IP/Q/KNA/1, IP/Q2/KNA/1  
IP/Q3/KNA/1, IP/Q4/KNA/1  
 
10 August 2017  
(17-4322) Page: 1/28 
Council for Trade -Related Aspects of  
Intellectual Property Rights  Original: English  
 
 REVIEW OF LEGISLATIO N 
 
SAINT KITTS  AND  NEVIS1 
The present document reproduces the introductory  statement made  by the delegation of 
Saint Kitts and Nevis , the questions put to it and the responses  given in connection with the 
review of legislation  initiated  at the Council's meeting of 18-22 June 2001 .2 The review was 
concluded in March  2017.3 
 
_______________  
 
 
1  INTRODUCTORY STATEME NT4 
1.  The Government of Saint Kitts  and Nevis wishes that the Chairman would convey its profound 
apologies to the WTO and its Membe rs for its unavoidable absence at this meeting of the Council. 
Indeed it wishes that this absence would not be viewed as a reflection of the gravity to which it 
attach es to matters of intellectual property since the opposite, would be the truth. While 
a shortage of trained personnel and limited resources have historically stunted the development of 
intellectual property policy in Saint Kitts  and Nevis, it wishes to report that there is a renewed 
vigour for IP in the Federation.  
2.  This recommitment was sparked  by a change in Government in February 2015 and the seminal 
role that the new administration believes that IP plays to its cultural, economic and social 
development. In November 2016, out of 175 countries, the United Nations' ITU adjudged Saint 
Kitts and N evis to be the "Most Dynamic and Im proved Information Development C ountry" having 
jumped twenty spots from #54 to #34 on the ICT Development index. With a rapid increase in 
technology use in Saint Kitts  and Nevis and particularly the interest of its youth in artistic and 
cultural expression, it is incumbent on its Government to ensure that a robust IP framework is 
implemented and enforced to protect the interests of its people and those of the  world at large.  
3.  Since taking office therefore, the Government of  Saint Kitts  and Nevis has  added trained 
personnel to the staff of the IPO, approved a capital project to facilitate easier and more effective 
means of registering trademarks, increased public education initiatives and reconvened a review of 
existing IP la ws. To this end, its preparation of the over 100 responses further to the present 
review has given the Government  of Saint Kitts  and Nevis  an incredible opportunity to evaluate the 
status of its IP framework against its local needs as well as its regional and international 
obligations.  
4.  Saint Kitts  and Nevis is  regrettably cognizant of the inordinate delay that has preceded the 
submission of its responses to the questions that were posed by Japan, Canada, Switzerland, the 
United States and the European Union  as part of its review of the national implementing IP 
legislation. As such, the Government of  Saint Kitts  and Nevis  is exceedingly grateful for the 
                                                
1 As regards laws and regulations notified by Kazakhstan under Article 63.2 of the Agreement, reference 
is made to documents IP/N/1/ KNA/C/1, IP/N/1/ KNA/L/1, IP/N/1/ KNA/P/1 and IP/N/1/ KNA/T/1. 
2 The minutes of this meeting have been circulated as document IP/C/ M/32. 
3 The minutes of this meeting have been circulated as document IP/C/M/85 . 
4 As reflected in a written statement submitted by the delegation of Saint Kitts  and Nevis on 
1 March  2017.  IP/Q/KNA/1 • IP/Q2/KNA/1 • IP/Q3 /KNA/1 • IP/Q4/KNA/1  
 
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  patience from the Member states and the technical assistance afforded to Saint Kitts  and Nevis by 
the WTO S ecretariat in the preparation of these responses. It also wish es to convey our gratitude 
to the WIPO Secretariat for its continue d support.  
5.  Saint Kitts  and Nevis has already begun work to address some glaring deficiencies in its laws 
and here reiterate its commitment to optimal participation going forward. Having officially notified 
its laws and its contact point information of the WTO in November 2016, it remain s available to 
respond further to new of follow up questions and comments, should any arise.  
6.  Saint Kitts  and Nevis is  grateful for this opportunity to have its sentiments expressed to the 
wider body and wish you well in your deliberations.  
2  RESPONSES TO THE QUE STIONS POSED BY  JAPAN5 
A. COPYRIGHT AND RELATE D RIGHTS  
1. Please explain exceptions or exemp tions of the National Treatment and Most -
Favoured -Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as 
permitted in Articles  3 and 4 of the TRIPS Agreement.  
In accordance with Art. 6 of the Berne Convention, Sections 145 and 146 of the Saint . Kitts and 
Nevis  Copyright Act enable the Minister, by Order, to restrict or allow protection to works and 
nationals of any country specified therein. Section 145 allows the Minister to order that the 
provisions of the Copyright Act can apply on  bases including nationality/ habitual residence, place 
of incorporation for bodies corporate, nature of the works and place of publication or performance. 
Section 146 confers a power on the Minister to restrict protection to countries that do not provide 
adequate protection to works of Saint Kitts and Nevis (SKN).  
3  RESPONSES TO THE QUE STIONS POSED BY CANADA6 
1. Please describe how the enforcement obligations (Articles 41 -61 of the TRIPS 
Agreement and throughout) have been implemented.  
Please see responses t o the Checklist on Issues of Enforcement 7 
2. What protection does your Copyright legislation afford to "foreign works"?  
The legislation currently does not protect "foreign works". Protection of eligible works in SKN is 
limited to authors who are nationals  or habitual residents of SKN or if it was first published in SKN 
(ss. 3 and 8 of SKN Copyright Act). In its ongoing legislative review the Government has already 
identified this provision as inconsistent with provisions of the TRIPS Agreement and will rem edy 
this in the very near future since it is open to the Minister, under s. 145 to pass a statutory order 
that would declare that copyright protection extends to the works or authors of the countries that 
are Members of the Berne Convention, TRIPS or any o ther relevant international treaty on 
copyright and performers' rights to which SKN is a party. This approach would not require 
parliamentary intervention but a legislative amendment in parliament, though more onerous to 
achieve, is likely to carry a highe r degree of practical prudence.  
                                                
5 Questions from Japan to Saint Kitts and Nevis are contained in doc ument IP/C/W/258.  The responses 
made by Saint Kitts  and Nevis are contained in the document IP/C/W/623.  
6 Questions from Canada to Saint Kitts and Nevis are contained in documents IP/C/W/261 and 
IP/C/W/261/A dd.1. The responses made by Saint Kitts  and Nevis  are contained in document IP/C/W/623.  
7 The responses from Saint Kitts and Nevis to the Checklist of Issues on Enforcement are circulated in 
document IP/N/6/KNA/1.  IP/Q/KNA/1 • IP/Q2/KNA/1 • IP/Q3/KNA/1 • IP/Q4/KNA/1  
 
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  3. We understand that legislation on trademarks, patents and copyright have been 
passed by your Parliament, but that they are not yet in force.  
(a) When is such legislation likely to be effectively implemented?  
 (b) What are th e key improvements introduced by such legislation in respect of 
TRIPS obligations?  
The Marks, Collective Marks and Trade Names Act came into force on 28th July 2000. 
The Copyright  Act and Patents  Act came into force on 1  June 2002. Notifications of all leg islation 
related to IPRs have been sent to the WTO and WIPO.  
Trademarks  
The prior legislation was passed in 1887 and whilst adequate at the time, did not have the benefit 
of the application of contemporary standards. There was no definition of a "mark" and  the aspect 
of a mark being refused as being indistinguishable from the goods or services of one enterprise 
from that of another was not adequately captured. The eligibility of certain trade names has been 
expanded and clarified in the existing legislation . Greater specificity on infringement and offences 
generally under the Act has been included in the new Act. Recognition and distinction of well - 
known marks is provided for in the existing legislation as well as the applicability of 
the Nice Agreement and  the Paris Convention for the Protection of Industrial Property.  
Patents   
The previous Patents Act dated from 1906. This 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.  
Copyright  
The previous legislation in this area was the Copyright Ac t Chapter 336 of 1919. In addition, 
the 1956 U.K. Act was largely applicable within the then colony ( Saint Kitts  and Nevis became 
an independent nation in 1983). The 1919 Act consisted of three sections which therefore 
demonstrates how extremely limited it  was in scope and how ineffectual it would be in this current 
regime. The previous legislation created an offence for the infringement of a copyrighted work, 
however the kinds of work that was contemplated, the extent of the protection, the actual 
remedies  for infringement – outside of the criminal penalty, were not provided for. The current 
legislation sets out a wide range of concerns in comprehensive detail, including protection for 
works in electronic form, licensing schemes and licensing bodies, recogn izing through the creation 
of exceptions, the need to balance the exclusive rights of the owner against the rights of the State 
and certain public purposes that derive therefrom. Some of these rights include fair dealing with 
a performance or recording for  the purpose of criticism or review or reporting on current events, 
parliamentary proceedings, library use and the playing of certain types of recording for charitable 
purposes.  
4. We understand that legislation on geographical indications, protection of p lant 
varieties, and protection of integrated circuit topographies is being drafted.  
 (a) What protection is currently afforded to geographical indications, protection 
of plant varieties, and protection of integrated circuit topographies, and how 
does such protection accord with TRIPS obligations?  
 (b) When is such legislation likely to be effectively implemented?  
 (c) What are the key improvements introduced by such legislation in respect of 
TRIPS obligations?  IP/Q/KNA/1 • IP/Q2/KNA/1 • IP/Q3 /KNA/1 • IP/Q4/KNA/1  
 
