WORLD TRADE  
ORGANIZATION   
IP/N/6/VCT/1 
6 June 2011  
 
(11-2776) 
Council for Trade-Related Aspects of  
Intellectual Property Rights Original:   English 
 
 
 
CHECKLIST OF ISSUES ON ENFORCEMENT1 
 
Responses from Saint Vincent and the Grenadines 
 
 
Civil and Administrative Procedures and Remedies 
 
(a) Civil judicial procedures and remedies 
1. Specify the courts which have jurisdiction over IPR infringement cases. 
 The Courts which have jurisdiction over IPR  infringement cases are as follows: 
 
• The High Court of Justice 
• The Court of Appeal 
• The Judicial Committee of the Privy Council- Final Court of Appeal 
 
2. Which persons have standing to assert IPRs ?  How may they be represented?  Are there 
requirements for mandatory personal appearan ces before the court by the right holder? 
 Which persons have standing to assert IPRs? 
 
Generally speaking, the registered owner of IPRs has standing to assert IPRs. 
 
 Trade Marks 
 Under the Trademarks Act, the registered owner or an authorized user may bring an action for 
infringement. 
 
Copyright 
 
The copyright owner may institute civil proceedings.  
Patents 
  The proprietor of a patent may bring an action for infringement.s.53.  
                                                      
1 Document IP/C/5. IP/N/6/VCT/1 
Page 2  
 
  Layout-designs of Integrated Circuits 
 
The right holder of a layout-design or his li censee (if the licensee h as requested the right 
holder to bring an action for a specific relief and the right holder fails to do so within a reasonable 
time) may bring an action for infringement.s.14(2). 
 
Industrial Designs 
 
The registered owner of an industrial design or his licensee (if the li censee has requested the 
right holder to bring an action for a specific relie f and the right holder fails to do so within a 
reasonable time) may bring an action for infringement. s.21(2). 
 Geographical Indications 
 
Any interested person may bring an action for infringement of geographical indication rights. 
 
How may they be represented? 
 
 A natural person may appear before the Court in person or be represented by an attorney-at-
law, admitted to practise in St. Vincent and the Gr enadines. A body corporate must be represented by 
an attorney-at-law, admitted to practi se in St. Vincent and the Grenadines. 
 
Are there requirements for mandatory perso nal appearances before the court by the 
right holder? 
 
 There are no requirements for mandatory personal appearances before the court by a right 
holder. 
 
3. What authority do the judicial authorities have to order, at the request of an opposing 
party, a party to a proceeding to produ ce evidence which lies within its control? 
The Civil Procedure Rules 2000, provides under Part 33, for a party to obtain evidence prior 
to a hearing and for circumstances in which a person may be required to attend court to give evidence 
or produce a document (Rule 33.1). This may be ach ieved by the issue of a witness summons which is 
a document, issued by the court, requiring a w itness to attend court to give evidence or produce 
documents to the court (Rule 33.2). 
 In addition, Part 34 of the Civil Procedure Rules 2000 enables a party to obtain from any 
other party, information about any matter which is  in dispute in the proceedings. To obtain such 
information, the party must serve the other party with a request identifying the information sought 
(Rule 34.1). Under Rule 34.2, if a party does not give information which another party requested 
within a reasonable time, the party who served th e request may apply to the court for an order 
compelling the other party to do so.  
Under Part 28 of the Civil Procedure Rules 2000 which deals with the disclosure and 
inspection of documents, a party to civil proceedings may be required to  give standard disclosure or 
specific disclosure.  
 If a party is required by any direction of the cour t to give standard disclosure, that party is 
obliged to disclose all documents which are directly  relevant to the matters in question (Rule 28.2). 
 
An order for specific disclosure is defined in Ru le 28.5 as an order that a party must do one or 
more of the following:  IP/N/6/VCT/1 
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• Disclose documents or classes of documents specified in the order; 
• Carry out a search for documents to the extent stated in the order; 
• Disclose any document located as a result of that search. 
 
An order for specific disclosure may be made on an application for such an order or without 
an application (Rule 28.5(2)).  An application for specific disclosure may be made without notice at a case management conference (Rule 28.5(3)). 
 
4. What means exist to identify and protect confidential information brought forward as 
evidence? 
There are no means to identify and protect c onfidential information brought forward as 
evidence. 
 
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 
 
Patents 
 
Remedies for the infringement of patent right s are set out in s.53 of the Patents Act. 
 
Civil proceedings may be instituted by the pate nt owner against a pers on whom he alleges has 
committed an act of infringement.  Without prejudice to the jurisdiction of the Court, the patent owner 
may claim the following remedies:  
• An injunction restraining the respondent from any act of infringement; 
• An order for the respondent to deliver up or destroy any product in relation to which the 
patent is infringed or any article in whic h that product is inextricably comprised; 
• Damages; 
• An account of the profits derived by the respondent from the infringement; 
• A declaration that the patent is valid and has been infringed by the respondent. 
 
Trademarks 
 
Remedies for the infringement of trademark rights are set out in Parts 15-17 of the Trade 
Marks Act, No. 46 of 2003.  
• Civil Remedies: Part 15 ss. 1 00-11 0 
 Sections 100-104 set out what may or may not amount to an infringement of trademark 
rights.  Section 105 provides that the proprietor of a registered trademark may bring an action in the High Court for an injunction and damages or an account of profits. 
 IP/N/6/VCT/1 
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  Geographical Indications 
 
Remedies for the infringement of geographical indications rights are set out in ss:6 and 7 of 
the Geographical Indications Act, No. 24 of 2004.  
• Civil Remedies: s.7 
 Section 7 provides that any interested pers on may institute proceedings in the Court to 
prevent any of the acts referred to in s.6: s. 7(1) 
 
The remedies available to the claimant in such proceedings are, in addition to an injunction, 
the court may award damages and grant any other re medy or relief the Court thinks fit: s. 7(2) 
 
Industrial Designs 
 
Remedies for the infringement of Industrial Designs  rights are set out in s: 21 of the Industrial 
Designs Act, No.20 of 2005. Section 21 (1) defin es what amounts to an act of infringement as 
exploitation of a registered industrial design within the meaning of s. 9(2), without the authorization 
of the owner. 
 
