IP/N/6/KNA/1  
 
21 December 2016 
(16-7004) Page: 1/14 
Council for Trade -Related Aspects  
of Intellectual Property Rights  Original: English  
 
 
 
CHECKLIST OF ISSUES ON ENFORCEMENT1 
RESPONSES FROM SAINT KITTS AND NEVI S 
Civil and Administrative Procedures and Remedies  
 
 (a) Civil judicial procedures and remedies  
 
1.  Specify the courts which have jurisdiction over IPR infringement cases.  
 
By virtue  of s. 87 of the Copyright Act, s. 61 of the Patents Act, s. 26 of the Marks, Collective 
Marks and Trade Names Act, s. 22 of the Geographical Indications Act and s. 23 of the Protection 
of Layout Designs (Topographies) of Integrated Circuits Act, the High Court (the term "Supreme 
Court " is used interchangeably) has jurisdiction in cases of disputes relating to the application of 
the respective IPR laws and regulations. In certain cases where criminal offences may be tried 
summarily, these would be heard in the Magistrates Court.  
 
The Federation is a part of the Organisation of Eastern Caribbean States Supreme Court and is 
therefore governed procedurally by the 2000 Civil Procedure Rules which are applicable throughout 
the Eastern Caribbean. The jurisdiction  is a common law one and as such is guided by a 
combination of legislation and judicial decisions. The Supreme Court consists of the High Court and 
the Eastern Caribbean Court of Appeal exercising appellate jurisdiction. Final appeal is to the Privy 
Counci l and on an extremely limited basis to the Caribbean Court of Justice in respect of certain 
CARICOM Single Market and Economy (CSME) issues.  
 
2.  Which persons have standing to assert IPRs? How may they be represented? Are 
there  requirements for mandatory personal appearances before the court by the right 
holder?   
 
The right holders or exclusive licensee are generally the only persons who can assert IPRs. Under 
the Eastern Caribbean Civil Procedure Rules (2000), which govern procedural matters in civil 
matters in the High Court and Court of Appeal, the Court has an overriding objective to deal with 
cases justly. Rule 25.1(d) expressly encourages the court to actively manage cases as far as 
appropriate without requiring parties to attend court. The Magistrate s Code of Procedure which 
governs matters at the magisterial level provides in s. 76 that a party may appear in person or by 
his counsel in criminal matters. Personal appearances are therefore not mandatory but will be a 
matter for the judge or magistrate to determine based on the circumstances of the particular case.  
 
3.  What authority do the judicial authorities have to order, at the request of an 
opposing party, a party to a proceeding to produce evidence which lies within its 
control?  
 
Sections 33, 48 , 134 and 136 of the Copyright Act confer the right of a party to apply to the Court 
for an order to force the opposing party to deliver infringing material that may be in his 
possession. The right applies to goods infringing copyright and related rights i n both criminal and 
civil proceedings. The Patents Act grants similar right to the plaintiff to apply for an order of 
delivery [s. 40(2)]. The trademark legislation does not contain a similar provision but the Eastern 
                                                
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  Caribbean Supreme Court Civil Procedur e Rules grants a judge of the High Court the power to 
grant interim remedies including orders to deliver up goods [Rule 17.1(k)]. The Magistrate Courts ' 
procedure is silent on this matter.  
 
4.  What means exist to identify and protect confidential informat ion brought forward 
as evidence?  
 
Generally the onus would be on the parties to identify the evidence submitted as confidential. 
Depending on the nature of the evidence it may be sealed or otherwise protected. Thereafter the 
evidence would be stored in one  of the Courts ' storage facilities which are only accessible by select 
Court officials. All Government workers swear to oaths of secrecy on entering the civil service.  
 
5.  Describe the remedies that may be ordered by the judicial authorities and criteria,  
legislative  or jurisprudential, for their use:  
 
- injunctions;  
 
-  damages, including recovery of profits, and expenses, including attorney's 
fees;  
 
-  destruction or other disposal of infringing goods and materials/implements 
for their  production;  
 
- any other remedies.  
 