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  The Protection of Layout -Designs (Topographies)  of Integrated Circuits Act was passed and came 
into force on 5th November 2007. Legislation on the protection of plant varieties has not yet been 
passed but a draft bill has been circulated to key stakeholders for their comments and 
recommendations.  
The G eographical Indications Act was passed in 2007 and came into effect on 1st November 2016. 
Geographical indications in the strictest sense were not protected prior to this legislation but 
collective marks are protectable under the  trademark legislation.  
In keeping with Arts. 22 to 24 of the TRIPS provisions on geographical indicatio ns, the Act 
provides protection  
 to an indication which identifies any goods as originating in the territory of a country or 
a region or locality in that territory where a given qu ality, reputation or other characteristic 
of the particular goods is essentially attributable to its geographical indication; (section 2)  
 to a geographical indication even if it has not been registered, however registration of a GI 
offers a higher level of  protection; (section 3)  
 Against a geographical indication which gives a false representation to the public that 
the goods originate in another territory than the one it actually derives from. This provision 
shall be enforceable even if the GI is literally  true as to the territory, region or locality in 
which the goods originate; (section 3) and  
 in respect of homonymous geographical indications for wines, protection shall be given to 
each indication. Where necessary, the Registrar shall determine practical conditions for 
differentiating homonymous indications from each other. The Registrar shall be guided in 
such cases by the need to ensure equitable treatment of the producers concerned and to 
ensure that consumers are not misled.  
The right of use of a geogr aphical indication shall be restricted to a producer carrying on activity in 
the geographical area specified in the Register, in the course of trade and only in respect of 
the products specified in the Register where such products possess the quality, repu tation or other 
characteristic set out in the Register.  
Under section 12 of the Act, the level of protection extends to the possibility of  
 invalidating the registration of a GI on the ground that the GI does not qualify f or 
protection,  
 rectifying the regi stration of a GI on the ground that,  
 the geographical area specified in the registration does not correspond to the geographical 
indication, and  
 the indication of the products for which the geographical indication is used or the indication 
of the quality,  reputation or other characteristic of such products is missing or 
unsatisfactory.  
Section 13 allows proceedings to prevent the unlawful use of geographical indications or to prevent 
a use which constitutes an act of unfair competition within the meaning o f Article  10bis of 
the Paris Convention.  
The Registrar also has power to refuse or invalidate the registration of a trademark which contains 
or consists of a geographical indication with respect to goods not originating in the territory 
indicated, if use o f the indication in the trademark for such goods in Saint Kitts  and Nevis is of 
such a  nature as to mislead the public as to the true place or origin of such goods (s. 14). The 
Registrar additionally has power to invalidate or refuse a mark that conflicts with a GI for wines 
and spirits.  IP/Q/KNA/1 • IP/Q2/KNA/1 • IP/Q3/KNA/1 • IP/Q4/KNA/1  
 
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  4  RESPONSES TO THE QUE STIONS POSED BY SWITZERLAND8 
A. GEOGRAPHICAL INDICAT IONS  
1. Please explain in detail how your legislation provides protection for geographical 
indications . 
In keeping with Arts  22 to 24 of the TRIPS prov isions on geographical indications, the Act provides 
protection  
 to an indication which identifies any goods as originating in the territory of a country or 
a region or locality in that territory where a given quality, reputation or other characteristic 
of the particular goods is essentially attributable to its geographical indication; (section 2)  
 to a geographical indication even if it has not been registered, however registration of a GI 
offers a higher level of protection; (section 3)  
 Against a geographi cal indication which gives a false representation to the public that 
the goods originate in another territory than the one it actually derives from. This provision 
shall be enforceable even if the GI is literally true as to the territory, region or localit y in 
which the goods originate; (section 3) and  
 In respect of homonymous geographical indications for wines, protection shall be given to 
each indication. Where necessary, the Registrar shall determine practical conditions for 
differentiating homonymous in dications from each other. The Registrar shall be guided in 
such cases by the need to ensure equitable treatment of the producers concerned and to 
ensure that consumers are not misled.  
The right of use of a geographical indication shall be restricted to a producer carrying on activity in 
the geographical area specified in the Register, in the course of trade and only in respect of 
the products specified in the Register where such products possess the quality, reputation or other 
characteristic set out in th e Register.  
Under section 12 of the Act, the level of protectio n extends to the possibility of  
 invalidating the registration of a GI on the ground that the GI does not qualify for 
protection,  
 rectifying the registration of a GI on the ground that;  
 the ge ographical area specified in the registration does not correspond to the geographical 
indication; and  
 the indication of the products for which the geographical indication is used or the indication 
of the quality, reputation or other characteristic of such products is missing or 
unsatisfactory.  
Section 13 allows proceedings to prevent the unlawful use of geographical indications or to prevent 
a use which constitutes an act of unfair competition within the meaning of Article 10bis of the Paris 
Conve ntion.  
The Registrar also has power to refuse or invalidate the registration of a trademark which contains 
or consists of a geographical indication with respect to goods not originating in the territory 
indicated, if use of the indication in the trademark for such g oods in Saint Kitts  and Nevis is of 
such a  nature as to mislead the public as to the true place or origin of such goods (s. 14). The 
Registrar additionally has power to invalidate or refuse a mark that conflicts w ith a GI for wines 
and spirits.  
                                                
8 Questions from Switzerland to Saint Kitts and Nevis are contained in document IP/C/W/263.  The 
responses made by Saint Kitts  and Nevis are contained in document IP/C/W/623.  IP/Q/KNA/1 • IP/Q2/KNA/1 • IP/Q3 /KNA/1 • IP/Q4/KNA/1  
 
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  B. PATENTS  
2. Does your legislation grant patent protection to all categories of products or are 
there any exceptions? If so, please explain in detail what kind of exceptions exist and 
how they comply with Article 27 of the TRIPS Agreement.  
There are limitations on t he enjoyment of patent rights. Section 10(1) of the Patents Act provides 
that anything which consists of the following characteristics shall be excluded from patentability  
(a) discovery, scientific theory or mathematical method;  
(b) a scheme, rule or metho d 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 practiced on the human or animal body.  
Additionally, section 10 subsection 3  of the Patents Act provides that a patent shall not be granted 
in respect of an invention if the commercial exploitation of the invention in Saint Christopher and 
Nevis would be contrary to public order or morality. The section goes on to provide in subse ction 4 
that the refusal to grant such a patent would not be based solely on the ground that 
the commercial exploitation is prohibited by a law in force in Saint Christopher and Nevis. 
The language seems to imply that the basic threshold that would be look ed at would be the law 
but leaves it open as to other considerations that might influence the decision to deny the patent.  
Section 10 subsection (1) paragraph (c) - cited earlier, provides that anything that consists of 
methods for the treatment of the hum an or animal body by surgery, therapy in addition to 
diagnostic methods that are practiced on either human or animal, shall be excluded from 
patentability. However, subsection 2 under the same section shows restricts the exclusion only to 
the methods and d oes not extend the bar to the products that might be used in any of those 
methods.  
3. Does your legislation, in accordance with Article 27.1 in combination with Article 
31 of the TRIPS Agreement, consider importation as "working" a patent (and therefore 
preclude compulsory licensing, if a product is being imported)?  
Section 32(2)(a)(ii) of the Patents Act expressly provides that exploitation of a product patent 
includes importation of said product. Section 37 which deals with the grant of non -voluntary 
licenses provides that a third party can apply to the court for such a license where the patent has 
not been exploited, sufficiently exploited or imported into Saint Kitts  and Nevis after four years 
after the grant or three years after filing, whichever later.  Additionally, where the Minister is 
satisfied that the right holder's exploitation of the patent (which includes importation) is anti -
competitive, s.  34 confers the right on him to grant a compulsory licence to a Government agency 
or a third party designa ted by the Government.  
4. Does your legislation make the granting of a compulsory license subject to all the 
conditions enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant 
provisions of law.  
The following table contains the individua l TRIPS conditions and the relevant sections of 
the Patents Act. Section 34 contains the provisions of the compulsory license and s.  37 contains 
provisions on non -voluntary licences.  
TRIPS Conditions  Patents Act  
31(a): authorization of such use shall be 
considered on its individual merits  s. 34(3) The Minister shall make his or her 
decision [to exploit the patent] after hearing 
the owner of the patent and any interested 
person.  
s. 37(1) provides that the Court, on the action 
of the prospective licensee, de termines 
the grant of a non -voluntary licence. 
The merits of each individual suit will be 
considered.  IP/Q/KNA/1 • IP/Q2/KNA/1 • IP/Q3/KNA/1 • IP/Q4/KNA/1  
 
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  TRIPS Conditions  Patents Act  
31(b): such use may only be permitted if, 
prior to such use, the proposed user has 
made efforts to obtain authorization from 
the right holder on reasonab le 
commercial terms and conditions and that 
such efforts have not been successful 
within a reasonable period of time.  This 
requirement may be waived by a Member 
in the case of a national emergency or 
other circumstances of extreme urgency 
or in cases of pu blic non -commercial use.  
In situations of national emergency or 
other circumstances of extreme urgency, 
the right holder shall, nevertheless, be 
notified as soon as reasonably 
practicable.  In the case of public non -
commercial use, where the government 
or contractor, without making a patent 
search, knows or has demonstrable 
grounds to know that a valid patent is or 
will be used by or for the government, 
the right holder shall be informed 
promptly;  
 S. 34(4) A request for the Minister's 
authorisation to explo it 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.  
 
s.34(5) Subsection (4) of this section shall not 
apply in cases of  
(a) national emergency or other 
circumstances of extreme urgency provided, 
however, that in such cases the owner of the 
patent  shall be notified of the Minister's 
decision as soon as reasonably practicable.  
(b) public non -commercial use; and  
(c) anti-competitive practices determined as 
such by the Minister.  
 