• Civil Remedies: s. 21 (2) 
On the request of the owner of a registered  industrial design or his licensee, the Court 
may grant an injunction to prevent infring ement or an imminent infringement; award 
damages or grant any other relie f provided for in general law. 
 
Layout-Designs of Integrated Circuits 
 
Remedies for the infringement of Layout-Designs of Integrated Circuits rights are set out in 
ss. 14 and 15 of the Layout-Designs of Integrated Circuits Act, No.18 of 2005. 
 
• Civil Remedies: s. 14 (2) 
 On the request of the owner of a registered layout-design or his licensee, the Court may 
grant an injunction to prevent infringement or an imminent infringement; award damages 
or grant any other relief provided for in general law. 
 
Copyright 
 
Civil Remedies 
 
Remedies for the infringement of Economic Rights 
 
Section 28 of the Copyright Act No.21 of 2003, defines what amounts to an infringement of 
copyright. The following have been declared acts of infringement:  
• Any person who without a licence of the owner does or authorizes anyone to infringe the 
economic rights of the owner as enumerated in  s.7; any person who imports any article 
other than for private domestic use which he  knows or has reason to believe is an 
infringing copy; any person who has in hi s possession in the course of business or who 
sells, lets for hire or exhibits in public  an infringing copy in St. Vincent and the 
Grenadines or on any ship or aircraft regi stered in St. Vincent and the Grenadines: 
s. 28(1). 
• Any person who without a licence of the owner makes, imports, possesses in the course 
of trade or sells or lets for hire, any artic le specifically designed or adapted for making 
infringing copies: s. 28(3).  IP/N/6/VCT/1 
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  • Any person who without a licence of the owner transmits infringing copies via a 
telecommunications system (other than by broadcasting or inclusion in a cable programme service): s. 28(4). 
• Where the performance of a protected work tak es place at a place of public entertainment 
without the licence of the owner, the person who gave permission for the premises to be 
used for the performance is lia ble for infringement: s. 28(5) 
• Any person who gives permission for a public performance of a protected work or who 
gives permission for the playing or showing of the work in public by means of any apparatus for playing sound recordings or s howing films or receiving audiovisual images 
by electronic means is liable for infringement: s.28(6). Liability will attach in such cases 
where the person had reason to believe that  the apparatus will be used to infringe 
copyright: s.28(7). 
• Any occupier of premises who gives permission for the apparatus to be brought onto the 
premises is liable for infringement if he had reason to believe that the apparatus would be 
used to infringe copyright: s.28(8). 
• Any person who supplies a copy of a sound recording or film used to infringe copyright 
is liable for infringement if he had reason to believe that what he supplied was likely to 
be used to infringe copyright: s.28(9). 
 
Section 29 provides that the owner of copyright may institute civil action for the infringement 
of his economic rights and the following reme dies shall be available to the claimant: 
 
• TRADEMARKDamages 
• An injunction 
• An account of profits, and 
• Any other remedy as is available in any corresponding proceeding in respect of the 
infringement of proprietary rights: s.29(1). 
 
In assessing damages, the court may take into account the flagrancy of the infringement and 
has power to award additional damages as the court deems fit in the circumstances: s.29(3). 
 
In an action for infringement, the court may grant an order for the delivery up of infringing 
copies or an article designed or adapted for making infringing copies: s.30.  
The owner of copyright may also seize and detain infringing copies: s.31. 
 
Wide injunctions are available to  licensing bodies. A wide injunction is one that extends to all 
the protected works owned by the claimant not with standing that the infringement related to only one 
or some of the protected works: s.32.  
Remedies for the infringement of Moral Rights 
 
The infringement of the moral rights of a copyright owner amounts to a breach of statutory 
duty: s. 39(1). In  an action for the infringement of moral right s, the aggrieved party may be granted an 
injunction: s.39 (2). The court may also order the respondent in an action for infringement, to publish 
such correction in the terms and in the manne r as may be directed by the court: s 39(3). 
 
Remedies for the infringement of Rights in Performances 
 
An infringement of rights in performances is acti onable as a breach of statutory duty: s. 124. 
 
A person having performers or recording rights may apply to the court for the delivery up to 
him of an illicit recording of a performance: s.125. IP/N/6/VCT/1 
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A person having performers or recording rights may also seize and detain an illicit recording 
of a performance: s.126. 
 
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 third persons involved in the 
production and distribution of the goods or services found to be infringing and of their channels of distribution? 
There are no specific provisions in the intellect ual property legislation which vests judicial 
authorities with authority to order the infringer to inform the right holder of the identity of third 
persons involved in the production and distribution of the goods or services found to be infringing and 
of their channels of distribution. However, it is w ithin the jurisdiction of the Court to make any such 
order as the Court may deem fit having regard to the facts and circumstances of each case. 
 
7. Describe provisions relating to the indemnification of defendants wrongfully enjoined. 
To what extent are public authorities and/or officials liable in such a situation and what 
"remedial measures" are applicable to them? 
 
