WORLD TRADE
ORGANIZATIONIP/N/1/LCA/1
22 March 2001
(01-1394)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLE 63.2 OF THE AGREEMENT
SAINT LUCIA
By means of a communication from its Permanent Mission dated 12 March 2001, the
following notification has been received from Saint Lucia under Article 63.2 of the Agreement.
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In accordance with Article 63.2 of the Agreement on Trade-Related Aspects of Intellectual
Property Rights and the procedures laid down by the Council for Trade-Related Aspects of
Intellectual Property Rights in November 1995, the Government of Saint Lucia hereby notifies to the
Council its laws and regulations relating to the fields covered by the Agreement, as follows:
- The "main laws and regulations" are listed in Annex I.- "Other laws and regulations" are listed in Annex II.
- Draft legislation is listed in Annex III.
- Answers to the Checklist of Issues on Enforcement.
1
                                                     
1 See document IP/N/6/LCA/1.IP/N/1/LCA/1
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ANNEX I
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Patents
Patents, Designs and Trademarks, Title X,
Commercial Code, Dh 244, Revised Laws of
Saint Lucia 1957*This legislation in Part I relates to patents.  This
section makes provision for registration of
patents at the local level as well as for the
registration of patents which have been granted in
the United Kingdom.  These patents have the
same rights and privileges as the UnitedKingdom patents and is purely an extension of
these rights in Saint Lucia.
The present legislation does not make provision
for international applications filed according to
the Patent Cooperation Treaty and is very archaic
in its approach to patent administration.
In order to comply with international obligations,
a new Patents Act is due to go before Parliament
at the time of submitting this document.  Details
are  provided in Annex III.  Consequently, Part Iof Title X will be repealed.
Trademarks
Patents, Designs and Trademarks, Title X,
Commercial Code, Ch 244, Revised Laws of
Saint Lucia 1957*Part III of this piece of legislation relates to
trademarks and is still the operative legislation
providing for the registration of trademarks.  The
current legislation makes provision for
registration of United Kingdom trademarks anddoes not recognise well-known marks.
A new Trademarks Act has been drafted and is
due to be laid before Parliament together with the
Patents Act and will repeal Part III of Title X.Details of the new Trademarks Act are provided
in Annex III.
*The text of this law has not yet been notified and will distributed once received.IP/N/1/LCA/1
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TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Copyright and related rights
Copyright Act 1995, 2
N° 10 of 1995This Act provides protection for copyright and
makes provision for computer programmes and
compilations of data.  It introduces specific
provisions in relation to performers, soundrecordings and broadcasts.
This Act repeals the Copyright (St. Lucia)
Order 1965 and the Copyright Act of 1956 of the
United Kingdom.
Copyright (Amendment) Act 2000, 2
N° 7 of 2000This Amendment Act provides an extension of
the exclusive rights granted to copyright owners
by section 9 of the Principal Act to include, for
example, “communication to the public”.
The Amendment also makes provision for
collective societies and their administration,
moral rights of performers, and an extension of
the civil remedies available under the Act.
Section 51 of the Copyright Act 1995 provides
the owner of copyright in any published work,
film or sound recording with the avenue to
restrict the importation of infringing copies of the
work, film or sound recording.
Copyright (Importation Restriction) Regulations
2000, 3
S.I. 113 of 2000The Copyright (Importation Restriction)
Regulations 2000 provide the details of how this
section is to be implemented and identifies theforms, fees and other requirements associated
with the administrative procedures.
Copyright (International Organisations) Order
2000, 4
S.I. 112 of 2000This Order is made pursuant to section 147 of the
1995 Act and lists certain international
organisations to which the section applies.
                                                     
2 See document IP/N/1/LCA/C/1.
3 See document IP/N/1/LCA/C/2.
4 See document IP/N/1/LCA/C/3.IP/N/1/LCA/1
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TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Geographical indications
Geographical Indications Act 2000, 5
N° 4 of 2000This Act provides for a system of protection for
geographical indications.
The Act provides for the institution of civil
proceedings to prevent the unlawful use of
geographical indications and imposes criminal
sanctions for the deliberate wrong use of
geographical indications.
The Act further establishes a system of protection
that is not dependent on registration, although
registration of the geographical indications does
raise a presumption that it is a geographical
indication within the meaning of the Act.
Reference is also made to the power of the
Registrar not to register a trademark which
conflicts with a geographical indication.
Layout-designs
Layout-Designs (Topographies) of Integrated
Circuits Act 2000, 6
N° 3 of 2000This Act protects layout-designs of integrated
circuits against reproduction, importation, selling
and other distribution and provides protection for
layout-designs of integrated circuits.  The right toprotection belongs to the creator and this right
may be assigned or transferred.  The term of
protection is 10 years either from the filing date
or from the date of first commercial exploitation.
The Act provides for registration of layout-
designs without examination of the originality of
the design, the applicant’s entitlement to
protection or the correctness of the facts stated in
the application.
                                                     