The provisions on non -voluntary licenses do 
not contain provisions whic h mandate the 
prospective applicant must first seek 
the permission of the right holder. This has 
been flagged for our ongoing legislative 
review.  
 
31(c) the scope and duration of such use 
shall be limited to the purpose for which 
it was authorized, and in  the case of 
semi -conductor technology shall only be 
for public non -commercial use or to 
remedy a practice determined after 
judicial or administrative process to be 
anti-competitive;  
 s. 34(2) The exploitation of the patented 
invention shall be limited to the purpose for 
which it was authorised and shall be subject to 
the payment to the said owner of an adequate 
remuneration therefor, taking into account 
the economic value of the Minister's 
authorisation, as determined in the said 
decision, and, where the M inister has 
determined that practices are anti -competitive, 
the need to correct such practices.  
 
s. 34(6) The exploitation of a patented 
invention in the field of semi -conductor 
technology shall only be authorised for public 
non-commercial use or where a j udicial or 
administrative body has determined that 
the manner of exploitation of the patented 
invention, by the owner of the patent or his or 
her licensee, is anti -competitive, and if 
the Minister is satisfied that the issuance of 
the non -voluntary licence  would remedy such 
practice.  
 
Section 37(10) prohibits the grant of non -
voluntary licenses in the field of semi -
conductor technology. Where the Court is 
minded to grant the licence, it is bound by 
s. 37(3) to expressly order the scope and 
function of the l icence, the time limit within 
which the licensee must begin to exploit the 
patented invention and the amount and 
conditions of remuneration to be paid to 
the first right holder.  IP/Q/KNA/1 • IP/Q2/KNA/1 • IP/Q3 /KNA/1 • IP/Q4/KNA/1  
 
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  TRIPS Conditions  Patents Act  
31(d) such use shall be non -exclusive  s. 34(7) The authorisation shall not ex clude  
(a) the conclusion of license contracts by 
the owner of the patent;  
(b) the continued exercise, by the owner of 
the patent, of his or her rights under 
section  33(2); or  
(c) the grant of a non -voluntary licence 
under section 38 of this Act.  
Under s. 3 7, non -voluntary licenses can be 
granted to "any person interested". Section 
37(5) also gives the Court the power to issue 
a non-voluntary license to the later patent 
holder where that later patent cannot be 
exploited without infringing an earlier patent.  
 
31(e) such use shall be non -assignable, 
except with that part of the enterprise or 
goodwill which enjoys such use;  
 s. 34(2) quoted above  
 
s. 34(8) Where a third person has been 
designated by the Minister, the authorisation 
may only be transferred with t he enterprise or 
business of that person or with the part of 
the enterprise or business within which the 
patented invention is being exploited.  
 
There are no express provisions referring to 
the ability to assign non -voluntary licenses but 
it is open to the  Court to make an order 
related to the scope of the licence.  
 
31(f) any such use shall be authorized 
predominantly for the supply of 
the domestic market of the Member 
authorizing such use;  s. 34(9) The exploitation of the patented 
invention by the Governm ent agency or third 
person designated by the Minister shall be 
predominantly for the supply of the market in 
Saint Christopher and Nevis.  
The beneficiary of a non -voluntary licence shall 
have the right to exploit the patented 
invention only within St. Chri stopher and Nevis 
[s. 37(4)(a)]  
31 (g) authorization for such use shall be 
liable, subject to adequate protection of 
the legitimate interests of the persons so 
authorized, to be terminated if and when 
the circumstances which led to it cease to 
exist and a re unlikely to recur.  
The competent authority shall have the 
authority to review, upon motivated 
request, the continued existence of these 
circumstances;  
 s. 34(11) Upon the request of the owner of 
the patent, the Minister shall terminate 
the authorisation  if he or she is satisfied, after 
hearing the parties, that the circumstances 
which led to his or her decision have ceased to 
exist and are unlikely to recur, or that 
the Government agency or third person 
designated by him or her has failed to comply 
with the terms of the decision.  
s. 34(12) Notwithstanding subsection (11) of 
this section, the Minister shall not terminate 
the authorisation if he or she is satisfied that 
the need for adequate protection of 
the legitimate interests of the Government 
agency or  third person designated by him or 
her justifies the maintenance of the decision.  
The Patent Act grants the right to both 
the right holder and an exclusive licensee to 
bring proceedings before the Court for 
infringement (s. 44).  IP/Q/KNA/1 • IP/Q2/KNA/1 • IP/Q3/KNA/1 • IP/Q4/KNA/1  
 
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  TRIPS Conditions  Patents Act  
31(h) the right holder sh all be paid 
adequate remuneration in the  
circumstances of each case, taking into 
account the economic value of 
the authorization;  
 s.34(2) quoted above  
Where the Court has granted a non -voluntary 
licence, it must fix the amount of 
remuneration to be paid t o the patentee and 
the cond itions of payment. [s.37(3)(c )  
31(i) the legal validity of any decision 
relating to the authorization of such use 
shall be subject to judicial review or other 
independent review by a distinct higher 
authority in that Member;  
 s. 61(1) The Court shall have jurisdiction in 
cases of disputes relating to the application of 
this Act and the Regulations, and in matters 
which, under this Act, may be brought before 
it. 
(2) Any person who is aggrieved by a 
decision of the Minister or the  Registrar under 
this Act may, within two months of that 
decision, appeal to the Court.  
Decisions of the Court in relation to 
compulsory or non -voluntary licenses are 
always subject to judicial review by 
the Eastern Cari bbean Supreme Court of 
Appeal.  
31(j) any decision relating to 
the remuneration provided in respect of 
such use shall be subject to judicial 
review or other independent review by 
a distinct higher authority in that Member  
 s. 61 quoted above  
 
Decisions of the Court in relation to 
compulsory or non -voluntary licenses are 
always subject to judicial review by 
the Eastern Car ibbean Supreme Court of 
Appeal.  
31(k) Competent authorities shall have 
the authority to refuse termination of 
authorization if and when the conditions 
which led to such auth orization are likely 
to recur;  
 s. 61 quoted above  
31(l) where such use is authorized to 
permit the exploitation of a patent 
("the  second patent") which cannot be 
exploited without infringing another 
patent ("the first patent"), the following 
additional c onditions shall apply:  
 
(i) the invention claimed in the second 
patent shall involve an important 
technical advance of considerable 
economic significance in relation to 
the invention claimed in the first patent;  
 
(ii) the owner of the first patent shall be  
entitled to a cross -licence on reasonable 
terms to use the invention claimed in 
the second patent; and 
 
 
 
(iii) the use authorized in respect of 
the first patent shall be non -assignable 
except with the assignment of the second 
patent.  
 Section 37(5) provi des that "Where 
the invention claimed in a patent, referred to 
in this section as a "later patent", cannot be 
exploited in Saint Christopher and Nevis 
without infringing a patent granted on 
the basis of an application benefiting from an 
earlier filing, or,  where appropriate, priority 
date, referred to in this section as an "earlier 
patent", and if the invention claimed in 
the later patent involves an important 
technical advance of considerable economic 
importance in relation to the invention claimed 
in the earlier patent, the Court may, upon 
the application of the owner of the later 
patent, issue a non -voluntary licence to 
the extent necessary to avoid infringement of 
the earlier patent.  
 
 
 
S. 37(6) gives the earlier patent right holder 
the power to apply to  the Court for a non -
voluntary licence in respect of the later patent.  
 