 There are no specific provisions in the intellectual property legislation relating to the indemnification of defendants wrongfully enjoined.  Public authorities and/or officials are not liable 
for the indemnification of defendants wrongfully enjoined. Accordingly, there are no "remedial 
measures". 
 
8. Describe provisions governing the length a nd cost of proceedings.  Provide any available 
data on the actual duration of proceedings and their cost. 
There are no provisions governing the length and cost of proceedings.  
 
There is no available data on the actual duration of proceedings and their cost. 
 
(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 procedures. 
The intellectual property legislation does not provide for administrative procedures and 
remedies in respect of the infringement of intellectual property rights.  
Provisional Measures 
 
(a) Judicial Measures 
 10.  Describe the types of provisional measures that judicial authorities may order, and the 
legal basis for such authority.  
The Civil Procedure Rules 2000, which governs th e conduct of all civil matters before the 
court, sets out the rules pertaining to Interim Remedies in Part 17.  
The court may grant interim remedies which include the following (Rule 17.1(1)):  
(a)  An interim declaration; 
(b) An interim injunction;  IP/N/6/VCT/1 
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  (c)  An order authorizing a person to ente r any land or building in the possession of a 
party to the proceedings for the purposes of carrying out an order under sub-paragraph (h); 
(d) An order directing a party to prepare and file accounts relating to the dispute; 
(e)  An order directing a party to provide information about the location of relevant 
property or assets or to provide informa tion about relevant property or assets which 
are or may be the subject of an application for a freezing order; 
(f)  An order for a specified fund to be paid into  court or otherwise secured where there is 
a dispute over a party's right to the fund; 
(g) An order for interim costs; 
(h) An order for the - 
(i) carrying out of an experiment on or with relevant property; (ii) detention, custody or preservation of relevant property; (iii) inspection of relevant property; (iv) payment of income from relevant property until a claim is decided; 
(v) sale of relevant property (including land ) which is of a peri shable nature or 
which for any other good reason it is desirable to sell quickly; 
(vi) taking a sample of relevant property.  
(i) An order permitting a party seeking to r ecover personal property to pay a specified 
sum of money into court pending the outcome of the proceedings and directing that, if 
the party does so the property must be given up to the party; 
(j)  An order (referred to as a "freezing order") restraining a party from - 
(i) dealing with any asset whether locat ed within the jurisdiction or not; 
(ii) removing from the jurisdiction assets located there; 
(k) An order to deliver up goods; 
(l)  An order (referred to as a "search order") requiring a party to admit another party to 
premises for the purpose of preserving evidence, etc; 
(m) An order (referred to as an "order for interim payment") under rules 17.5 and 17.6 
for payment by a defendant on account of any damages, debt or other sum which the court may find the defendant liable to pay. 
 
In Rules 17.1 (e) and (h), relevant property means property which is the subject of a claim or 
in relation to which any question may arise on a clai m. The list of interim remedies in Rule 17.1 is 
non exhaustive and the court has power to grant in terim remedies which are not listed. An interim 
remedy may be granted by the court whether or not there has been a claim for a final remedy of the 
same kind (Rule 17.1 (2)-(4)). 
 
An order for an interim remedy may be made at any time including before a claim has been 
made or after judgment has been given. The cour t may grant an interim remedy before a claim has 
been made only if the matter is urgent or it is necessar y to do so in the interest of justice (Rule 17.2). 
 
Rule 17.3 sets out the procedure for making an application for an interim order and provides 
that such application must be supported by evid ence on affidavit unless the court orders otherwise. 
This rule further provides that the court may grant an interim remedy on an ex  parte application, if 
there are good reasons for not giving notice. In su ch case, the evidence in su pport of the application 
must state the reasons why notice has not been given.  11. In what circumstances may such measures be ordered in audita altera parte? 
 
Rule 17.3 provides that the court may grant an interim remedy on an ex parte application, if 
there are good reasons for not giving notice. In su ch case, the evidence in support of the application 
must state the reasons why notice has not been given. IP/N/6/VCT/1 
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12. Describe the main procedures for the initia tion, ordering and maintenance in force of 
provisional measures, in particular relevant time- limits and safeguards to protect the legitimate 
interests of the defendant.  
An application for an interim order must be supported by evidence on affidavit unless the 
court orders otherwise. Such application may be made ex parte and the court may grant the interim 
order sought if it appears that there are good reasons for not giving notice Civil Procedure 
Rules 17(3).  
The court may also grant an order for an inte rim remedy at any time including before a claim 
is made or after judgement has been given Civil Procedure Rules 17(2)(1 ).  
There are no specific time limits in respect of provisional measures.  An order for an interim 
remedy will usually contain a "return date" at which time the court can make a further order. 
 
Generally, in order to protect the legitimate in terest of a respondent, the applicant for an 
interim remedy is required to give an undertakin g to pay damages to the respondent for any loss 
sustained as a consequence of the order.  
13. Describe provisions governin g the length and cost of proceedings.  Provide any available 
data on the actual duration of proceedings and their cost. 
 
There are no provisions governing the length and cost of proceedings. 
 
There is no available data on the actual duration of proceedings and their cost. 
 
(b) Administrative Measures 
 
14. Reply to the above questions in relation to any administrative provisional measures.  
Except for provisions concerning border m easures as detailed in the responses to 
questions 15-19, the intellectual property legisla tion does not provide for administrative provisional 
measures in respect of the infringement of intellectual property rights. 
 