Note generally that in respect of all civil IPR infringement cases, costs which will include expenses 
and attorney fees, can be awarded pursuant to the Civil Procedure Rules or the Magistrates Code 
of Procedure.  
 
Copyright Remedies  
 
An infringement of copyright is actionable at the suit of the copyright owner, and subject to certain 
provisions, in any action for such an infringement, all such relief by way of damages, injunction, 
accounts or otherwise, shall be available to the plaintiff a s is available in respect of infringement of 
both moral and economic rights. Any person whose rights are in imminent danger of being 
infringed, are being infringed or have been infringed, may institute proceedings in the High Court 
for an interim injunctio n. The grant of an injunction shall not deprive a person of any damages 
that may be awarded to him or her for loss sustained by him or her as a result of the infringement 
of his or her right. Injunctions can be granted in addition to any other remedy avail able under the 
Act or power of the Court. They can also be granted at any time including after judgment and 
before a claim has been made (CPR 2000, Rule 17.2). Applications can be made with or without 
notice to the opposing parties.  
 
Damages  
 
Where copyri ght infringement is proved or admitted, the court, having regard to any benefit 
accruing to the defendant by reason of the infringement, the flagrancy of the infringement and to 
all other material considerations, the court shall have power to award such ad ditional damages as 
the court may consider appropriate in the circumstances.  
 
Where in an action for infringement of copyright it is shown that at the time of the infringement 
the defendant did not know and had no reason to believe that copyright subsisted  in the work to 
which the action relates, then the plaintiff shall not be entitled to damages against him or her. 
However, this shall not affect any other remedy available to a plaintiff  referred to in that 
subsection  (s. 32)  
 
Section 35(5) provides that w here an action for infringement of copyright is brought which relates, 
wholly or partly, to an infringement in respect of which the copyright owner and an exclusive 
licensee have or had concurrent rights of action, then, whether or not the copyright owner and the 
exclusive licensee are both parties to the action, the court  
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   (a) shall, in assessing damages take into account the terms of the licence and any 
pecuniary remedy already awarded or available to either of them in respect of the 
infringement;  
 
 (b) shall not direct an account of profits if an award of damages has been made or an 
account of profits has been directed in favour of the other of them in respect of the 
infringement; and  
 
 (c) shall, if an account of profits is directed, apportion the profi ts between them as the 
court considers just subject to any agreement between them.  
 
In respect of performer 's rights, section 112 provides that a reasonable amount of compensation 
may be available to a copyright owner in damages where in action the defenda nt shows that the 
illicit recording was innocently acquired by him or her or a predecessor in title of his or her. 
Damages shall not be awarded against a defendant who shows that at the time of the infringement 
he or she believed, on reasonable grounds, th at consent had been given (s.114)  
 
Destruction or other disposal of infringing goods and materials/implements for their production  
 
A copyright holder can apply to the Court for an order that an infringing copy or article that has 
been delivered up be forf eited to the holder or "destroyed or otherwise dealt with as the court may 
direct " (s. 138). In considering what order, if any, should be made, the Court shall have regard to 
all the circumstances of the case and, in particular,  
 
 (a) where the infringemen t relates to copyright in a work, whether other remedies 
available in an action for infringement of copyright would be adequate to compensate 
the copyright owner and to protect his or her interest;  
 
 (b) where the infringement relates to performer 's rights , whether other remedies 
available in an action for infringement of those rights would be adequate to 
compensate the person or persons entitled to the rights and to protect their interests.  
 
Additionally Members of the Police Force above the rank of Inspec tor have the power to seize, 
remove and detain any article which appears to be an 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 (s. 141). Section 31(4) e xpressly provides that it is an infringement to make, import, 
possess in the course of business, sell or rent  an article specifically designed or adapted for 
making copies of that work, knowing or having reason to believe that it is to be used to make 
infringing copies. All of the usual remedies would therefore be open to a copyright holder whose 
rights have been infringed by the acts in s. 31(4).  
 
Other  
 
In addition to the grant of an injunction or the award of damages for an infringement of moral 
rights, the Court may order the defendant to publish such correction in such terms and in such 
manner as the court may direct.  
 
