WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/IILCA/D/l 
30 March 2001 
(01-1622) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
SAINT LUCIA 
The present document reproduces the texe of the Industrial Designs Act 2001, N° 2 of 2001, 
which Saint Lucia has notified under Article 63.2 of the Agreement (see document IP/N/I/LCAIl). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
SAINTE-LUCIE 
Le present document contient le texte1 de la Loi de 2001 sur les dessins et modeles 
industriels, nO 2 de 2001, notifie par Sainte-Lucie au titre de l'article 63:2 de l'Accord (voir le 
document IP/NIlILCAIl). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL P ARRAFO 2 
DEL ARTiCULO 63 DEL ACUERDO 
SANTA LuciA 
En el presente documento se reproduce el texto1 de la Ley de Dibujos y Modelos Industriales 
de 2001, N° 2 de 2001, que Santa Lucia ha notificado en virtud del parrafo 2 del articulo 63 del 
Acuerdo (vease el documento IP/N/lILCA/l). 
1 In English only.lEn anglais seulement.iEn ingles solamente. IP /N/1/LCA/D/1 
Page 2 
NO.2J Industrial Designs Act 
SAINT LUCIA 
No. 2of200t 
ARHAJ\'GE~IENT OF SECTIO;-';S 
Section 
1. Shon title and commencement 
2. Interpretation 
3. Definition of industrial design 
4. Registrable industrial designs 
5. Right to registration and naming of creator 
6. Application 
7. Examination 
8. Registration and publication 
9. Rights conferred by registration 
10. Duration and renewal of registration 
11. Surrender of registration 
12. Invalidation of registration 
13. Changes in ownership 
14. Licence contracts 
15. The Registrar 
16. Register and publication 
17. Correction of errors 
18. Extension of time 
19. Exercise of discretionary powers 
20. Representation 
21. Competence of Coul1 
22. Infi'ingement of offences 
23. Application of international treaties 
24. Regulations 
25. Repeals 
_ 26. Transitional provisions [2001 rL.S.] I ASSL:NT IP /N1l/LCA/D1l 
Page 3 
PEARLETTE LOUISY, 
Governor-General. 
15th February, 2001. 
SAINT LUCIA 
No. 2 of 2001 
AN Acr to provide for the protection ofIndustrial Design and for related 
matters. 
[ On Order] 
BE IT ENACTED by the Queen's Most Excellent Majesty, by and 
with the advice and consent ofthe House of Assembly and the Senate of 
Saint Lucia, and by the authority of the same, as follows: IP /N1l/LCA/D1l 
Page 4 
Short titlc and Commcnccmcnt 
1.-( 1) This Act may be cited as the Industrial Designs Act, 2000. 
(2) This Act shall come into force on a date to be fixed by the 
Minister by Order published in the Ga::.ette. 
I ntcrprctation 
2.-( 1) In this Act 
"Court" means the High Court; 
"International Classification" means the classification according to 
the Locarno Agreement of October 8th 1968 establishing an 
International Classification for Industrial Designs; 
"Minister" means the Minister with responsibility for intellectual 
property; 
"Paris Convention" means the Paris Convention for the Protection 
ofIndustrial Property of March 20th 1883, as last revised; 
"prescribed" means prescribed in the Regulations; 
"priority date" means the date ofthe earlier application that serves 
as the basis for the right of priority provided for in the Paris 
Convention; 
"Register" means the Register of Industrial Design maintained 
pursuant to section 16; 
"Registrar" means the Registrar of Companies and Intellectual 
Property; 
"Regulations" means Regulations made pursuant to section 24. 
Definition (if industrial design 
3.-' (1) For the pmposes of this Act, any composition of lines or 
colours or any three-dimensional fonn, or any material whether or not 
associated \vith lines or colours, is deemed to be an industrial design, 
where such composition, fonn or material gives a special appearance to 
a product of industry or handicraft, can serve as a pattern for a product 
of industry or handicraft, or appeals to and is judged by the eye. 
(2) The protection of this Act does not extend to anything in an 
industrial design which serves solely to obtain a technical result and to 
the extent that it leaves no freedom as regards arbitrary featmes of 
appearance. Registrable industrial designs 
4.-( 1) An industrial design is registrablc if it is ne\\". IP /N1l/LCA/D1l 
Page 5 
(2) An industrial design shall be new ifit has not been disclosed to 
the public, anywhere in the world, by publication in tangible form or by 
use or in any other 'vvay, prior to the filing date or, where applicable. the 
priority date of the application for registration. 