Special Requirements related to Border Measures 
 
15. Indicate 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 in fringements of intellectual property rights 
other than counterfeit trademark or pirate d 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 another 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?  Indicate for which goods it is possible to apply fo r 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). 
  IP/N/6/VCT/1 
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  The goods for which it is possible to apply for a suspension by the customs authorities of the 
release into free circulation are as follows:   
Trademarks 
 
Goods manufactured outside Saint Vincent and the Grenadines that are being imported into 
Saint Vincent and the Grenadines a nd which infringe or appear to infringe a registered trademark - 
s.111 and s.112 of the Trade Marks Act, No.46 of 2003. 
 Copyright 
 An infringing copy of a literary, dramatic or musical work, film or sound recording, made 
outside Saint Vincent and the Grenadines - s.48 Copyright Act No.21 of 2003. 
 
Specify, together with relevant criteria, any impo rts excluded from the application of such 
procedures (such as goods from another member  of a customs union, goods in transit or de 
minimis imports). 
 
Trademarks 
  
The Trade Marks Act, No.46 of 2003 does not specify any imports which are excluded from 
seizure by the Customs. 
 Copyright 
 
Pursuant to section 48(4) of the Copyright Ac t No.21 of 2003, the importation of any article 
by a person for his private and domestic use is  not subject to seizure by the Customs. 
 
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? 
 
The Patents Act provides for regional exhaustion of rights - s.28.  The Industrial Designs Act 
provides for national exhaustion of rights -s.9(3). The Copyright Act, Trade Marks Act, Geographical 
Indications Act and the Layout-Designs of Integrated  Circuits Act, do not contain any provisions in 
respect of exhaustion of rights.  
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 applicatio n (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 the goods) and 57 (right of inspection and information) been implemented? 
 
TradeMarks 
 
The proprietor of a registered trademark may notify the Comptroller of Customs of his 
objection to the importation of goods which infringe or  appear to infringe the registered trademark 
(s. 111(1)). 
 
If the registered owner has not given notice or th e notice has expired, an authorized user may 
ask the registered owner to give such notice s. 111( 2).  If the registered owner does not comply with 
the request of an authorized user within 2 mont hs from the day on which the request is made, the 
authorised user may give notice together with any prescribed document s. 111(3), reg. 68(1).  The IP/N/6/VCT/1 
Page 10  
 
  prescribed documents are a copy of the certificate of registration certified by the Registrar as being a 
true copy and issued not more than 2 months befo re the date of the notice;  documents which establish 
that the authorised user has power to give notice of  objection, that the registered owner was requested 
to give notice and the period prescribed for the owner to comply with the request has expired 
reg. 68(2). 
 
In either case, that is, whether notice is given by  the registered owner or the authorized user, 
the notice remains in force for 2 year s unless revoked in writing s.111(4) & (5). 
 
The Comptroller may seize imported goods if the goods bear a sign, that in the opinion of the 
Comptroller, is substantially identical with or deceptively similar to a notified trademark and the 
goods are similar to those in respect of which the trademark is registered s.112(2).  
If the Comptroller has not been given security in an amount he considers sufficient to repay 
the Government the expense that may be incurred by the Government if the goods were seized, he 
may decide not to seize the goods s.112(3). 
 Goods seized under s.112 are required to be kept in a secure place s.112( 4). 
 
As soon as practicable, the Comptroller must give notice of the seizure to the designated 
owner either personally or by registered post.  The goods seized must be identified in the notice 
s.113(a). 
 
The Comptroller must also give notice of seizure to the objector either personally or by 
registered post. The notice must identify the goods seized; give the full name and address of the designated owner and any other information which the Comptroller believes is likely to assist the 
objector to identify the importer of the goods and the notice must state that the goods will be released 
to the designated owner unless the objector brings an action for infringement of the trademark and 
gives the Comptroller notice in writing of the action within 10 working days after he has been notified 
s.113(b).  
At any time prior to the commencement of an action by the objector, the designated owner 
may notify the Comptroller in writing that he consents to the goods being forfeited to the crown s.114. 
 The Comptroller shall release the goods to the desi gnated owner if the objector fails to bring 
an action within the period specifi ed in s.113(b); or if before the end of the prescribed period for 
bringing an action, the objector c onsents to the release of the goods. 
 
The Comptroller is vested with discretion to release the seized goods to  the designated owner 
if before the end of the prescribed period for bringing an action, the Co mptroller is satisfied that there 
are no reasonable grounds for believing that the trad emark has been infringed by the importation and 
the objector has not brought an action for infringement s.11S. 
 
At any time, the court may order that the seize d goods be released to the designated owner on 
such terms and conditions as the court may deem fi t or the court may order that the seized goods be 
forfeited to the state s.116(3).  
If the court decides that the trademark w as not infringed by the importation and the 
designated owner satisfies the court that he has su ffered loss as a result of the seizure, the court may 
order the objector to pay compensation to the designated owner s.116(4). 
 
If infringing goods are imported into Saint Vincen t and the Grenadines and the Comptroller, 
relying on evidence received, is satisfied that the use of the trademark on the goods is fraudulent, the  IP/N/6/VCT/1 
 Page 11 
 
 
  Comptroller may ask the importer or his agent to pr oduce any document relating to the goods; to give 
information about the name and address of the pe rson by whom the goods we re consigned to Saint 
Vincent and the Grenadines and the name and ad dress of the person in Saint Vincent and the 
Grenadines to whom the goods were consigned s.122(1) .  If the importer or his agent intentionally or 
recklessly fail to comply with the request within the prescribed period, the importer or agent commits 
an offence and is liable on conviction to a fine of  XCD 10 000.00 s.122(2).  The period for complying 
with a request under s.122(1) is 10 working days from the day on which the request is made Regulation 69, Trade Marks Regulations 2004. 
 Copyright 
 
By virtue of section 48(1) of the Copyright Act No.21 of 2003, the owner of the copyright in 
any published literary, dramatic or musical work  may give written notice to the Comptroller of 
Customs that he is the owner of th e copyright in the work and that he requests the Comptroller, during 
the period specified in the notice copies of the wo rk, film or sound recording to which this section 
applies. 
 