Trademarks  
 
Under the s. 27 of the trademark legislation, injunctions can be granted for infringements and 
imminent infringements. Damag es can also be awarded and any other remedy provided for in the 
general law can be granted where the rights of a trademark owner or licensee have been infringed. 
An application can also be made for an order to seize, forfeit or destroy any infringing produ ct or 
article or of any product or article of which the infringing product or article forms an inseparable 
part and any article, instrument or thing by which any infringing product or article was produced. 
Similar provision is made in respect of infringing  layout -design, integrated circuit or any product or 
article of which the infringing layout -design or integrated design forms an integral part in s. 24 of 
that legislation.  
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  Patents  
 
Under the patent law, a plaintiff in proceedings for infringement shall b e entitled to relief by way of  
 
 (a) an injunction restraining the defendant from any apprehended act of infringement;  
 
 (b) an order for him or her to deliver up or destroy any patented product in relation to 
which the patent is infringed or any article i n which that product is inextricably 
comprised;  
 
 (c) damages in respect of the infringement;  
 
 (d) an account of the profits derived by him or her from the infringement;  
 
 (e) any other relief provided for in the general law.  
 
Section 40(3) further provid es that where damages are awarded, the Court should not give the 
plaintiff an account of the profits derived from the same infrin gement. In awarding damages, 
s. 40(9) enjoins the Court to calculate such damages taking into account the amount of a 
reasonabl e royalty which would have been payable by a licensee or sub -licensee in respect of the 
patent concerned.  
 
6.  In what circumstances, if any, do judicial authorities have the authority to order 
the infringer  to inform the right holder of the identity of t hird persons involved in the 
production and  distribution of the goods or services found to be infringing and of their 
channels of distribution?  
 
None of the IP related legislation confers authority on adjudicators to order the infringer to identify 
third p arties involved in the production and distribution of infringing goods and services.  
 
7.  Describe provisions relating to the indemnification of defendants wrongfully 
enjoined. To  what extent are public authorities and/or officials liable in such a situati on 
and what "remedial  measures" are applicable to them?  
 
There are no provisions which speak to situations where defendants are wrongfully enjoined. Only 
the Copyright Act speaks to indemnification for public officials. Under s. 50, a copyright owner can 
request in writing that the Comptroller of Customs to treat certain goods as prohibited for a 
specified period (no longer than 5 years once copyright still subsists). The law requires that the 
copyright owner indemnifies the Comptroller against "any such li ability or expenses, whether 
security has been given or not ". 
 
8.  Describe provisions governing the length and cost of proceedings. Provide any 
available data  on the actual duration of proceedings and their cost.  
 
There have not been any IP related matter s before the courts in St. Kitts and Nevis, therefore no 
actual data is currently available on the length and costs of proceedings. However, the overriding 
objective of the Civil Procedure Rules mandates that matters should be dealt with justly which 
includes having matters dealt with expeditiously and in ways to save expense.  
 
 
(b)  Administrative procedures and remedies  
 
9.  Reply to the above questions in relation to any administrative procedures on the 
merits and  remedies that may result from these proc edures.  
 
There are no further procedures to report.  
 
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  Provisional Measures  
 
(a)  Judicial measures  
 
10.  Describe the types of provisional measures that judicial authorities may order, and 
the legal  basis for such authority.  
 
Provisional measures include:  
 
 Under the Copyright Act, granting the power of the Comptroller of Customs to restrict 
importation of infringing copies (s. 50) after the copyright owner has requested him/her 
in writing to do so. Within this request, the owner must, in accordance with TRI PS 
Art. 50, furnish evidence of pending or actual importation and give security and 
indemnity against the Comptroller of Customs. Further provisional measures in relation 
to this restriction can be made by the Minister.  
 The Court also has the power to orde r an injunction on imminent as well as actual 
copyright, patent, trademark, layout design or integrated circuit infringement. This 
would, in accordance with TRIPS Art. 50(1) prevent infringing goods from entering 
channels of commerce. This also applies to trademark infringement as expressly 
provided for in s.27.  
11.  In what circumstances may such measures be ordered inaudita altera parte ? 
 