S. 37(8) provides that a transfer of the later 
patent can only be made with the earlier 
patent.  IP/Q/KNA/1 • IP/Q2/KNA/1 • IP/Q3 /KNA/1 • IP/Q4/KNA/1  
 
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  5. Does your legislation provide for the principle of the reversal of burden of proof i n 
a process patent litigation?  Please cite the relevant provisions of law.  
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 b urden of 
establishing that the product was not made by the process shall rest on the defendant if  
(a) the product is new; or  
(b) substantial likelihood exists that the product was made using another process and 
the patentee has  been unable, through reasona ble efforts, to determine the process used.  
C. PROTECTION OF UNDISC LOSED INFORMATION  
6. Please explain in detail if your legislation ensures that undisclosed test or other 
data submitted by an applicant to the responsible State agency in the procedure for 
market authorisation of a pharmaceutical or of an agricultural chemical product is 
protected against disclosure and against unfair commercial use by a competitor, for 
example by prohibiting a second applicant from relying on, or from referring to 
the original data of the first applicant, when applying subsequently for market 
authorisation for his own product.  Does your legislation provide for exceptions to this? 
If yes, under what conditions would such exceptions apply?  Does your legislation set 
a specific  term of protection for undisclosed test or other data of the first applicant?  
There is no legislation for the protection of undisclosed information in Saint Kitts  and Nevis but 
depending on the nature of the information, copyright protection may apply.  
D. ENFORCEMENT  
7. Please indicate remedies provided by your legislation, which constitute effective 
deterrents to infringements of intellectual property rights.  
Please refer to the responses to the Checklist on Issues of Enforcement.  
8. Please describe any n ew initiatives that are planned to improve enforcement of 
intellectual property rights in your country, particularly initiatives related to criminal 
enforcement.  
Please refer to the responses to the Checklist on Issues of Enforcement.  
5  RESPONSES TO THE QUE STIONS POSED BY THE UNITED STATES9 
A. GENERAL  
1. Please describe, in relation to each form of intellectual property covered by 
the TRIPS Agreement, including plant variety protection, the manner in which nation 
treatment and most favoured nation treatment a re provided to nationals of other WTO 
Members.  
Work is being done to draft or pass legislation for plant variety protection and undisclosed 
information in Saint Kitts  and Nevis. For patents, the law expressly provides that an applicant may 
apply for a decl aration claiming priority of one or more earlier national, regional or international 
applications filed in a country or State that is party to the Paris Convention or any member of 
the WTO (s.20). A similar provision exists in the trademark legislation (s.  20). 
                                                
9 Questions from the United States to Saint Kitts and Nevis are contained in documents IP/C/W/268 and 
IP/C/W/268/C orr.1. The responses made by Saint Kitts  and Nevis are cont ained in document IP/C/W/623.  IP/Q/KNA/1 • IP/Q2/KNA/1 • IP/Q3/KNA/1 • IP/Q4/KNA/1  
 
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  B. COPYRIGHT AND RELATE D RIGHTS  
2. Please explain how the copyright law of Saint Kitts  and Nevis  protects computer 
programs as  literary works and complications of data as required by Article 10 of 
the TRIPS Agreement.  
The definition of literary works  in s. 2(1) expressly includes computer programmes. Section 6(2) 
provides that compilations of data are also eligible for protection as a literary work.  
3. Article 11 of the TRIPS Agreement requires that rental rights for computer 
programs and cinematograp hic works be available.  Please cite to the corresponding 
provision of the copyright law of Saint Kitts  and Nevis.  
Section 3(2) of the Act provides that references to the issue of copies of a work in relation to 
sound recordings, films and computer program s, includes the act of issuing copies to the public by 
rental. The exclusive right to issue copies of work to the public is provided for in s. 9(1)(b). 
Section 78 also provides that the Minister may pass an Order to have compulsory licenses issued 
in speci fied circumstances to allow the public to rent sound recordings, films or computer 
programs.  
4. Please describe the protection the copyright law of Saint Kitts  and Nevis provides 
for performers, and the term of the protection.  
Section 108(1)(a) provides th at a performer shall have the exclusive right to prevent any person 
from exploiting his or her performance. Such rights are infringed where a person, without the 
performer's consent, broadcasts live, includes in a cable programme or makes (otherwise than f or 
his or her private domestic use) a record of the whole or any substantial part of a performance 
(s.109).  Term of protection for performances is 50 years after the end of the calendar year of 
the performance (s. 10).  
5. Article 14.2 of the TRIPS Agreemen t provides that producers of phonograms are to 
enjoy the right to authorize or prohibit the direct or indirect reproduction of their 
phonograms.  Article 14.2 requires that producers of phonograms are to have the right to 
authorize or prohibit the commercia l rental to the public of originals or copies of their 
phonograms.  Please describe how the copyright law of Saint Kitts  and Nevis implements 
these obligations and indicate the term of protection.  
Section 6 of the Act confers copyright on original sound re cordings. The producer of that sound 
recording has the exclusive right, under s. 9, to do or authorize other persons to, inter alia  copy 
and issue copies of the work to the public. Section 3(3) further elaborates that references to 
"issuing copies" in rela tion to sound recordings, films and computer programs means the act of 
issuing copies to the public by rental. The term protection, according to s. 11, is fifty years from 
the end of the calendar year in which it was made or where it is made available to t he public 
before the end of that period, fifty years from the end of the calendar year in which it was so made 
available.  
C. TRADEMARKS  
6. Please describe the subject matter that can comprise a trademark under the 
trademark law of Saint Kitts  and Nevis.  
Under the Marks, Collective Marks and Trade Names Act, any visible sign capable of distinguishing 
goods and services can be registered as a trademark or service mark, respectively.  
7. Please describe the procedure that must be followed to register a trademar k in 
Saint Kitts  and Nevis, citing the relevant provisions of the law, and describe the rights 
that the owner of a  registered mark can exercise.  
Section 5 provides that an application for the registration of a mark shall be filed with the Registrar 
on the prescribed form and shall contain the following:  
(a) a request that the mark be registered;  
(b) a reproduction of the mark; and  
(c) a list of the goods or services for which registration of the mark is requested, listed under 
the applicable class or classe s of the International Classification.  IP/Q/KNA/1 • IP/Q2/KNA/1 • IP/Q3 /KNA/1 • IP/Q4/KNA/1  
 
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  The application shall be accompanied by the prescribed application fee. The application may 
contain a declaration claiming the priority, as provided for in the Paris Convention, of an earlier 
national or regional appl ication filed by the applicant or his or her predecessor in title in or for any 
State party to the Convention or any member of the World Trade Organisation, in which case 
the Registrar may require that the applicant furnishes, within the prescribed time li mit, a copy of 
the earlier application, certified as correct by the Office with which it was filed. The effect of 
the declaration shall be as provided in the Paris Convention. Where the requirements of subsection 
(3) of this section and any regulations per taining to that subsection have not been satisfied, 
the declaration shall be considered not to have been made. The applicant may withdraw 
the application at any time before the mark is registered.  
8. Please describe in detail how well -known trademarks are protected in Saint Kitts  
and Nevis, including what factors are considered in determining whet her a trademark is 
well-known.  
Under s. 4(e) of the Act, a well -known trademark is protected to the extent that a prospective 
trademark would not be registered if it is identical to, confusingly similar or constitutes 
a translation of a well -known trade mark in Saint Kitts  and Nevis for identical or similar goods or 
services of another enterprise. If the well -known mark is registered in Saint Kitts  and Nevis, 
the prospective trademark would not be registered even if the goods and services are not identical 
or similar provided that  
1. the use of the prospective mark in relation to those goods and services would indicate 
a connection between the goods or services and the  owne r of the well -known trademarks; and 
2. the interests of the owner of the well -known mark are likely to be prejudiced by such use.  
D. GEOGRAPHICAL INDICAT IONS  
9. Please describe in detail how the laws of Saint Kitts  and Nevis provide for 
the recognition an d protection of geographical indications required by Article 22.2 of 
the TRIPS Agreement, citing to the relevant provisions of law or regulation, and provide 
examples of geographical indications so protected.  
Through s. 13 of the Geographical Indications Act, an interested person may institute proceedings 
in the High Court to prevent the unlawful use of a geographical indication and any use which 
constitutes an act of unfair competition within the meaning of Article 10 bis of the Paris Convention. 
There are  no registered geographical indications in Saint Kitts  and Nevis.  
10. Please describe in detail the manner in which the higher level of protection 
required for wines and spirits under Article 23.2 of the TRIPS Agreement is 
implemented, citing to the releva nt provisions of law or regulation, and provide 
examples of geographical indications for such products.  
In accordance with TRIPS Art. 23.2, s. 13 also enables an interested person to initiate court  
proceedings where a geographical indication is used on a w ine or spirit that does not originate in 
the place indicated by the GI. This protection extends even where the true origin of the goods is 
indicated or the geographical indication is used in translation or accompanied by expressions such 
as "kind", "type",  "style", "imitation" or the like. There are no registered geographical indications 
in Saint Kitts  and Nevis.  IP/Q/KNA/1 • IP/Q2/KNA/1 • IP/Q3/KNA/1 • IP/Q4/KNA/1  
 