Section 48(3) provides that the section applies to any infringing copy of a literary or musical 
work or film or sound recording made outside Saint Vincent and the Grenadines.  
Section 48(2) provides that the period specified  in a notice shall not exceed five years and 
shall not extend beyond the end of the period for which copyright may subsist. 
  
The owner of the copyright in a literary or mu sical work, film or sound recording who gives 
notice to the Comptroller is required to comply w ith such conditions with respect to the form of 
notice, furnishing evidence, payment of fees, gi ving of security and any other incidental or 
supplementary matter as may be prescribed. 
 
In addition to these provisions, any police officer , not below the rank of Sargeant, may enter 
and search any premises or place; stop and search any vehicle; stop, board and search any vessel or 
aircraft (other than a ship of war or a military ai rcraft) if he reasonably suspects that there is an 
infringing copy of a work or any article used or intended to be used for making infringing copies and 
the officer may seize, remove or detain the infringing ar ticle or any article used or intended to be used 
for making infringing copies.  The officer may al so remove any other evidence of infringement: 
s. 138(1).  
A police officer may, in the exercise of hi s duties under s. 138(1), break open any outer or 
inner door; forcibly board any vessel, aircraft or  vehicle; remove by force any person or thing 
obstructing him; detain any person found until the sear ch is completed and detain any vessel, aircraft 
or vehicle until it has been searched: s. 138(2).  
Any person who wilfully obstructs a member of the police force in the exercise of his power; 
or who wilfully fails to comply with any requ irement properly made; or who without reasonable 
excuse fails to give assistance which he may be reas onably required to give, is  guilty of an offence 
and liable on conviction to a fine not exceedi ng Two Thousand Five Hundred Eastern Caribbean 
Dollars (XCD2,500.00) or to imprisonment for a maximum term of 12 months: s.140. 
 
17. Describe provisions governing the length a nd cost of proceedings.  Provide any available 
data on the actual duration of proceedings and th eir cost.  How long is the validity of decisions 
by the competent authorities for the suspension  of the release of goods into free circulation? 
 
There are no provisions governing the length and cost of proceedings. 
 IP/N/6/VCT/1 
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  There is no available data on the actual duration of proceedings and their cost. 
 There are no provisions concerning the length of time that a decision by the competent 
authorities for the suspension of the release of goods into free circulation, remains valid. 
 
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? 
 
Trademarks 
 
Under the Trade Marks Act No.46 of 2003, if infringing goods are imported into Saint 
Vincent and the Grenadines and the Comptroller, relyi ng on evidence received, is satisfied that the use 
of the trademark on the goods is fraudulent, the Co mptroller may ask the importer or his agent to 
produce any document relating to the goods; to give  information about the name and address of the 
person by whom the goods were c onsigned to Saint Vincent and the Grenadines and the name and 
address of the person in Saint Vincent and the Gren adines to whom the goods were consigned s.l22(l). 
If the importer or his agent intentionally or reckl essly fail to comply with the request within the 
prescribed period, the importer or agent commits an offence and is liable on conviction to a fine of 
XCD 10 000.00 s.122(2). The period for complying with  a request under s.l22(1) is 10 working days 
from the day on which the request is made Re gulation 69, Trade Marks Regulations 2004. 
 
 Copyright 
 
Under the provisions of the Copyright Act No.21 of 2003, any police officer, not below the 
rank of Sargeant, may enter and search any premises or place; stop and search any vehicle; stop, board 
and search any vessel or aircraft (o ther than a ship of war or a military aircraft) if he reasonably 
suspects that there is an infringing  copy of a work or any article used or intended to be used for 
making infringing copies and the officer may seize, re move or detain the infringing article or any 
article used or intended to be used for making in fringing copies. The officer may also remove any 
other evidence of infringement: s. 138(1).  
A police officer may, in the exercise of hi s duties under s. 138(1), break open any outer or 
inner door; forcibly board any vessel, aircraft or  vehicle; remove by force any person or thing 
obstructing him; detain any person found until the sear ch is completed and detain any vessel, aircraft 
or vehicle until it has been searched: s.138(2).  
Any person who wilfully obstructs a member of the police force in the exercise of his power; 
or who wilfully fails to comply with any requ irement properly made; or who without reasonable 
excuse fails to give assistance which he may be reas onably required to give, is  guilty of an offence 
and liable on conviction to a fine not exceedi ng Two Thousand Five Hundred Eastern Caribbean 
Dollars (XCD 2,500.00) or to imprisonment for a maximum term of 12 months: s.I40. 
 
19. Describe the remedies that the competent authorities have the authority to order and 
any criteria regulating their use. 
 
The competent authorities do not have authority to order any remedies for infringement.  All 
remedies are decided by the courts.  Criminal Procedures  20. Specify the courts which have jurisdiction  over criminal acts of infringement of IPRs. 
 
The Courts which have jurisdiction over cr iminal acts of infringement are as follows:  IP/N/6/VCT/1 
 Page 13 
 
 
   
• The Magistrates' Courts - Summary Offences 
• The High Court of Justice - Indictable Offences 
• The Court of Appeal 
• The Judicial Committee of the Privy Council - Final Court of Appeal 
 
21. In respect of which infringements of which intellectual property rights are criminal 
procedures and penalties available?  
 Trademarks 
 
Remedies for the infringement of trademark rights are set out in Parts 15-17 of the 
Trademarks Act, No. 46 of 2003. 
 