(3) For the purposes of subsection (2), disclosure to the public of 
an industrial design shall not be taken into consideration if the disclosure: 
(a) occured within twelve months preceding the filing date or, where 
applicable, the priority date ofthe application; and 
(b) was by reason or in consequence of acts conU11itted by the 
applicant or his predecessor in title or of an abuse conU11itted 
by a third party with regard to the applicant or his predecessor 
in title. 
(4) An industrial design that is contrary to public order or morality 
is not registrable. 
Right to registration and naming of creator 
5.--=( 1) The right to registration of an industrial design shall belong 
to the creator. 
(2) If two or more persons have jointly created an industrial design, 
the right to registration of that industrial design shall belong to them jointly. 
(3) If and to the extent that two or more persons have created the 
same industrial design independently of each other, the person whose 
application has the earliest filing date or, if priority is claimed, the earliest 
validly claimed priority date, shall have the right to register the industrial 
design, as long as the said application is not withdrawn, abandoned or 
rejected. 
(4) The right to an industrial design may be assigned, or may be 
transfened by succession. 
(5) Where an industrial design is created in execution of an 
employment contract. the right to registration of the industrial design shall 
belong, in the absence of contractual provision to the contrary, to the 
employer. 
(6) The creator shall be named as such in the registration of the 
industrial design, unless in a special written declaration signed by him and 
addressed to the Registrar he indicated that he wishes not to be named. IP/NIl/LCAlDIl 
Page 6 
(7) A promise or undertaking by the creator made to any person to 
the effect that he will make a declaration referred to in subsection (6) 
shall be without legal effect. 
Application 
6.-( 1) An application for registration of an industrial design shall be 
filed with the registrar and shall contain a request, drawings, photographs 
or other adequate graphic representations of the article embodying the 
industrial design and an indication of the kind of products for \\I'hich the 
industrial design is to be used. 
(2) The application may be accompanied by a specimen of the 
article embodying the industrial design where the industrial design is two 
dimensional. 
(3) Where the applicant is not the creator, the request shall be 
accompanied by a statement justifying the applicant's right to the 
registration of the industrial design. 
(4) The application may contain a declaration claiming priority, as 
provided for in the Paris Convention, of one or more earlier national or 
regional applications or international deposits filed by the applicant or his 
predecessor in title in or for any State party to that Convention. 
(5) Where the application contains a declaration refelTed to in sub­
section 4), the Registrar may require that the applicant furnish, within the 
prescribed time limit, a copy of the earlier application or international 
deposit, certified as correct by the office with which it was filed, and the 
eftect of that declaration shall be as provided for in the Paris Convention. 
(6) Where the Registrar finds that the requirements under this 
section and the Regulations pertaining to a declaration are not fulfilled, 
the declaration shall be considered not to have been made. 
(7) Two or more industrial designs may be the subject ofthe same 
application if they relate to the same class ofInternational Classification 
or to the same set or composition of articles. 
(8) An application, at the time offiling, may contain a request that 
the publication of the industrial design be deferred for a period not ex­
ceeding twelve ( 12) months from the date of filing or, if priority is claimed 
from the date of priority of the application. 
(9) The applicant may withdraw the application at any time during 
its pendency. 
(10) An application is subject to the payment of the prescribed 
application fcc. Examination IPINIlILCAlDIl 
Page 7 
7.-( 1) The Registrar shall accord as the filing date the date of 
receipt of application, provided that, at the time of receipt. the application 
contains indications allowing the identity of the applicant to be es~ablished 
and the required graphic representation of the article embodying the 
industrial design. 
(2) Where the Registrar finds that the application did not at the 
time of receipt fulfil the requirements referred to in subsection (1), he 
shall invite the applicant to file the required correction and shall accord 
as the filing date the date of receipt of the required correction, but if no 
correction is made the application shall be treated as if it had not been 
filed. 
(3) After according a filing date, the Registrar shall examine the 
application for compliance with the requirements of section 6 and ascertain 
whether the application fee has been paid. 
(4) The Registrar shall examine whether the industrial design 
complies \vith the provisions of section 3 and 4 (4). 