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  E. INDUSTRIAL DESIGNS  
11. Please describe the procedure that must be followed to obtain protection for 
textile designs and cite to the relevant pr ovisions of law or regulation.  
There is no legislation on industrial designs in Saint Kitts  and Nevis but depending on the nature of 
the design, it may qualify for copyright protection as an artistic work.  
F. PATENTS  
12. Please describe the procedure that must be followed to obtain protection for 
textile designs and cite to the relevant provisions of law or regulation.  
Provided that the textile design qualifies as a new invention that involves an inventive step and 
that design invention is capable of indust rial application, the inventor can apply for a patent 
through conventional application procedure i.e. by an application to the Registrar.  
13.  Please describe in detail the way in which the patent law of Saint Kitts and Nevis 
implements Article 27 of the T RIPS Agreement, indicating any exceptions to 
patentability provided for, and including details regarding the protection for micro -
organisms and non -biological and microbiological processes and plant varieties. Please 
cite to the relevant provisions of law.  
Section 8 of the Patents Act provides that a patent can be granted for an invention that is new, 
involves an inventive step and is capable of industrial application. The invention may be or relate 
to a product or process. However, s. 10 provides that even  if there are inventions that fall within 
those boundaries, they would be excluded from patentability if the commercial exploitation of such 
inventions are contrary to public order or morality, prejudicial to human, animal or plant life or 
health or prejud icial to the environment. Additionally, inventions that consist of the following 
cannot be patented, that is:  
 (a) discovery, scientific theory or mathematical method;  
(b) a scheme, rule or method for doing business, performing a mental act of playing a g ame; 
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 (this does not apply to products for 
use in any of the methods specified above).  
14.  Please descr ibe in detail the rights provided patent holders under the patent law of 
Saint Kitts and Nevis and cite to the relevant provisions of law.  
By virtue of s. 32 of the Patents Act, no person, other than the patentee, shall exploit a patented 
invention in Saint Kitts  and Nevis without the patentee's authority. An action can be brought in 
the High Court against any person who exploits the invention without authority. The law expressly 
provides that "exploiting" a patented invention means:  
(a) where the patent is  granted in respect of a product,  
i. making, importing, offering for sale, selling, and using it into Saint Christopher and 
Nevis; and  
 ii. stocking the product for the purpose of offering it for sale or selling, or using it; and  
(b) where the patent is gr anted in respect of a process,  
i. using the process; and  
ii. doing any act referred to in paragraph (a) in respect of a product obtained by means 
of that process.  
Section 32(5) further provides that the rights in a patent shall not extend to:  
(a) acts in r espect of articles put on the market in Saint Kitts  and Nevis by the patentee or with 
his or her consent;  
(b) the use of articles on an aircraft, land vehicles or vessels of other countries which 
temporarily or accidentally enter the airspace, territory or  waters of Saint Kitts  and Nevis;  
(c) acts done only for experimental purposes relating to a patented invention;  IP/Q/KNA/1 • IP/Q2/KNA/1 • IP/Q3 /KNA/1 • IP/Q4/KNA/1  
 
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  (d) the extemporaneous preparation for individual cases, in a pharmacy, of a medicine in 
accordance with a medical prescription or acts concern ing the medicine so prepared; or  
(e) acts performed by any person who was, in good faith, while in Saint Kitts  and Nevis, before 
the filing date or where priority is claimed, the priority date of the application on which the patent 
is granted, using the in vention or making effective and serious preparation for such use.  
15.  Please describe in detail any provisions in the laws of Saint Kitts and Nevis 
permitting unauthorized use of a patent, citing to the relevant provisions of law, and 
describe in detail t he conditions under which such use can occur.   
Section 34 provides that the Minister may decide that, even without the agreement of the owner of 
the patent, that a Government agency or a third person designated by the Ministry may exploit 
the invention whe re 
(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 o r 
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 exploitation of the patented invention shall be limited to the purpose for whic h it was 
authorised and shall be subject to the payment to the said owner of an adequate remuneration 
therefor, taking into account the economic value of the Minister's authorisation, as determined in 
the said decision, and, where a decision has been taken  under subsection (b) above, the need to 
correct anti -competitive practices.  
Before deciding to issue a compulsory license, the Minister shall hear the owner of the patent and 
any interested person. A request for the Minister's authorization to exploit a p atented invention 
must be prefaced by a request to the patent holder for a contractual licence. It must be shown 
that that person was unable to obtain such a licence on reasonable commercial terms and 
conditions and within a reasonable time. The requiremen t to obtain the right holder's permission 
can be waived in cases of public non -commercial use, anti -competitive practices and circumstances 
of national or extreme urgency (patent owner should be notified by the Minister as soon as is 
reasonably practicable  in the latter case).  
Additionally, under s. 37 of the Act, the Court may grant a non -voluntary licence. At any time after 
four years has passed since the date of the grant or three years from the date of filing (whichever 
later) an interested person may a pply to the Court for such a licence on the grounds that 
the patented invention is not being exploited or is being insufficiently exploited by working 
the invention within the Federation or by importation thereinto. Where the Court is satisfied that 
such n on-exploitation or insufficient exploitation has not been justified, it will grant the non -
voluntary licence. The Court is then bound to fix the scope and function of the licence, the time 
limit within which the licensee must begin to exploit the patented invention and the amount and 
conditions of the remuneration to be paid to the patentee.  
16.  What term of protection does the patent law of Saint Kitts and Nevis provide for 
patents? Please describe any provisions for extension of the term of protection an d cite 
to the relevant provisions of the law.  
A patent expires twenty years after the filing date of the application [s. 27(1)].  
G. LAYOUT -DESIGNS (TOPOGRAPHIE S) OF INTEGRATED CIR CUITS  
17. Please describe in detail the protection for layout -designs of int egrated circuits 
provided under the laws of Saint Kitts  and Nevis, including the term of protection, and 
cite to the relevant provisions of law.  
Under s. 6 of the Protection of Layout Designs (topographies) of Integrated Circuits Act  makes it 
unlawful to p erform certain acts without the authorisation of the right holder. This includes:  IP/Q/KNA/1 • IP/Q2/KNA/1 • IP/Q3/KNA/1 • IP/Q4/KNA/1  
 
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  (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 reproduct ion 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.  
Section 7 provides that the term of protection is for ten years after the date of commencement. 
Protection co mmences:  
 (a) on the date of the first commercial exploitation, anywhere in the world, of the layout -design 
by, or with the consent of, the right holder, provided that an application for protection is filed by 
the right holder with the Registrar within the  time limit referred to in section 8(3); or  
 (b) on the filing date accorded the application for the registration of the layout -design filed by 
the right holder if the layout -design has not been previously exploited commercially anywhere in 
the world.  
H. PROTECTION OF UNDISCL OSED INFORMATION  
There is currently no legislation dealing with undisclosed information therefore no further response 
can be given to questions 17 to 19.  
18. Please describe in detail how the laws of Saint Kitts  and Nevis provide for 
the protection of undisclosed information as required by Article 39.2 of the TRIPS 
Agreement and provide citations to the relevant provisions of law.  
19. Please describe in detail the manner in which protection is provided test data 
regarding pharmaceutical and agricultural chemical products submitted to 
the government in order to obtain marketing approval in Saint Kitts  and Nevis and cite 
to the relevant provisions of law.  
20. Are other applicants for marketing approval for their o wn versions of  previously 
approved pharmaceutical or agricultural chemical products permitted to rely on data 
submi tted by the earlier applicant? If so, how long a period of exclusivity is given the 
earlier applicant before such reliance becomes possible.  
I. ENFORCEMENT  
21. Please d escribe in detail the manner in which the laws of Saint Kitts  and Nevis 
provide for effective action against infringement of intellectual property rights as 
required by Article 41.1 of the TRIPS Agreement.  
Please refer to the responses to the Checklist on  Issues of Enforcement.  
22. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order 
production of evidence necessary to substantiate a party's claims where that party has 
been unable to obtain such evidence from the opposing party.  Please describe how 
the laws or regulations of Saint Kitts  and Nevis provide this authorization, citing to 
the relevant provisions of law or regulation.  
Please refer to the responses to the Checklist on Issues of Enforcement.  IP/Q/KNA/1 • IP/Q2/KNA/1 • IP/Q3 /KNA/1 • IP/Q4/KNA/1  
 
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  23. Please describe in detail  all of the civil remedies that are available to right holders 
under the laws of Saint Kitts  and Nevis, citing to the relevant provisions of law or 
regulation.  
Please refer to the responses to the Checklist on Issues of Enforcement.  
24.  Please describe in  detail the provisional procedures and remedies available to right 
holders under the laws of Saint Kitts  and Nevis, citing to the relevant provisions of law 
and regulation, and indicate any condition under which a right holder may avail itself of 
those pro cedures and remedies.  
Please refer to the responses to the Checklist on Issues of Enforcement.  
J. SPECIAL REQUIREMENTS  RELATED TO BORDER ME ASURES  
25. Please describe in detail the procedures under the laws of Saint Kitts  and Nevis 
that provide for border e nforcement at least for trademark counterfeiting and copyright 
piracy, identifying the competent authority and citing to the relevant provisions of law 
or regulation.  
Please refer to the responses to the Checklist on Issues of Enforcement.  
26.  Please ind icate if border enforcement is available to owners of other forms of 
intellectual property and, if so, please describe the procedures and remedies available in 
relation to each form of intellectual property, citing the relevant provisions of law.  
Please re fer to the responses to the Checklist on Issues of Enforcement.  
27. Article 58 of the TRIPS Agreement specifies procedures to be followed where the 
competent authorities can act ex officio .  Please explain whether the competent 
authorities in Saint Kitts  and Nevis are empowered to act ex officio  and, if so, please 
identify the intellectual property areas subject to ex officio  action.  
Please refer to the responses to the Checklist on Issues of Enforcement.  
K. CRIMINAL PROCEDURES  
28. Please describe in detail  how the laws of Saint Kitts  and Nevis implement Article 
61 of the TRIPS Agreement that requires Members to have criminal procedures and 
penalties, including imprisonment and/or monetary fines sufficient to act as a deterrent, 
at least for cases of wilful trademark counterfeiting and copyright infringement on 
a commercial scale.  Please cite to the relevant provisions of law and regulation.  
Please refer to the responses to the Checklist on Issues of Enforcement.  
29. Article 61 also requires that remedies in  appropriate cases include the seizure, 
forfeiture and destruction of infringing goods and any materials and implements 
the predominant use of which has been the commission of the offence.  Please describe 
the provisions in the laws of Saint Kitts  and Nevi s that provide for such remedies, and 
describe the circumstances in which those remedies would be imposed, citing to 
the relevant provisions of law or regulation.  
Please refer to the responses to the Checklist on Issues of Enforcement.  
30. Article 61 also indicates that Members may provide for criminal procedures and 
penalties in cases of wilful infringement of other f orms of intellectual property. Please 
describe any provisions of the laws of Saint Kitts  and Nevis that provide for such 
procedures and remed ies, citing to the relevant provisions of law or regulation.  
Please refer to the responses to the Checklist on Issues of Enforcement.  IP/Q/KNA/1 • IP/Q2/KNA/1 • IP/Q3/KNA/1 • IP/Q4/KNA/1  
 