Criminal Remedies: Part 17 ss: 123-135 
The following are offences under this Part: 
-  to falsify or unlawfully remove a trademark: s.123 -  to falsely apply a registered trademark: s.124 -  to manufacture a die, block, machine or instrument to be used to commit an offence 
against s.123 or s.124: s. 125(1) 
-  to draw or program a computer or other de vice to draw a registered trademark or part 
of a registered trademark to commit an offence against s.123 or s.124: s. 125(2) 
-  to possess a die, block, machine, instrument, computer or some other device 
programmed to draw a registered trademark or part thereof or a representation of a registered trademark or part thereof to commit an offence against s. 123 or s. 124: 
s. 125(3) 
-  to sell, expose for sale, possess or import goods with false trademarks: s.l26 
 
The penalty on conviction for any of these offe nces is a fine not exceeding Two Hundred and 
Fifty Thousand Eastern Caribbean Dollars (XCD 250,000.00): s.127  
Copyright 
 
Remedies for the infringement of Economic Rights 
 
Any person who without a licence of the copyright owner, makes for sale or hire, or in the 
course of business sells or lets for hire, or offers or exposes for sale or hire, exhibits in public or 
distributes, imports in St. Vincent and the Grenadin es for a purpose other than private domestic use or 
distributes otherwise than in the course of business to an extent that prejudicially affects the copyright 
owner, any article which he knows or believes to be an infringing copy, commits an offence:  s.44(1 ). 
 
The penalty imposed on conviction is a maxi mum fine of Five Thousand Five Hundred 
Eastern Caribbean Dollars (XCD5,500.00) for each article to which the offence relates.  In  the case of 
a subsequent conviction, the defendant is liable to a fine as may be determined by the court or to 
imprisonment for a term not exceeding 2 years: s. 44(4).  
Any person who makes or has in his possession an article specifically designed or adapted for 
making copies of a particular 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. 44(2). 
 
Any person who causes a literary, dramatic or musical work to be performed in public 
without authorization or who causes a sound recordi ng or film to be played or shown in public IP/N/6/VCT/1 
Page 14  
 
  knowing or having reason to believe that copyright subsists in the work and that the performance 
constitutes an infringement of copyright, commits an offence: s. 44(3).  
The penalty on conviction of an offence under s. 44(2) or 44(3) is a fine not exceeding One 
Thousand Five Hundred Eastern Caribbean Dollars  (XCD1,500.00) and on any subsequent conviction 
to the aforementioned fine or to a term of imprisonment not exceeding 12 months: s. 44(5). 
 Remedies for the infringement of Rights in Performances 
 
It is an offence for a person without sufficient c onsent to make for sale or hire; import into St. 
Vincent and the Grenadines otherwise than for his private and domestic use; possess in the course of a 
business with a view towards committing an infringing act; sell or let for hire, offer or expose for sale 
or hire, or distribute in the course of a busin ess a recording which is and which he knows or has 
reason to believe is an illicit recording: s. 127(1).  
It is an offence for a person who causes a reco rding 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, 
if he knows or ought to have known that he was infringing the performers rights: s.127(2). 
 
A person guilty of an offence under s.l27(1) or s.127(2) is liable on summary conviction to a 
fine not exceeding Two Thousand Five Hundred Eastern Caribbean Dollars (XCD2,500.00) or to 
imprisonment for a term not exceeding 12 months; or  on indictment to a fine not exceeding Fifty 
Thousand Eastern Caribbean Dollars (XCD50, 000.00)  or to imprisonment for term not exceeding 
5 years or to both fine and imprisonment: s.127(6). 
 
In the course of the above mentioned proceedings  the court may order the delivery up of illicit 
recordings: s.128. 
 
Any police officer, not below the rank of Sargeant, may enter and search any premises or 
place; stop and search any vehicle; stop, board and search  any vessel or aircraft (other than a ship of 
war or a military aircraft) if he reasonably suspects that there is an infringin g copy of a work or any 
article used or intended to be used for making in fringing copies and the officer may seize, remove or 
detain the infringing article or any article used or intended to be used for making infringing copies. 
The officer may also remove any other evidence of infringement: s. 138(1).  
A police officer may, in the exercise of hi s duties under s. 138(1), break open any outer or 
inner door; forcibly board any vessel, aircraft or  vehicle; remove by force any person or thing 
obstructing him; detain any person found until the sear ch is completed and detain any vessel, aircraft 
or vehicle until it has been searched: s. 138(2).  
Any person who wilfully obstructs a member of the police force in the exercise of his power; 
or who wilfully fails to comply with any requ irement properly made; or who without reasonable 
excuse fails to give assistance which he may be reas onably required to give, is  guilty of an offence 
and liable on conviction to a fine not exceedi ng Two Thousand Five Hundred Eastern Caribbean 
Dollars (XCD 2,500.00) or to imprisonment for a maximum term of 12 months: s.140. 
 