Under the Civil Procedure Rules, injunctions can be ordered without the other party being heard.  
 
12.  Describe the ma in procedures for the initiation, ordering and maintenance in force 
of provisional  measures, in particular relevant time -limits and safeguards to protect the 
legitimate interests  of the defendant.  
 
As it relates to restrictions on the importation of copyri ght infringing goods at the initiation of the 
right holder, the procedure is set out generally in s. 50 of the Act but specific details such as time 
limits will be fleshed out in regulations which are currently being drafted. Safeguards to protect the 
legitimate interests of the defendant will also be included.  
 
13. Describe provisions governing the length and cost of proceedings. Provide any 
available data  on the actual duration of proceedings and their cost.  
 
The answer to question #8 is applicable under the present query as well.  
 
 
(b)  Administrative measures  
 
14.  Reply to the above questions in relation to any administrative provisional 
measures.  
 
There are no further procedures to report.  
 
 
Special Requirements Related to Border Measures  
 
15.  Indicat e for which goods it is possible to apply for the suspension by the customs 
authorities  of the release into free circulation, in particular whether these procedures 
are available also  in respect of goods which involve infringements of intellectual 
property  rights other than  counterfeit trademark or pirated copyright goods as defined 
in the TRIPS Agreement (footnote  to Article 51). Specify, together with relevant criteria, 
any imports excluded from the application  of such procedures (such as goods from 
anoth er member of a customs union, goods in transit  or de minimis imports). Do the 
procedures apply to imports of goods put on the market in  another country by or with 
the consent of the right holder and to goods destined for exportation?  
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  The Customs (Control and Management) Act lists a number of goods which are generally 
prohibited from importation. Such goods can be seized and are liable to forfeiture. If the owner of 
seized goods wishes to contest the seizure, there are procedures in place to determine wheth er 
the goods should be released. The Copyright Act is the only IP related legislation that expressly 
gives the customs authorities the power to suspend the release of infringing goods but importation 
of infringing goods is a criminal offence under all of t he IP related legislation which would lead to 
the goods being confiscated.  
 
There are no express exclusions as it relates to goods which the suspension procedures may apply 
to. There are no exclusions for goods put on the market in another country by or w ith the consent 
of the right holder and to goods destined for exportation.  
 
16.  Provide a description of the main elements of the procedures relating to the 
suspension of the  release of goods by customs authorities, in particular the competent 
authorities  (Article 51),  the requirements for an application (Article 52) and various 
requirements related to the duration  of suspension (Article 55). How have Articles 53 
(security or equivalent assurance), 56  (indemnification of the importer and of the owner 
of th e goods) and 57 (right of inspection  and information) been implemented?  
 
Section 50 of the Copyright Act provides that a right holder may lodge a notice in writing to the 
Comptroller of Customs requesting the Comptroller to treat infrin ging copies of the s pecified work 
as prohibited goods. The right holder must  
 
(i) Furnish evidence of importation of the goods  
 
(ii) Pay any fees attached to the notice  
 
(iii) Give security to in respect of the Comptroller in respect of any liability or expense that 
the Compt roller may incur in detaining the goods  
 
(iv) Indemnify the Comptroller of Customs against any liability or expenses . 
 
The Government of St. Kitts and Nevis notes the absence of provisions relating to the duration of 
the suspension and indemnification of t he importer and owner of the goods and the right holder 's 
right to inspect the goods in accordance with TRIPS Articles 54 to 57 and will address them in our 
legislative review.  
 
17.  Describe provisions governing the length and cost of proceedings. Provide  any 
available data  on the actual duration of proceedings and their cost. How long is the 
validity of decisions  by the competent authorities for the suspension of the release of 
goods into free circulation?  
 
The answer to question #8 is applicable under th e present query as well.  
 
18.  Are competent authorities required to act upon their own initiative and, if so, in 
what  circumstances? Are there any special provisions applicable to ex officio action?  
 