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  L. STATISTICAL QUESTION S 
31.  Please provide statistical information related to civil copyright, trademark, 
geographical i ndication, industrial design, patent, integrated circuit layout -design, and 
trade secret enforcement for 2000, including the number of cases filed;  injunctions 
issued;  infringing products seized;  infringing equipment seized;  cases resolved 
(including settl ement); and the amount of damages awarded.  
Please refer to the responses to the Checklist on Issues of Enforcement.  
32.  Please provide statistical information related to criminal enforcement in the area 
of copyright piracy and trademark infringement for 2 000, including the number of raids, 
prosecutions, convictions, and the amount of fines and/or jail terms (including whether 
the fines were paid and whether the jail term was actually served or was suspended) 
and any other information establishing that the criminal system operates effectively to 
deter copyright piracy and trademark counterfeiting.  
Please refer to the responses to the Checklist on Issues of Enforcement.  
6  RESPONSES TO THE QUESTIONS POSED BY T HE EUROPEAN UNION10 
A. GENERAL PROVISIONS  
1. Please desc ribe if your legislation includes measures necessary to protect public 
health and nutrition, and to promote the public interest in sectors of vital importance to 
your socio -economic and technological development as mentioned under Article 8 of 
the TRIPS Ag reement. If yes, please explain how such measures are consistent with 
the provisions of the TRIPS Agreement.  
Section 34(1) of the Patents Act allows the Minister responsible for intellectual property matters to 
decide, even without the authorization of the  patent owner, that a Government agency or 
designated third party may exploit a patented invention where such exploitation is necessary "in 
the public interest, in particular national security, nutrition, health or the development of other 
vital sectors of  the national economy". Such compulsory licenses may also be granted  where 
the Minister has determined that the patent owner's or licensee's manner of exploitation is anti -
competitive and to issue such a license would remedy that practice.  
B. COPYRIGHT AND  RELATED RIGHTS  
2. Please state how your legislation provides for the protection of the exclusive rights 
of authors in relation to their literary and artistic works, as specified in Article 9 of 
the TRIPS Agreement which requires Members to comply with Articl es 1-21 of the Berne 
Convention and the Appendix to the Berne Convention (1971).  
In accordance with Art. 2(1) of the Berne Convention, section 6 of the Copyright Act grants 
protection to eligible literary and artistic works, inter alia. Literary works are defined as  works, 
other than a dramatic or musical work, which is written, spoken or sung, and accordingly includes 
a written table or compilation or a computer programme. Artistic work refer s to 
(a) a graphic work, photograph, sculpture or collage, whethe r the work is of artistic quality or 
not; 
(b) a building or a model of a building, whether the building or model is of artistic quality or not; 
or 
(c) a work of artistic craftsmanship to which neither paragraph (a) nor paragraph (b) applies.  
Section 9 give s authors the exclusive right to copy the work, to issue copies of the work to 
the public, to perform the work in public or, in the case of a sound recording, film, broadcast or 
cable programme, to play or show the work in public; to broadcast the work or include it in a cable 
                                                
10 Questions from the European Union to Saint Kitts and Nevis are contained in document IP/C/W/274 . 
The responses made by Saint Kitts  and Nevis are contained in document IP/C/W/623.  IP/Q/KNA/1 • IP/Q2/KNA/1 • IP/Q3 /KNA/1 • IP/Q4/KNA/1  
 
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  programme service and to make an adaptation of the work and, in relation to such adaptation, to 
do any or all of the foregoing acts. The right to translate literary and artistic works in Art. 8 is 
expressly included in the defini tion of adaption under the Act.  
Protection lasts for 50 years after the life of the author (s. 10) which is the minimum standard set 
by Art. 7 (this includes anonymous and pseudonymous works). A work of joint authorship qualifies 
for copyright protection if any  of the authors satisfies the eligib ility requirements. 
[Art. 7bis/s. 7(2)].  
The principle of automatic protection in Art 5 of the Berne is reflected as the Act contains no 
formal requirements for protection. The Act contains a number of exceptions permitt ed under 
Berne including artistic and literary works used in administrative and judicial proceedings, 
the course of education, research and private study, criticism or review, reporting of current 
events, incidental inclusion and use for charitable purpose s. Use in such circumstances is subject 
to fair dealing principles (s. 54).  
In accordance with Art. 16, a copyright holder whose rights have been infringed or suspects that 
their rights have been or will be infringed:  
1) has legal recourse to bring an action against the infringer (s.32).  
2) can notify the Comptroller of Customs in writing requesting the Comptroller to treat 
infringing printed copies as prohibited goods under the Customs (Control and Management) 
Act, Cap. 20.04 during a period specified in the no tice  
Section 141 also provides that where a member of the Police Force of or above the rank of 
Inspector is satisfied that there is reasonable cause to believe that an offence against this Act is 
being committed, he or she may give directions to any const able authorising him or her to  
(a) enter and search any premises or place;  
(b) stop, board and search any vessel, other than a ship of war, or any aircraft, other than 
a military aircraft; or  
(c) stop and search any vehicle, in which the constable reasonab ly suspects there is 
an infringing copy of a work or an illicit recording or any article used or intended to be used for 
making infringing copies or illicit recordings; and  
(d) seize, remove or detain  
 (i) any article which appears to the constable to be a n infringing copy or an illicit 
recording or any other article which appears to him or her to be intended for use for making such 
copies or recordings; and  
 (ii) anything which appears to him or her to be or to contain, or to be likely to be or to 
contain,  evidence of an offence under this Act.  
3. Please describe the protection accorded to authors of computer programs,  databases 
or compilations of data.  
Computer programs, databases and compilations of data are eligible for protection as literary 
works and the  attendant economic rights apply. Section 6(2) provides that a compilation of data or 
other material, whether in a machine -readable or other form, is eligible for protection as a literary 
work, except that  
 (a) the compilation shall only be regarded as ori ginal if, by reason of the selection or 
arrangement of its contents, the compilation constitutes the author's own intellectual creation; and  
(b) the protection does not extend to any data or other material forming part of the compilation 
and is without pre judice to any copyright subsisting in any such data or other material.  
The moral right to be identified as the author of a computer programme does not apply unless 
expressly provided for in contract [s. 14(9)]. The moral right to object to derogatory treat ment 
also does not apply to computer programmes. Section 45(4) provides that where an action is 
brought for infringement with respect to a computer programme, and copies of the programme are 
issued to the public in an electronic form bearing a statement  
(a) that a named person was the owner of copyright in the programme at the date of issue of 
the copies; or  
(b) that the programme was first published in a named country or that copies of it were first 
issued to the public in electronic form in a specified ye ar; IP/Q/KNA/1 • IP/Q2/KNA/1 • IP/Q3/KNA/1 • IP/Q4/KNA/1  
 
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  the statement shall be admissible as evidence of the facts stated and presumed to be correct until 
the contrary is proved.  
Copyright in a computer programme shall not be infringed by the rental of copies to the public 
after the end of the period of fif ty years from the end of the calendar year in which copies of it 
were first issued to the public in electronic form [s.78(4)].  
4. Please state whether your legislation provides for a rental right and, if so, the works 
to which it applies . 
Section 3(2) of the Act provides that references to the issue of copies of a work in relation to 
sound recordings, films and computer programs, includes the act of issuing copies to the public by 
rental. The exclusive right to issue copies of work to the public is provided fo r in s. 9(1)(b).  
5. Please describe the rights granted to performers, producers of phonograms (sound 
recordings) and broadcasting organisations under your legislation.  
Section 108 gives performers the exclusive right to prevent any person, without the consent  of the 
performer, from exploiting his or her performance; and a person who has recording rights in 
relation to a performance, shall have the exclusive right to prevent any person, without his or her 
consent from making a recording of that performance. The se rights operate independently of any 
other copyright or moral right in relation to any work used o r performed in the performance.  
A performer's rights are infringed by a person who, without his or her consent,  
(a) makes, otherwise than for his or her pri vate and domestic use, a record of the whole or any 
substantial part of a qualifying performance; or  
(b) broadcasts live, or includes in a cable programme service, the whole or any substantial part 
of a qualifying performance.  
In an action for infringement  of a performer's rights brought by virtue of this section, damages 
shall not be awarded against a defendant who shows that at the time of the infringement he or she 
believed, on reasonable grounds, that consent had been given (s. 109)  
Section 113 provides  that the original phonogram producer and any performer are due 
remuneration where an eligible original phonogram is made available to the public for commercial 
purposes. Performers' rights are also infringed where copies of illicit recordings are imported  into 
Saint Kitts  and Nevis  
Producers of phonograms and broadcast organisations have the right to play or show the work in 
public. They also have the right to copy and issue copies to the public (which includes the right of 
rental). Broadcast organisations  have the right to broadcast the work or to include it in a cable 
programme service. Moral rights are also conferred on these three classes of authors/owners.  
6. Please state whether your legislation provides for any limitation or exception in 
relation to eac h of the rights described above in accordance with the relevant provisions 
of the Berne and Rome Conventions and in light of Articles 13 and 14.6 of 
the TRIPS  Agreement.  
The rights of performers, phonogram producers and broadcast organisations are subject to certain 
limitations. These are:  
 Reception and re -transmission of broadcast in cable programme service (s. 83)  
 Incidental inclusion (s. 119, s.126)  
 Acts done for the purpose of instruction (s. 120)  
 Recording of broadcasts or cable programmes by educatio nal establishment (s. 121)  
 Acts done to performance or recording for parliamentary proceedings (s. 122)  
 Reporting current events (s. 124)  
 Playing sound recording for charitable purposes (s. 125)  
 Making  or use by a prescribed broadcasting organisation for t he purpose of maintaining 
supervision and control over programmes broadcast by that organisation of recordings of 
those programmes. (s.127)  
 Recording broadcast for archival purpose (s. 128)  
 IP/Q/KNA/1 • IP/Q2/KNA/1 • IP/Q3 /KNA/1 • IP/Q4/KNA/1  
 