5 See document IP/N/1/LCA/G/1.
6 See document IP/N/1/LCA/L/1.IP/N/1/LCA/1
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TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Undisclosed information
Protection Against Unfair Competition
Act 2001,7
N° 1 of 2001This legislation is new to the Statute books
having never been introduced before.
The Act provides for acts or practices which
constitute unfair competition and also for acts or
practices which may cause confusion with respect
to another’s enterprise or activities.  The Act also
deals with acts and practices in the course of
industrial or commercial activities which amountto misleading the public and the discrediting of
another's enterprise and activities.
This Act requires no administrative
responsibilities by the Registry of Companies and
Intellectual Property and places its operation
solely in the hands of the Court.
Industrial designs
Industrial Designs Act 2001, 8
N° 2 of 2001The Act provides for the protection of industrial
designs.  The Act provides protection for an
industrial design that satisfies the requirements of
novelty and not being contrary to public order
and morality.
The period of protection is five years but may be
renewed for two further five-year periods.
This Act repeals Part II of Title X of the
Commercial Code, Ch. 244, Revised Laws ofSaint Lucia 1957.
                                                     
7 See document IP/N/1/LCA/U/1.
8 See document IP/N/1/LCA/D/1.IP/N/1/LCA/1
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ANNEX II
OTHER LAWS AND REGULATIONS
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Customs
Customs (Control and Management) Act 2000,*
N° 23 of 2000This Act regulates the powers and duties of
customs officials.
Civil judicial procedures and remedies
West Indies Associated States Supreme Court
(Saint Lucia) Act 1969, *
N° 17 of 1969This Act governs civil judicial proceedings in
Saint Lucia and establishes the High Court and
Court of Appeal, and provides the jurisdiction
conferred on these courts.
Rules of the Supreme Court 1970 * These rules prescribe the forms, fees and
procedures to be followed in the Supreme Court
in civil proceedings.
Criminal proceedings
Criminal Code Ch 250 * This piece of legislation regulates the procedure
in criminal proceedings, both summary and
indictable.
*The texts of these laws have not yet been notified.IP/N/1/LCA/1
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ANNEX III
SOME INFORMATION ON THE DRAFT LAWS ON INDUSTRIAL PROPERTY
Legislative work for the adoption of new industrial property legislation is nearing completion
with the last three Bills due to be laid before the Parliament at its next sitting.  Expectations are that
by the last week in March all bills would have been passed.  The delay in the adoption of the Law was
caused by several factors, two being the pressure of legislative work on the Parliament and the
complexity of some of the legislation which required great detail and time.
The new pieces of legislation will complete  the attempt at full compliance with the
Agreement on Trade-related Aspects of Intellectual Property Rights.  When compared with existinglegislation, the new legislation will make the following changes.
I. Patents
The draft Patents Act will:
- provide the protection for all inventions except micro-organisms;
- set out detailed conditions for granting compulsory licences;
- take away all references to registration of United Kingdom patents and treat all
applications in the same manner.
- provide for registration of applications filed in accordance with the Patent Co-
operation Treaty.
II. Trademarks
The draft Trademarks Act:
- widens the definition of trademark presently under the Commercial Code to include
aspects of packaging and shape;
- abandons the distinction between Part A and Part B of the Register, which was based
on English law and practice;  the new Act will only make provision for one register
and the test will be that a trademark will be registered if it is capable of
distinguishing;
- provides for certification of trademarks, well-known trademarks and collective
trademarks whereas the old law only provides for defensive trademarks;
- allows multi-class filing;
- does not retain the concept of associated trademarks;
- makes provision for the Comptroller of Customs to seize counterfeit goods at the
instance of the trademark owner;
-  changes the term of protection from 14 years to 10 years;IP/N/1/LCA/1
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- does not retain reference to United Kingdom registered trademarks.  All marks will
be treated in the same manner.
III. Plant Varieties
The Plant Varieties Act is a new addition to the list of industrial property legislation and
provides for plant varieties in accordance with Article 27 of the Agreement on Trade-related
Aspects of Intellectual Property Rights.
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