The Copyright Act does not confer an authority on the C omptroller of Customs to act on his/her 
initiative. Section 141 therein however, grants the power to a police officer above the rank of 
Inspector the right to authorize the following activities where there is a reasonable cause to 
believe that copyright in fringement is being committed:  
 
(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 reaso nably 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  
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  (d) seize, remove or detain  
 
(i) any article which appears to the constable to be an 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 cont ain, evidence of an offence under this Act.  
 
Aggrieved parties , in all IP cases  would have to apply to the Court to activate that competent 
authority.  
 
19.  Describe the remedies that the competent authorities have the authority to order 
and any criteria  regulating their use.  
 
The Copyright Act is the only IP related legislation that has a competent authority outside of the 
High Court i.e. the Customs authority. The Act does not give the Comptro ller of Customs any other 
authority outside of suspending the release of the goods.  Other remedies that can be ordered by 
the Court have been outlined above.  
 
 
Criminal Procedures  
 
20.  Specify the courts which have jurisdiction over criminal acts of infringement of 
IPRs.  
 
Refer to the answer to question #1 above  
 
21.  In respect of which infringements of which intellectual property rights are criminal 
procedures and penalties available?  
 
IP Offence  Penalty  
 
Copyright   
s. 46(1) Any person who, at a time when 
copyright in a work subsists by virtue of this 
Act, 
 
(a) makes for sale or hire;  
 
(b) in the course of a business, sells or lets 
for hire, or offers or exposes for sale or hire, 
exhibits in public or distributes;  
 
(c) imports into Saint Christopher and 
Nevis for purposes other than his or her 
private and domestic  use; or  
 
(d) distributes otherwise than in the course 
of a business to such an extent as to affect 
prejudicially the owner of the copyright;  
 
any article which he or she knows or has 
reason to believe is an infringing copy of that 
work, commits an offence . [s. 46(1)]  
  
On summary conviction to a 
fine not exceeding fifty 
thousand dollars or 
imprisonment for a term not 
exceeding two years or both;  
 
(b) on conviction on 
indictment, to a fine not 
exceeding two hundred and 
fifty thousand dollars or 
imprisonment  for a term not 
exceeding five years or both. 
[s. 46(4)]  
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  IP Offence  Penalty  
 s. 46(2)  A person who, at the time when 
copyright subsists in a work by virtue of this 
Act, makes or has in his or her possession an 
article specifically designed or adapted for 
making copies of t hat work, knowing that it is 
to be used for making infringing copies for 
sale or hire, or for use in the course of 
business, commits an offence.  
 s. 46(5): (a) on summary 
conviction, to a fine not 
exceeding twenty -five 
thousand dollars, or 
imprisonment for  a term not 
exceeding one year or both;  
 
(b) on conviction on 
indictment, to a fine not 
exceeding one hundred 
thousand dollars, or 
imprisonment for a term not 
exceeding three years or both.  
 
 s. 135 (1): A person who, without sufficient 
consent,  
 
(a) make s for sale or hire;  
 
(b) imports into Saint Christopher and 
Nevis otherwise than for his or her private and 
domestic use;  
 
(c) possesses in the course of a business 
with a view to doing any act infringing the 
rights conferred by this Part; or  
 
(d) in the c ourse of a business  
 
 (i) sells or lets for hire;  
 
 (ii) offers or exposes for sale or hire; 
or 
 (iii) distributes;  
 
a recording which is, and which he or she 
knows or has reason to believe is, an illicit 
recording commits an offence,  
 (a) on summary conv iction, to 
a fine not exceeding fifty 
thousand dollars or 
imprisonment for a term not 
exceeding two years or both, 
or 
  
(b) on conviction on 
indictment, to a fine of two 
hundred and fifty thousand 
dollars or imprisonment for a 
term not exceeding five years , 
or both.  
  
s. 135(2): A person who causes a recording of 
a performance made without sufficient 
consent to be shown or played in public, or to 
be broadcast or included in a cable 
programme service so as to infringe any of 
the rights conferred by this Par t, if he or she 
knows or has reason to believe that those 
rights are infringed commits an offence, and 
shall be liable  
  
(a) on summary conviction, 
to a fine not exceeding fifty 
thousand dollars or 
imprisonment for a term not 
exceeding two years, or both;  
 