Registration and publication 
8.-( 1) Where the Registrar finds that the conditions referred to in 
subsection (3) and 4 (4) are fulfilled, he or she shall register the industrial 
design, publish a reference to the registration and issue to the applicant a 
certificate of registration of the industrial design. 
(2) Notwithstanding subsection (3), where a request has been made 
under section 6 (8) for deferment of publication, no representation of the 
design nor any file relating to the application shall be open to public 
inspection. and the Registrar shall publish a notice of deferment containing 
information identi fying the registered owner, the filing date of the 
application, the length of time of which deferment has been requested 
and any other prescribed particulars. 
(3) During the period of deferment of publication, legal proceedings 
on the basis ofa registered industrial design may not be instituted unless 
the information contained in the Register and in the file relating to the 
application has been communicated to the person against whom the 
action is brought. 
(4) At the expiry of the period ofdefennent, the Registrar shall 
publish the registered industrial design. IPINIlILCA/D/l 
Page 8 
Rights conferred hy registrlltion 
9.-( 1) The exploitation of a registered industrial design in Saint 
Lucia by persons other than the registered owner shall require the 
agreement of the latter. 
(2) For the purposes of this Act, "exploitation" of a registered 
industrial design means the making, selling, importing or otherwise 
distributing, for commercial purposes, articles bearing or embodying a 
design which is a copy, or substantially a copy, of the industrial design. 
(3) The rights conferred by registration shall not extend to acts in 
respect of articles which have been put on the market in Saint Lucia by 
the registered owner or with his consent. 
(4) The owner of a registered industrial design shall, in addition to 
any other rights remedies or actions available to him, have the right to 
institute court proceedings against any person who infringes the 
registration of the industrial design by performing vvithout his agreement, 
any of the acts referred to in subsection (2) or who performs acts which 
make it likely that intj-ingement will occur. 
Duration and renewal of registration 
10.-( 1) The registration of an industrial design shall be for a period 
offive years from the filing date of the application for registration. 
(2) The registration may be renewed for two further consecutive 
periods of five years through the payment of the prescribed fee. 
(3) A grace perioci of six months shall be allowed for the late 
payment of the renewal fee, on payment of the prescribed surcharge. 
Surrender of registration 
11 .--( 1) The owner of a registered industrial design may smrender 
it by wTitten declaration to the Registrar who shall record the surrender 
in the Register and publish it appropriately. 
(2) The surrender shall have effed from the date on which it is 
recorded. 
Invalidation of registration 
12.-( 1) An interested person may apply to the Court for the 
invalidation of the registration of an industrial design. 
(2) The Court shall invalidate the registration of an industrial design 
if the person requesting the invalidation proves that any of the requirements 
of sections 3 and 4 are not fulfilled or if the registered owner of the 
industrial design is not the creator or successor in title. IP/N/l/LCNDIl 
Page 9 
(3) An invalidated registration of an industrial design, or part thereof, 
shall be regarded as hull and void from the date of the registration. 
(4) The decision of the Court or the decision 011 any appeal 
there from shall be notified to the Registrar \vho shall record it and publish 
a reference to it as soon as possible thereafter. 
Changes in ownership 
13.-( 1) A change in the ownership of the registration of 
an industrial design, or in the ownership of an application there for, shall 
be in writing and shall, upon the request of any interested party made to 
the Registrar, be recorded and, except in the case of an application, 
published by the Registrar. 
(2) A change under subsection (l) shall be of no effect against 
third parties until it has been recorded. 
Licence contracts 
14.-( 1) Subject to this section, the owner of a registered industrial 
design on an application therefor may grant licences in respect of the 
design. 
(2) A copy of each licence contract concerning a registered industrial 
design, or an application therefor, shall be submitted to the Registrar who 
shall keep its contents confidential but shall record it and publish a reference 
thereto and until the contract is so recorded it shall have no effect against 
third parties. 
The Registrar 
15. The Registrar shall be responsible for all functions relating to, 
the procedure for the registration of industrial designs and for the 
administration of registered industrial designs as speci fied in this Act. 
Register and publication 
16.-( 1) The Registrar shall maintain a Register of Industrial 
Designs in which he or she shall record all matters required by the Act to 
be recorded. 
(2) The Register may be consulted by any person under the 
prescribed conditions and any person may obtain extracts upon payment 
of the prescribed fee. 