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  Section 118 provides that the exceptions and limitations are subj ect to the fair dealing principles. 
Section 86 also provides that the Minister may order further exceptions and those specified 
exceptions must be:  
 (a) are necessary in the public interest in connection with an event of national importance;  
(b) would not conflict with the normal exploitation of the work; and  
(c) would not unreasonably prejudice the legitimate interest of the owner of the copyright in the 
work.  
The Order shall also make provision for the payment of equitable remuneration to the copyright 
owner to be determined. The three -step test in Art. 13 of TRIPS is therefore reflected in the Act 
and the requirements of Art. 14(6) TRIPS are satisfied.  
7. Please state the terms of protection of each right described above and the work or 
subject matter to whi ch it applies.  
Section 12(1) provides that copyright in a broadcast or cable programme shall expire at the end of 
a period of fifty years from the end of the calendar year in which the broadcast was made or the 
programme was included in a cable programme s ervice. Copyright in a repeat broadcast or a 
repeat cable programme shall expire at the same time as copyright in the original broadcast or 
cable programme, and accordingly, no copyright shall arise in respect of a repeat broadcast or a 
repeat cable progra mme which is broadcast or, as the case may be, included in a cable 
programme service after the expiry of the copyright in the original broadcast or cable programme. 
A repeat broadcast or a repeat programme means one which is a repeat of a broadcast previou sly 
made, or as the case may be, of a cable programme previously included in a cable programme 
service.  
Section 11(1) provides that copyright in a sound recording or film expires at the end of a period of 
fifty years from the end of the calendar year in w hich it was made, or where it is made available to 
the public before the end of that period, fifty years from the end of the calendar year in which it is 
so made available.  
(2) For the purposes of subsection (1) of this section, a sound recording or film i s made 
available to the public when  
(a) it is first published, broadcast or included in a cable programme service;  
(b) in the case of a film or film soundtrack, the film is first shown in public.  
(3) In determining whether a sound recording or film has bee n made available to the public, for 
the purposes of subsection (2) of this section, any unauthorised act shall be disregarded.  
Moral rights are also conferred on performers, producers of phonograms and broadcast 
organisations and these subsist so long as c opyright exists.  
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. Sect ion 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 wor k 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 thi s 
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.  IP/Q/KNA/1 • IP/Q2/KNA/1 • IP/Q3/KNA/1 • IP/Q4/KNA/1  
 
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  C. TRADEMARKS  
9. Please give the definition of a sign under your national legislation and explain under 
what conditions it is protectable.  
A "sign" is not specifically defined in the  Marks, Collective Marks and Trade Names Act but s. 2 
defines a "mark" as "any visible sign capable of distinguishing the goods ("trademark") or services 
("service mark") of an enterprise" and a collective mark as a visible sign designated as such in 
the application for registration and capable of distinguishing the origin or other common 
characteristic, such as the quality, of goods or services of different enterprises which use the sign 
under the control of the registered owner of that sign.  
By law, a mar k must satisfy the following characteristics:  
(a)  be capable of distinguishing the goods or services of one enterprise fr om those of other 
enterprises;   
(b)  not be contrar y to public order or morality;   
(c)  not be likely to mislead the public or trade circles, in particular, as regards the geographical 
origin of goods or services concerned or their nature or characteristics;    
(d)  not be identical to, or an imitation of, or contain as an element, an armorial bearing, flag or 
other emblem, a name or abb reviation or initials of the name of or official sign or hallmark 
adopted by, any State, inter -governmental Organisation or Organisation created by 
an international convention, unless authorised by the competent authority of that State or 
Organisation;    
(e)  not be identical to, nor confusingly similar to, nor constitute a translation of, a mark or trade 
name which is well known in Saint Christopher and Nevis for identical or similar goods or services 
of another enterprise, or if it is well -known and regis tered in Saint Christopher for goods or 
services which are not identical, or similar to those in respect of which registration is applied for, 
provided, in the latter case, that    
(i) use of the mark in relation to those goods or services would indicate a connection 
between those goods or services and the owner of the well -known mark; and    
(ii) the interests of the owner of the well -known mark are likely to be prejudiced by such 
use; or    
(f)  not be identical to a mark belonging to a different owner and a lready on the Register, nor 
identical to a mark that has been filed earlier or given a priority date, in respect of the same goods 
or services or closely related goods or services, provided that the mark does not closely resemble 
such a mark so as to lik ely deceive or cause confusion.  
10. Please confirm whether or not services are a protectable subject matter in your 
trademark law.  Please confirm if signs, such as trade names, are protectable. Please 
describe if elements such as sound, perfumes and containers are protectable.  
Services are a protectable subject matter in our trademark law. Applications can be made in 
respect of goods and services only. Sounds, smells and containers are not protectable.  
11. Please explain what the requirements of use are, if any, as a condition for 
a trademark registration.  Please explain the definition of use and the conditions of 
maintenance of a registration in that respect.  
There are no requirements of use as a condition for a trademark to be registered. However, 
section 12 allow s an interested person to apply to the Court to have a trademark removed from 
the Register if a registered trademark has not been used for three years or more. Moreover, s. 15 
states that a collective mark can be invalidated if it can be proven that not on ly the registered 
owner uses the mark.  
12. Please confirm whether or not your legislation permits that the registration of 
trademarks be indefinitely renewable.  
Section 10 provides that registration of a mark expires ten years from the initial filing but that on 
the payment of a renewal fee, it can be renewed for consecutive periods of ten years. This implies 
that trademarks may be indefinitely renewable.  
 IP/Q/KNA/1 • IP/Q2/KNA/1 • IP/Q3 /KNA/1 • IP/Q4/KNA/1  
 
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  13. Please describe the special requirements, if any, prescribed by your legislation 
concerning the use of a t rademark.  
Other than the provisions highlighted in question #11 above, there are no further requirements 
concerning the use of trademarks prescribed in the legislation.  
D. GEOGRAPHICAL INDICAT IONS  
14. Please explain whether or not your trademark registration a uthority refuses 
a trademark application if it contains a geographical indication.  
Section 4(c) of the Marks, Collective Marks and Trade Names Act provides that a trademark would 
not be registrable if it is likely to mislead the public or trade circles, in  particular, as regards 
the geographical origin of goods or services concerned or their nature or characteristics.  
15. Please give the definition of a geographical indication in your legislation.  
Section 2 of the Geographical Indications Act provides that "geo graphical indication" means 
an indication which identifies any goods as originating in the territory of a country, or a region or 
locality in that territory, where a given quality, reputation or other characteristic of the good is 
essentially attributable to its geographical origin.  
16. Please describe and explain the provisions of your legislation establishing a link, if 
any, between the characteristics of an indication and its geographical origin.  
The link between the characteristics of an indication and its geographical origin are established in 
the definition of a geographical indication in s. 2 of the Act.  
17. Please describe how additional protection is granted by your legislation to wines and 
spirits. Please mention other types of products, if any, covered by  this additional 
protection.  
Section 13 of the Act enables an interested person to institute proceedings in respect of unlawful 
use of geographical indications. Unlawful use means use of a geo graphical indication on a good  
that does not originate in the ge ographical area indicated therein in a manner which misleads the 
public as to the true geographical origin of the goods. In addition to that protection, s. 13(1)(c) 
provides that it would still constitute unlawful use in respect of wines and spirits where the true 
origin of such goods is indicated or the geographical indication is used in translation or 
accompanied by expressions such as "kind", "type", "style", "imitation" or the like.  
18. Please explain how exceptions under Article 24 of the TRIPS Agreement a re used in 
your jurisdiction. Please provide examples of the use of the exceptions by courts or lists 
of names considered as generic in your jurisdiction.  
The provisions of the Act have never been tested so there are no examples of exceptions by courts 
and a list of names considered as generic in this jurisdiction has never been attempted.  
In accordance with TRIPS Art. 24(3), s. 16(1) provides that nothing in the Act shall prevent 
the continued and similar use, in Saint Christopher and Nevis, of a particul ar geographical 
indication of another country identifying wines or spirits in connection with goods or services by 
any nationals or domiciliaries of Saint Christopher and Nevis who have used that geographical 
indication continuously with regard to the same  or related goods or services in the Federation of 
Saint Christopher and Nevis  
(a) for at least ten years preceding the 15th of April, 1994: or  
(b) in good faith preceding that date.  
 