(b) on conviction on 
indictment, to a fine of two 
hundred and fifty thousand 
dollars or imprisonment for a 
term not exceeding five years, 
or both [s. 135(2)]  
 
  
s. 137(1): A person who makes a false 
representation that he or she is authorised by 
any pers on to give consent for the purposes of 
this Part 8 (Rights in Performances) in relation 
to a performance commits an offence, unless 
he or she believes, on reasonable grounds, 
that he or she is so authorised.   
s. 137(2): on summary 
conviction, to a fine not  
exceeding five thousand dollars 
or imprisonment for a term not 
exceeding six months, or both.  
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  IP Offence  Penalty  
  
s. 143(1): Without prejudice to any other 
written law, any person who  
 
(a) wilfully obstructs a police officer in the 
exercise of his or her powers or the 
performance of his or her duties under this 
Act; 
 
(b) wilfully fails to comply with any 
requirement properly made to him or her by 
the police officer; or  
 
(c) without reasonable excuse, fails to give 
the police officer any other assistance which 
he or she ma y reasonably require to be 
performing his or her duties under this Act;  
 
commits an offence, and shall be liable,  
  
on summary conviction, to a 
fine not exceeding ten 
thousand dollars or 
imprisonment for a term not 
exceeding one year, or both 
[s. 143(1)]  
  
s. 143(2): A person who, when required to 
give information to a police officer in the 
exercise of his or her powers or the 
performance of his or her duties under this 
Act, gives false or misleading information to 
the officer commits an offence and shall  be 
liable  
  
On summary conviction, to a 
fine not exceeding five 
thousand dollars or 
imprisonment for a term not 
exceeding six months, or both. 
[s.143(2)]  
 
Trademarks   
s. 27: An infringement shall consist of the 
performance, in Saint Christopher and Nevi s, 
of any act referred to in  
section 9 of this Act by a person, other than 
the owner of the title of protection, and 
without the agreement of the latter.  
 
s. 9(1) No person shall use a registered mark 
in relation to any goods or services for which 
it is r egistered unless he or she has the 
authorisation of the owner to do so.  
 
s. 17(3): The use of any trade name by a 
third party, whether as a trade name or a 
mark or collective mark, or the use of a 
similar trade name or mark, that is likely to 
mislead the p ublic, is unlawful.  
  
S. 28(1): Any person who 
performs an act which 
constitutes an infringement as 
defined in section 27 of this Act 
or an unlawful act as defined in 
section 17 (3) of this Act 
commits an offence and is 
liable, on conviction, to a fine 
of not less than ten thousand 
dollars and not exceeding 
thirty thousand dollars, or 
imprisonment for a term of not 
less than three years and not 
exceeding ten years, or both.  
 
  
s. 28(2): Any person who  
 
(a) forges a mark or collective mark;  
 
(b) makes any d ie, block, machine or other 
instrument for the purposes of forgoing or of 
being used for forgoing a mark or collective 
mark;  
 
(c) disposes of, or has, in his or her 
possession, any such die, block, machine or 
other instrument;   
On conviction, to a fine of not 
less than fifteen thousand 
dollars and not exceeding forty 
thousand dollars, or 
imprisonment for a term of not 
less than five years and not 
exceeding twelve years, or 
both. [s.28(2)]  IP/N/6/KNA/1  
 
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  IP Offence  Penalty  
  
(d) sells, or has, in his or her possession for 
sale, any goods to  which is affixed a forged 
mark or collective mark;  
 
(e) imports, into Saint Christopher and 
Nevis  
 
 (i) any product or article bearing a 
forged mark or collective mark; or  
 
 (ii) any other infringing product or 
article;  
 
commits an offence, and shall be l iable  
  
  
s. 28(3): Any person who, knowing the same 
to be false,  
 
(a) makes or causes to be made a false 
entry in the Register;  
 
(b) makes or causes to be made any 
document falsely purporting to be a copy of 
an entry in the Register; or  
 