Where any offence created by the Copyright Ac t is committed by a body corporate with the 
consent or connivance of any director, manager, secretary or any person purporting to act in such 
capacity, then that person as well as the body cor porate is guilty of an offence and liable to 
prosecution: s.141.   IP/N/6/VCT/1 
 Page 15 
 
 
  Geographical Indications 
 
Remedies for the infringement of geographical indications rights are set out in ss.6 and 7 of 
the Geographical Indications Act, No. 24 of 2004.  
• Criminal Remedies: s:6 
The following are enumerated as offences: 
- No person shall in the designation or presentation of goods, by any means, indicate or 
suggest that the goods originate in a geographical area other than the true place of origin in such a manner as would mislead the public as to the geographical origin of 
the goods: s. 6 (l)(a) 
 - No person shall use a geographical indication identifying wines for wines not 
originating in the place indicated or identifying  spirits for spirits not originating in the 
place indicated, even where the true orig in 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: s. 6 (1) (b) 
 
-  No person shall engage in conduct which constitutes an act of unfair competition, 
including acts which create confusion, fal se allegations in the course of trade and 
misleading indications or allegations: s. 6 (1 ) (c) 
  
Any person who contravenes this section is liabl e on conviction to a fine not exceeding Ten 
Thousand Eastern Caribbean Dollars (XCD 10,000.00) or  to imprisonment for 2 years or to both fine 
and imprisonment. 
 
Industrial Designs 
 
Remedies for the infringement of Industrial Designs  rights are set out in s: 21 of the Industrial 
Designs Act, No.20 of 2005. Section 21(1) defines what amounts to an act of infringement as exploitation of a registered industrial design within the meaning of s. 9(2), without the authorization of the owner. 
 
• Criminal Remedies: s: 21(3) 
Any person who contravenes the exclusive rights set  out in s. 9(2) commits an offence and is 
liable on summary conviction to a fine of Ten T housand Eastern Caribbean Dollars (XCDI0,000.00) 
or to imprisonment for 5 years. 
 
Layout-Designs of Integrated Circuits 
 
Remedies for the infringement of Layout-Designs of Integrated Circuits rights are set out in 
ss. 14 and 15 of the Layout-Designs of Integrated Circuits Act, No.l8 of 2005. 
 
• Criminal Remedies: s: 15 
Any person who contravenes the exclusive rights set out in s. 6 commits an offence and is 
liable on summary conviction to a fine of Five Thousand Eastern Caribbean Dollars (XCD5,000.00) 
or to imprisonment for 3 years:s.15(1).  In addition to the prescribed fine and term of imprisonment, 
the Court may order the seizure, forfeiture and destruc tion of the lay-out design, integrated circuit or 
articles concerned and of any material or implement, predominantly used to commit an 
offence:s.l5(2).  IP/N/6/VCT/1 
Page 16  
 
  22. Which public authorities are responsible for initiating criminal proceedings?  Are they 
required to do this on their own initiative and/or response to complaints?  
Criminal proceedings are initiated by the police acting on the advice of the Director of Public 
Prosecutions. 
 
Criminal proceedings are initiate d in response to a complaint. 
 
23. Do private persons have standing to init iate criminal proceedings and, if so, who? 
 
Private persons have standing to initiate crimin al proceedings. According to s.70 (2) of the 
Criminal Procedure Code any person may make a comp laint to a magistrate, if that person reasonably 
and with probable cause believes that an offence h as been committed by any person. A private person 
may conduct a private prosecution in person or by a legal practitioner. Any such person must first 
obtain a fiat from the Director of Public Prosecutions. 
 
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 materials and 
implements for their production; 
-  other 
 
Trademarks 
 
Remedies for the infringement of trademark rights are set out in Parts 15-17 of the Trade 
Marks Act, No. 46 of 2003.  
• Criminal Remedies: Part 17 ss: 123-135 
The following are offences under this Part: 
- to falsify or unlawfully remove a trademark: s.123 
- to falsely apply a registered trademark: s.124 - to manufacture a die, block, machine or in strument to be used to commit an offence 
against s.123 or s.124: s. 125(1) 
-  to draw or program a computer or other devi ce to draw a registered trademark or part of a 
registered trademark to commit an o ffence against s.123 or s.124: s. 125(2) 
- to possess a die, block, machine, instrument , computer or some other device programmed 
to draw a registered trademark or part thereof or a representation of a registered trademark or part thereof to commit an offence against s. 123 or s. 124: s. 125(3) 
 -  to sell, expose for sale, possess or import goods with false trademarks:  s.126  
The penalty on conviction for any of these offe nces is a fine not exceeding Two Hundred and 
Fifty Thousand Eastern Caribbean Dollars (XCD250,000.00): s.127 
 Copyright 
 
Remedies for the infringement of Economic Rights 
 
Any person who without a licence of the copyright owner, makes for sale or hire, or in the 
course of business sells or lets for hire, or offers or exposes for sale or hire, exhibits in public or distributes, imports in St. Vincent and the Grenadin es for a purpose other than private domestic use or  IP/N/6/VCT/1 
 Page 17 
 
 
  distributes otherwise than in the course of business to an extent that prejudicially affects the copyright 
owner, any article which he knows or believes to be an infringing copy, commits an offence:  s.44(1). 
 
The penalty imposed on conviction is a maxi mum fine of Five Thousand Five Hundred 
Eastern Caribbean Dollars (XCD 5,500.00) for each article  to which the offence re lates.  In the case of 
a subsequent conviction, the defendant is liable to a fine as may be determined by the court or to 
imprisonment for a term not exceeding 2 years: s. 44(4).  
Any person who makes or has in his possession an article specifically designed or adapted for 
making copies of a particular 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. 44(2). 
 