In accordance with TRIPS Art. 24(5), s. 16(2) provides that where a trad emark has been applied 
for or registered in good faith, or where rights to a trademark have been acquired through use in 
good faith  
(a) before the date of entry into force of this Act; or  
(b) before the geographical indication is protected in its country o f origin,  IP/Q/KNA/1 • IP/Q2/KNA/1 • IP/Q3/KNA/1 • IP/Q4/KNA/1  
 
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  this Act shall not prejudice the registrability of, or the validity of, the registration of a trademark, 
or the right to use a trademark, on the basis that such a trademark is identical to, or similar to, 
a geographical indication.  
In accordance with TRIPS Art. 24(6), s. 16(3) provides that nothing in this Act shall apply in 
respect of a geographical indication of any country with respect to goods or services for which 
the relevant indication is identical to the term customary in common language a s the common 
name for such goods or services in Saint Christopher and Nevis, or in respect of a geographical 
indication of any other country with respect to products of the vine for which the relevant 
indication is identical to the customary name of a grap e variety existing in Saint Christopher and 
Nevis as of the 1st of January, 1995.  
In accordance with TRIPS Art. 24(7), s. 16(4) provides that any application for relief made under 
Part III of this Act in connection with the use or registration of a tradema rk shall be made  
(a) within five years after the unlawful use of the protected indication has become generally 
known in Saint Christopher and Nevis; or  
(b) after the date of the registration and publication of the trademark in Saint Christopher and 
Nevis, provided that  
 (i) the date of registration in paragraph (b) is earlier than the date on which the unlawful 
use became generally known in Saint Christopher and Nevis; and  
 (ii) the geographical indication is not used or registered in bad faith.  
In accordan ce with TRIPS Art. 24(8), s. 16(5) provides that the Act shall in no way prejudice 
the right of any person to use, in the course of trade, that person's name or the name of that 
person's predecessor in business, except where such name is used in such a man ner as to mislead 
the public.  
E. INDUSTRIAL DESIGNS  
There is currently no legislation in SKN for industrial designs. Therefore no further response can be 
given to questions 19 to 22.  
19. Please explain whether or not your legislation extends to the protectio n of designs 
dictated essentially by technical or functional considerations.  Please explain how textile 
designs are protected.  
20. Please explain how your legislation protects right holders of a design against 
importing of articles bearing embodied or copied design.  
21. Please state whether or not your legislation provides for the right to issue 
a compulsory licence for industrial designs.  
22. Please indicate for what period of time your legislation grants protection for 
industrial designs.  
F. PATENTS  
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, b y 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)] IP/Q/KNA/1 • IP/Q2/KNA/1 • IP/Q3 /KNA/1 • IP/Q4/KNA/1  
 
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  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)].  
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 b usiness, 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)]  
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.  
26. Please explain whether or not diagnostic, t herapeutic 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 sur gery 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.  
27. Please explain whether or not plants, animals and essenti ally 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.  
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 patentabi lity. 
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.  IP/Q/KNA/1 • IP/Q2/KNA/1 • IP/Q3/KNA/1 • IP/Q4/KNA/1  
 
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  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 che mical 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.  
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 gr anted 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.  
32. Please explain the additional conditions, if any, in your legislati on 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 re levant 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 an y 
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 cle ar 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 app licant is not the inventor or a joint inventor, he or she 
must provide a written statement justifying his right to the patent.  
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 t hree 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 ha s 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.  
34. Please ex plain 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 partic ular, 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 -compet itive, and he or she is satisfied that the exploitation of 
the invention in accordance with this subsection would remedy such practice.  IP/Q/KNA/1 • IP/Q2/KNA/1 • IP/Q3 /KNA/1 • IP/Q4/KNA/1  
 
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  The legislation does not expressly state that each authorization should be considered on its 
individual merits.  
35. Please e xplain 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 ti me. 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 suc h 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 lice nce, 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 circumstanc es 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.  
36. Please state if your  legislation grants additional protection for innovations after 
the 20 years of patent protection has lapsed.  
The legislation does not grant additional protection for innovations after the twenty -year protection 
period has expired.  
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 p atent 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 a spects. 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.  
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 ma de 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.  
G. LAYOUT -DESIGNS (TOPOGRAPHIE S) OF INTEGRATED CIR CUITS  
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 au thorisation 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 com ply 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 articl e 
incorporating such an integrated circuit in so far as it continues to contain an unlawfully 
reproduced layout -design.  IP/Q/KNA/1 • IP/Q2/KNA/1 • IP/Q3/KNA/1 • IP/Q4/KNA/1  
 
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  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.  
40. Please explain what protection your national legislation grants to right holders 
against the unlawful importation, sale or distribution for co mmercial 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.  
41. Please explain how your legislation provides for the derogation from Article 36 as 
specified in Article  37 of the TRIPS Agreement where a person has no knowledge or 
reasonable grounds to know when acquiring an integrated circuit or an article 
incorporating such an integrated circuit that it contains an u nlawful topography.  
Section 6(3)(d) of the Act provides that protection of layout -designs shall not extend to acts of 
infringement referred to in s. 6(2)(b) (expanded in the answer to question 39) where the person 
performing or ordering the performance of  such an act did not know, and had no reasonable 
ground for knowing, when acquiring the integrated circuit or the article incorporating such 
integrated circuit, that it incorporated an unlawfully reproduced layout -design.  
Section 6(4) further provides that  where such a person who has unknowingly infringed the right 
has received sufficient notice that the layout -design was unlawfully reproduced, that person may 
perform any of the acts referred to in that subsection only with respect to the stock on hand or 
ordered before he received the notice, and shall be liable to pay, to the right holder, a sum 
equivalent to such reasonable royalty as would be payable under a freely negotiated licence in 
respect of such layout -design.  
42. Please state the term of protection g ranted by your legislation to topographies.  
Section 7 provides that the term of protection is for ten years after the date of commencement. 
Protection commences:  
(a) on the date of the first commercial exploitation, anywhere in the world, of the layout -design 
by, or with the consent of, the right holder, provided that an application for protection is filed by 
the right holder with the Registrar within the time limit referred to in section 8(3); or  
(b) on the filing date accorded the application for the regi stration of the layout -design filed by 
the right holder if the layout -design has not been previously exploited commercially anywhere in 
the world.  
H. PROTECTION OF UNDISC LOSED INFORMATION  
There is currently no legislation on the protection of undisclosed information. Therefore no further 
responses can be given to questions 43 to 45.  
43. Please explain whether or not your legislation grants a defined period of time for 
the protection of undisclosed information. If so, please give the time span.  
44. Please explain h ow your legislation defines undisclosed information.  
45. Please explain how your legislation defines data submitted to governments or 
governmental agencies.  
I. ENFORCEMENT  
46. Please describe how your legislation provides for effective action against 
infringement of intellectual property rights.  
Please refer to the responses to the Checklist on Issues of Enforcement.  IP/Q/KNA/1 • IP/Q2/KNA/1 • IP/Q3 /KNA/1 • IP/Q4/KNA/1  
 
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  47. Please explain whether or not your legislation provides for a mechanism to appeal to 
judicial bodies of final administrative decisions.  
Please refer t o the responses to the Checklist on Issues of Enforcement.  
48. Please describe how your legislation authorizes judges to order production of 
evidence by the opposing party.  Please give precise information on what measures are 
taken to ensure the protection of  confidential information.  
Please refer to the responses to the Checklist on Issues of Enforcement.  
49. Please quote provisions of your legislation that authorize judges to order 
a defendant to desist from an infringement.  
Please refer to the responses to the Checklist on Issues of Enforcement.  
50. Please quote what provisions of your legislation authorize judges to order the 
payment to the right holder of adequate damages to compensate the injury he suffered.  
Please refer to the responses to the Checklist on Issue s of Enforcement.  
51. Please quote what provisions of your legislation authorize judges to order 
the payment of the right holder's expenses by the infringer.  
Please refer to the responses to the Checklist on Issues of Enforcement.  
52. Please explain if and how jud ges have the authority to order that infringing goods 
are placed outside channels of commerce or destroyed.  
Please refer to the responses to the Checklist on Issues of Enforcement.  
53. Please quote what provisions of your legislation authorize judges to indemn ify 
a defendant in the event of abuse by the plaintiff.  
Please refer to the responses to the Checklist on Issues of Enforcement.  
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.  
Please refer to the responses to the Checklis t on Issues of Enforcement.  
55. Please identify the competent authorities in your jurisdiction who receive requests 
from right holders for an application to suspend the release of counterfeit goods by 
the customs authorities.  
Please refer to the responses to t he Checklist on Issues of Enforcement.  
56. Please indicate whether or not procedures are available to suspend the exporting of 
counterfeit goods.  
Please refer to the responses to the Checklist on Issues of Enforcement.  
57. Please quote what provisions of your legi slation authorize the competent authorities 
to order the destruction or disposal of infringing goods.  
Please refer to the responses to the Checklist on Issues of Enforcement.  
58. Please indicate whether or not your legislation provides for a de minimis  imports  
exception.  
Please refer to the responses to the Checklist on Issues of Enforcement.  
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.  
Please refer to the responses to the Checklist on Issues of Enforcement.  
 
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