(c) produces, t enders or causes to be 
produced in evidence any such entry or copy 
thereof;  
 
commits an offence, and shall be liable  
  
On conviction, to a fine of not 
less than ten thousand dollars 
and not exceeding thirty 
thousand dollars, or to 
imprisonment for a term o f not 
less than three years and not 
exceeding ten years, or both. 
[s. 28(3)]  
  
s. 28(4): Any person who, for the purpose of  
 
(a) deceiving the Registrar or any other 
officer in the execution of his or her duties 
under this Act; or  
 
(b) procuring or influe ncing the doing or 
omission of any act under this Act;  
 
makes a false statement or representation 
knowing the same to be false, commits an 
offence, and shall be liable  
  
On conviction, to a fine of not 
less than five thousand dollars 
and not exceeding twen ty 
thousand dollars, or 
imprisonment for a term of not 
less than two years and not 
exceeding five years, or both. 
[s. 28(4)]  
 
Patents   
s. 62(1) Any person who intentionally or 
wilfully performs an act which constitutes an 
infringement as defined under sec tion 40 of 
this Act commits an offence  
 
  
He/she is liable to a fine of not 
less than fifteen thousand 
dollars and not more than forty 
thousand dollars, or to 
imprisonment for a term of not 
less than five years and not 
more than twelve years, or 
both. [s. 62(1)]  
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  IP Offence  Penalty  
  
s. 40(1) The patentee shall, in addition to any 
other right, remedy or action available to him 
or her, have the right, subject to 
sections  33.(4), 35, 38 and 42 of this Act, to 
institute Court proceedings against any person 
who infringes the pat ent by performing, 
without his or her authorisation, any of the 
acts referred to in section 33(2) of this Act or 
who performs acts which make it likely that 
infringement will occur.  
 
s.33(2) The r ights referred to in 
subsection  (1) shall be the following, namely,  
 
(a) to continue to do or, as the case may 
be, to do that act himself or herself;  
 
(b) if the act was done or preparations had 
been made to do it in the course of a 
business,  
 
 (i) to assign the right referred to in 
paragraph (a) of this subsection ; 
 
 (ii) to transmit the right referred to in 
paragraph (a) of this subsection to his or her 
heirs upon his or her death or, in the case of a 
body corporate, on its dissolution, to any 
person who acquires that part of the business 
in the course of which th e act was done or 
preparations had been made to do it;  
 
 (iii) to authorise the act to be done by 
any partners of his or her for the time being in 
that business; and  
 
the doing of that act by virtue of the 
provisions of this subsection shall not amount 
to an infringement of the patent concerned.  
  
 
  
S. 62(2) Any person who, knowing the same 
to be false,  
 
(a) makes or causes to be made a false 
entry in the Register;  
 
(b) makes or causes to be made any 
document falsely purporting to be a copy of 
an entry in  the Register; or  
 
(c) produces, tenders or causes to be 
produced or tendered as evidence any such 
entry or copy thereof,  
 
commits an offence  
  
Liable to a fine of not less than 
ten thousand dollars and not 
more than thirty thousand 
dollars, or to impriso nment for 
a term of not less than three 
years and not more than ten 
years, or both. [s.62(2)]  IP/N/6/KNA/1  
 
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  IP Offence  Penalty  
  
s. 62(3) Any person who, knowing the same 
to be false, makes a false statement or 
representation that  
 
(a) a patent or utility model certificate has 
been grant ed to him or her or to any other 
person in respect of any invention; or  
 
(b) he or she has been granted an exclusive 
or non -voluntary licence to use any patent or 
utility model certificate;  
 
which statement or representation induces 
another person to act t hereon, commits an 
offence  
  
Liable to a fine of not less than 
five thousand dollars and not 
more than twenty thousand 
dollars, or imprisonment for a 
term of not less than two years 
and not more than five years, 
or both. [s.62(3)]  
  
s. 62(4) Any person w ho falsely represents 
that anything disposed of by him or her for 
value is patented product or process   
Liable to a fine of not less than 
four thousand dollars and no 
more than ten thousand dollars 
[s. 62(4)]  
 
  
s. 62(8) Any person who represents that a 
patent has been applied for in respect of any 
article disposed of for value by him or her,  
 
(a) and no such application has been made; 
or 
 
(b) the application has been refused or 
withdrawn;  
 
commits an offence  
  
Liable to a fine of not less than 
four thousa nd dollars and not 
more than ten thousand 
dollars.  
 