(3) The Registrar shall publish in an appropriate marmer all the 
publications provided for in this Act. JP INIlILCAlDIl 
Page 10 
Correction of errors 
17. The Registrar may, subject to any provisions in the Regulations, 
correct any error of translation or transcription, clerical error or mistake 
in any application or document filed with the Registrar on in any matter 
recorded pursuant to this Act. 
Extension of timc 
18.-( 1) Where the Registrar is satisfied that the circumstances 
justify it, he or she may, upon receiving a written request, extend the time 
for doing any act or taking any proceeding under this Act, upon notice to 
the parties concerned and upon such tenns as he or she may direct. 
(2) The extension may be granted though the time for doing the act 
or taking the proceeding has expired. 
Exercisc of discretionary powers 
19. The Registrar shall, before exercising any discretionary power 
vested in him or her by this Act adversely to any party to a proceeding 
before him, give that party an opportunity to be heard. 
Rep resell ta tion 
20. Where an applicant's ordinary residence or principal place of 
business is outside Saint Lucia, he or she shall be represented by an 
attorney-at-Iaw resident and practising in Saint Lucia. 
Competence of Court 
21.-{ 1) The Court shall have jurisdiction in cases of dispute relating 
to the application })fthis Act and in matters which under this Act are to 
be referred to the Court. 
(2) Any decision taken by the Registrar under this Act, in pat1icular 
the decision to register an industrial design or to refuse an application for 
such a registration, may be the subject of an appeal by any interested 
party to the COUl1 and sllch appeal shall be filed within three months of 
the date of the Registrar's decision. 
Infr'ingemellt and offences 
22.-' (1) Subject to section 9 (3), an intringement shall consist of 
the performance in Saint Lucia of any act referred to in section 9 (2) by 
a person other than the owner of the registered industrial design and 
without the agreement of the latter. IP/N/l/LCAlDIl 
Page 11 
(2) On the request of the owner of the registered industrial design, 
or of a licensee, if he has requested the owner to institute court 
proceedings for a specific relief and the owner has refused or failed to 
do so, the Court may grant an injunction to prevent infringement or an 
imminent infringement, award damages and grant any other remedy 
provided for in the general la w. 
(3) A person who intentionally performs an act which constitutes an 
infringement as defined in subsection (1) commits an offence and is 
liable on sunU11ary conviction to a fine of ten thousand dollars and to 
imprisonment for five years. 
Application of international treaties 
23. The provisions of any international treaties in respect of 
industrial property to vvhich Saint Lucia is a party shall apply to matters 
dealt with by this Act anci, in case of conflict with provisions of this Act, 
the conflicting provision in this Act shall be construed to give effect to 
the provision of the relevant treaty. 
Regula tiOIlS 
24. The Minister may make Regulations prescribing all matters that 
are required or pel111itted by this Act to be prescribed, or are necessary 
or cOllvenient to be prescribed for giving effect to the purposes of this 
Act. 
Repeals 
25. Subject to the provisions of section 26, the provisions of the 
Commercial Code, Cap 244, Title X, where they apply to Designs are 
hereby repealed. 
Transitional provisions 
26.-(1) Notwithstanding the repeal of the former Act, industrial 
designs registered thereunder shall remain in force but shall, subject to 
subsection (2), be deemed to have been registered under this Act. 
(2) Industrial designs registered under the former Act shall remain 
in force for the unexpired portion of the period of protection provided for 
under that Act and may be renewed in accordance with the provisions of 
this Act. 
(3). A person \vho on the elate of the coming il1to force of this Act 
is the OWl1er of an industrial design that has been registered in the United 
Kingdom for a period not exceeding three years or has filed an application 
for registration of an industrial design in the United Kingdom may, within IP/N/l/LCA/D/l 
Page 12 
twelve months from entry into force ofthis Act, file an application for the 
registration of the same industrial design under this Act and such 
application shall be accorded the filing date or priority date accorded to 
the application or registration in the United Kingdom. 
(4) The Registrar shall, on and after the coming into force of this 
Act-
(a) perform all the functions of and exercise all the powers 
conferred on the Registrar of the Supreme Court in relation to 
industrial designs under the former Act; and 
(b) be the custodian of the Register of Patents, Designs and Trade 
Marks kept under the f0l111er Act 
Passed in the House of Assembly this 12th day of December, 2000. 
MATTHEW ROBERTS, 
Speaker of the HOllse of Assembly. 
Passed in the Senate this 17th day of November, 2000. 
HILFORD DETERVILLE, 
President of the Senate.