its use). If such additional conditions exist, please point out the relevant legislations and describe the additional conditions in detail.
An application for a patent in Saint Kitts and Nevis must contain a request for the grant of a patent, a specification containing a description of the invention, a claim or claims and any drawings referred to in the description or any claim and an abstract containing the technical information [s. 16(2)]. Section 16(5) reproduces the condition in Art. 29 in that descriptions must disclose the invention in a manner which is sufficiently clear and complete to permit a person having ordinary skill in the art to carry out the invention, and shall, in particular, indicate at least one mode known to the applicant in which the invention can be carried out. Section 16(4) provides that where an applicant is not the inventor or a joint inventor, he or she must provide a written statement justifying his right to the patent.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint-Kitts-et-Nevis Union européenne 33. Please describe if your legislation provides for limited exceptions to the exclusive rights conferred by a patent. If affirmative, please make a reference to relevant legislation.
It is open to interested persons to apply for a non-voluntary licence under s. 37 of the Act. Applications for these licenses are available to interested persons four years after the date of the grant or three years from the filing date, where the patent owner has not exploited or has not sufficiently exploited the patented invention. Additionally, 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.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint-Kitts-et-Nevis Union européenne 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.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint-Kitts-et-Nevis Union européenne 35. Please explain how your legislation explicitly ensures that a proposed user has made efforts to obtain authorization from the right holder on reasonable commercial terms and conditions and that such efforts have not been successful within a reasonable period of time. In this context, how do you define "reasonable period of time". Please also explain how your legislation ensures that the use of a compulsory licence shall be authorised predominantly for the supply to the domestic market of the Member authorizing such use.
Section 34(4) provides a request for the Minister's authorisation to exploit a patented invention shall be accompanied by evidence that the owner of the patent has received, from the person seeking the authorisation, a request for a contractual licence, but that that person has been unable to obtain such a licence on reasonable commercial terms and conditions and within a reasonable time. What is reasonable is not defined in the legislation but will be determined by the Court based on the circumstances of each matter. Section 34(9) mandates that the exploitation of the patented invention by the Government agency or third person designated by the Minister shall be predominantly for the supply of the market in Saint Kitts and Nevis.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint-Kitts-et-Nevis Union européenne 36. Please state if your legislation grants additional protection for innovations after the 20 years of patent protection has lapsed.
36. Please state if your legislation grants additional protection for innovations after the 20 years of patent protection has lapsed.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint-Kitts-et-Nevis Union européenne 37. Please explain how your legislation provides for the enhanced patent protection of patents or patent applications pending on 1st January 1995.
Prior to the present Patents Act, the 1906 Patents Act was in force. The present Act came into force in 2002 and so patents and pending patent applications in 1995 would have been treated according to the provisions of the 1906 Act. The earlier legislation failed to provide adequately for the protection of the product as opposed to the process. The patent had a maximum duration of fourteen years and more contemporary considerations such as the applicability of the Patent Cooperation Treaty were not taken account of. The prior Act failed to provide appropriately for the concept of novelty of invention and was overall very thin on procedural aspects. The various aspects and nuances of infringement were not comprehensively dealt with. All of these areas have since been remedied by the existing Patents Act.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint-Kitts-et-Nevis Union européenne 38. Please explain how your legislation provides for the reversal of the burden of proof in relation to process patents.
Section 40(7) provides that in any proceedings for infringement, other than criminal proceedings, where the subject matter of the patent is a process for obtaining a product, the burden of establishing that the product was not made by the process shall rest on the defendant if (a) the product is new; or (b) a substantial likelihood exists that the product was made using another process and the patentee has been unable, through reasonable efforts, to determine the process used.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint-Kitts-et-Nevis Union européenne 39. Please describe how your legislation protects Topographies.
Under s. 6 of the Protection of Layout Designs (topographies) of Integrated Circuits Act, it is unlawful to perform certain acts without the authorisation of the right holder. This includes: (a) the reproduction, whether by incorporation in an integrated circuit or otherwise, of the protected layout-design in its entirety or any part thereof, except the reproduction of any part that does not comply with the requirement of originality defined in section 4; (b) the importation, sale or other distribution, for commercial purposes, of the protected layout-design, an integrated circuit in which the protected layout-design is incorporated, or an article incorporating such an integrated circuit in so far as it continues to contain an unlawfully reproduced layout-design. Where an infringement has occurred it is open to the right holder to apply to the Court for relief including an injunction, damages, an order for the seizure, forfeiture or destruction of the infringing goods or any other remedy provided for in law.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint-Kitts-et-Nevis Union européenne 40. Please explain what protection your national legislation grants to right holders against the unlawful importation, sale or distribution for commercial purposes of topographies including integrated circuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS Agreement.
See answer to question 39 above. [Answer 39: Under s. 6 of the Protection of Layout Designs (topographies) of Integrated Circuits Act, it is unlawful to perform certain acts without the authorisation of the right holder. This includes: (a) the reproduction, whether by incorporation in an integrated circuit or otherwise, of the protected layout-design in its entirety or any part thereof, except the reproduction of any part that does not comply with the requirement of originality defined in section 4; (b) the importation, sale or other distribution, for commercial purposes, of the protected layout-design, an integrated circuit in which the protected layout-design is incorporated, or an article incorporating such an integrated circuit in so far as it continues to contain an unlawfully reproduced layout-design. Where an infringement has occurred it is open to the right holder to apply to the Court for relief including an injunction, damages, an order for the seizure, forfeiture or destruction of the infringing goods or any other remedy provided for in law.]
10/08/2017

Page 5 de 677   |   Nombre de documents : 13533

 
Réinitialiser