Topographies   
s. 25 (1) Any person who performs an act 
which is unlawful under section 6 commits an 
offence  
 
s. 6(2): Subject to subsection (3) and to 
section 17, the effect of the protection of a 
layout -design under this Act shall be to make 
the following acts unlawful if performed 
without the authorisation of the right holder:  
 
(a) the reproduction, whether by 
incorporation in an integrated circuit or 
otherwise, of the protected layout -design in 
its ent irety or any part thereof, except the 
reproduction of any part that does not comply 
with the requirement of originality defined in 
section 4;  
  
Liable upon conviction to a fine 
of not less than fifteen 
thousand dollars, but not more 
than forty thousand dol lars, or 
to imprisonment for a term of 
not less than five years, but 
not more than ten years, or to 
both such fine and such 
imprisonment. [s. 25(1)]  IP/N/6/KNA/1  
 
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  IP Offence  Penalty  
  
(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.  
  
  
s. 25(2) Any person who, knowing the same  
to be false  
 
(a) makes or causes to be made a false 
entry in the Register.  
 
(b) makes or causes to be made any 
document falsely purporting to be a copy of 
an entry in the Register; or  
 
(c) produces, tenders or causes to be 
produced in evidence any such en try or copy 
thereof,  
 
commits an offence  
  
Liable, upon conviction to a 
fine of not less than ten 
thousand dollars, but not more 
than thirty thousand dollars, or 
to imprisonment for a term of 
not less than three years, but 
not more than ten years, or to 
both such fine and such 
imprisonment. [s. 25(2)]  
 
Geographical 
Indications   
s. 23(1) Any person who knowingly performs 
any act referred to in section 13 commits an 
offence  
 
s. 13 (1) Any interested person or group of 
persons may institute proceedings in the  
Court to prevent, in respect of any 
geographical indication,  
 
(a) the use of any means in the designation 
or presentation of any goods, which indicates 
or suggests that the goods in question 
originate in a geographical area other than the 
true place of or igin in a manner which 
misleads the public as to the geographical 
origin of the goods;  
 
(b) any use which constitutes an act of 
unfair competition within the meaning of 
Article 10 bis of the Paris Convention;  
 
(c) the use of a geographical indication 
identi fying wines for wines not originating in 
the place indicated by the geographical 
indication in question, or identifying spirits for 
spirits not originating in the place indicated by 
the geographical indication in question, 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.  
  
Liable on conviction, to a fine 
not exceeding forty thousand 
dollars, or to imprisonment for  
a term not exceeding twelve 
years, or to both such fine and 
such imprisonment. [s. 23(1)]  IP/N/6/KNA/1  
 
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22.  Which public authorities are responsible for initiating criminal proceedings? Are 
they required  to do this on their own initiative and/or in response to compl aints?  
 
The Commissioner of Police initiates proceedings in the Magistrates ' Court and the Director of 
Public Prosecutions initiates proceedings in the High Court.  
 
23.  Do private persons have standing to initiate criminal proceedings and, if so, who?  
 
In St. Kitts and Nevis private persons can initiate criminal proceedings only at the Magisterial level. 
Section 31(1) of the Magistrate 's Code of Procedure outlines that "any person " may make a 
complaint against any person committing an offence punishable on  summary conviction unless it 
appears from the enactment on which the complaint is founded that any complaint for such 
offence shall be made only by a particular person or class of persons. None of the IP laws restrict 
the initiation of criminal proceeding s to public authorities.  
 
24.  Specify, by category of IPR and type of infringement where necessary, the 
penalties and other remedies that may be imposed:  
 
-  imprisonment;  
-  monetary fines;  
- seizure, forfeiture and destruction of infringing goods and ma terials and 
implements for their production;  
- other.  
 
See answer to question #21 above.  
 
25.  Describe provisions governing the length and any cost of proceedings. Provide any 
available  data on the actual duration of proceedings and their cost, if any.  
 
See answer to question #8 above.  
 
 
_________