Any person who causes a literary, dramatic or musical work to be performed in public 
without authorization or who causes a sound recordi ng or film to be played or shown in public 
knowing or having reason to believe that copyright subsists in the work and that the performance 
constitutes an infringement of copyright, commits an offence: s. 44(3). 
 The penalty on conviction of an offence under s. 44(2) or 44(3) is a fine not exceeding One 
Thousand Five Hundred Eastern Caribbean Dollars  (XCD1,500.00) and on any subsequent conviction 
to the aforementioned fine or to a term of imprisonment not exceeding 12 months: s. 44(5).  
Remedies for the infringement of Rights in Performances 
 
It is an offence for a person without sufficient c onsent to make for sale or hire; import into St. 
Vincent and the Grenadines otherwise than for his private and domestic use; possess in the course of a 
business with a view towards committing an infringing act; sell or let for hire, offer or expose for sale 
or hire, or distribute in the course of a busin ess a recording which is and which he knows or has 
reason to believe is an illicit recording: s. 127(1).  
It is an offence for a person who causes a reco rding 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, 
if he knows or ought to have known that he was infringing the performers rights: s.127(2). 
 
A person guilty of an offence under s.127(1) or s.127(2) is liable on summary conviction to a 
fine not exceeding Two Thousand Five Hundred Eastern Caribbean Dollars (XCD2,500.00) or to 
imprisonment for a term not exceeding 12 months;  or on indictment to a fine not exceeding Fifty 
Thousand Eastern Caribbean Dollars (XCD50, 000.00)  or to imprisonment for term not exceeding 
5 years or to both fine and imprisonment: s.127(6). 
 In the course of the above mentioned proceedings  the court may order the delivery up of illicit 
recordings: s.128.  
Any police officer, not below the rank of Sargeant, may enter and search any premises or 
place; stop and search any vehicle; stop, board and search  any vessel or aircraft (other than a ship of 
war or a military aircraft) if he reasonably suspects that there is an infringin g copy of a work or any 
article used or intended to be used for making in fringing copies and the officer may seize, remove or 
detain the infringing article or any article used or  intended to be used for making infringing copies.  
The officer may also remove any other evidence of infringement: s. 138(1). 
 
A police officer may, in the exercise of hi s duties under s. 138(1), break open any outer or 
inner door; forcibly board any vessel, aircraft or  vehicle; remove by force any person or thing 
obstructing him;  detain any person found until the search is comp leted and detain any vessel, aircraft 
or vehicle until it has been searched: s.138(2). IP/N/6/VCT/1 
Page 18  
 
   
Any person who wilfully obstructs a member of the police force in the exercise of his power; 
or who wilfully fails to comply with any requ irement properly made; or who without reasonable 
excuse fails to give assistance which he may be reas onably required to give, is  guilty of an offence 
and liable on conviction to a fine not exceedi ng Two Thousand Five Hundred Eastern Caribbean 
Dollars (XCD2,500.00) or to imprisonment for a maximum term of 12 months: s.140. 
 
Where any offence created by the Copyright Ac t is committed by a body corporate with the 
consent or connivance of any director, manager, secretary or any person purporting to act in such 
capacity, then that person as well as the body cor porate is guilty of an offence and liable to 
prosecution: s.141. 
 
Geographical Indications 
 
Remedies for the infringement of geographical indications rights are set out in ss.6 and 7 of 
the Geographical Indications Act, No. 24 of 2004. 
 
• Criminal Remedies: s:6 
The following are enumerated as offences: -  No person shall in the designation or presentation of goods, by any means, indicate or 
suggest that the goods originate in a geographical  area other than the true place of origin 
in such a manner as would mislead the public as to the geographical origin of the goods: 
s. 6 (I) (a) 
-  No person shall use a geographical indication identifying wines for wines not originating 
in the place indicated or identifying spirits for spirits not originating in the place indicated, even where the true origin of the goods is indicated or the geographical 
indication is used in translation or accomp anied by expressions such as "kind", "type", 
"style", "imitation" or the like: s. 6 (1) (b) 
- No person shall engage in  conduct which constitutes an act of unfair competition, 
including acts which create confusion, false allegations in the course of trade and misleading indications or allegations: s. 6 (l)(c) 
 
Any person who contravenes this section is liabl e on conviction to a fine not exceeding Ten 
Thousand Eastern Caribbean Dollars (XCD10,000.00) or  to imprisonment for 2 years or to both fine 
and imprisonment. 
 Industrial Designs 
 
Remedies for the infringement of Industrial Designs  rights are set out in s: 21 of the Industrial 
Designs Act, No.20 of 2005.  Section 21(1) defi nes what amounts to an act of infringement as 
exploitation of a registered industrial design within the meaning of s. 9(2), without the authorization of the owner. 
 
• Criminal Remedies: s: 21(3) 
Any person who contravenes the exclusive rights set  out in s. 9(2) commits an offence and is 
liable on summary conviction to a fine of Ten Thousand Eastern Caribbean Dollars (XCD10,000.00) 
or to imprisonment for 5 years. 
 
Layout-Designs of Integrated Circuits 
 
Remedies for the infringement of Layout-Designs of Integrated Circuits rights are set out in 
ss. 14 and 15 of the Layout-Designs of Integrated Circuits Act, No.18 of 2005. 
  IP/N/6/VCT/1 
 Page 19 
 
 
  • Criminal Remedies: s: 15 
Any person who contravenes the exclusive rights set out in s. 6 commits an offence and is 
liable on summary conviction to a fine of Five  Thousand Eastern Caribbean Dollars (XCD5,000.00)  
or to imprisonment for 3 years:s.15(l).  In  addition to the prescribed fine and term of imprisonment, 
the Court may order the seizure, forfeiture and destruc tion of the lay-out design, integrated circuit or 
articles concerned and of any material or implement, predominantly used to commit an 
offence:s.l5(2). 
 
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. 
 
There are no provisions governing the length and cost of proceedings. 
 There is no available data on the actual duration of proceedings and their cost. 
 
 
__________