WORLD TRADE  
ORGANIZATION  IP/Q/VCT/1 
IP/Q2/VCT/1 
IP/Q3/VCT/1 IP/Q4/VCT/1 
25 February 2009 
 
 
(09-0993) 
Council for Trade-Related Aspects of Intellectual Property Rights Original:   English 
 
 
 
REVIEW OF LEGISLATION 
 
SAINT VINCENT AND THE GRENADINES 
  
 By means of a communication from the Delega tion of Saint Vincent and the Grenadines, 
dated 10 February 2009, the Secretariat has receiv ed the following responses to questions posed by 
Switzerland, Japan, Australia, Canada, the United St ates and the European Communities circulated in 
documents IP/C/W/315, 322, 328, 314, 316 and 320 resp ectively, in connection with the review of its 
legislation.   
_______________ 
 
 
I. RESPONSES TO THE QUESTIONS POSED BY SWITZERLAND 
A. PATENTS 
1. Does your legislation grant patent protection for inventions relating to products and 
processes in all fields of technology?  Are there an y exceptions?  If so, please explain what these 
exceptions are and how they comply wi th Article 27 of the TRIPS Agreement. 
 In accordance with Article 27(1) of the TRIPS Agreement, s.17 of the Patents Act No. 39 of 
2004 provides that the subject matter of an invention may be a product or process. 
 
 A patent may be granted only for an invention wh ich is new, involves an inventive step and is 
capable of industrial application s.13(1).   The following are excluded from pate nt protection pursuant to s.13(2): 
 
(a) a discovery, scientific theory or mathematical method;   
(b) a literary, dramatic, musical or artistic work or any other aesthetic creation 
whatsoever; 
(c) a scheme, rule or method for performing a mental act, playing a game or doing 
business; 
(d) diagnostic, therapeutic and surgical methods for the treatment of humans or animals; 
(e) the presentation of information; IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 2 
 
 
  (f) an invention, the commercial exploitation of which would be contrary to public order 
or morality; 
(g) an invention which is prejudicial to human, an imal or plant life, to health or to the 
environment;  or 
(h) any plant or animal variety or any biologi cal process for the generation of plant or 
animals, not being a microbiological process or the product of such a process. 
 These exceptions comply with Article 27 of the TRIPS Agreement which provides that a 
member may exclude from patentability inventions wh ich are contrary to public order and morality;  
inventions which are prejudicial to human, animal or  plant life, health or the environment;  diagnostic, 
therapeutic and surgical methods for treating humans or  animals;  plants and animals other than micro 
organisms and essentially biological processes for the protection of plants or animals other than non-
biological and microbiological processes. 
 
2. Does your legislation, in accordance with Ar ticle 27(1) in combination with Article 31 of 
the TRIPS Agreement, consider importation as “working” a patent (and therefore preclude 
compulsory licensing, if a product is being imported)? 
The legislation in accordance with Article 27(1) in combination with Article 31 of the TRIPS 
Agreement considers importation as “working” a patent. 
By virtue of s.49(1) of the Patents Act, any interested person may apply to the Court for the 
grant of a non-voluntary licence at anytime after three years from the grant of a patent or four years 
from the date of the filing of the application for a patent, whichever is later, on the ground that a 
market for the patented invention is not being suppli ed or that a market for the patented invention is 
not being supplied on reasonable terms in Saint Vincent and the Grenadines. 
3. Does your legislation make the granting of a compulsory license subject to all the 
conditions enumerated in Article 31 of the TR IPS Agreement?  Please cite the relevant 
provisions of law. 
The conditions to which the grant of a compulso ry licence shall be subject are contained in 
ss.49-51 of the Patents Act. 
Section 49 of the Patents Act makes provision for non-voluntary licenses granted by the 
Court. 
Under s.49(1) of the Patents Act, any interested person may apply to the Court for the grant of 
a non-voluntary licence at anytime after three years from the grant of a patent or four years from the 
date of the filing of the application for a patent, wh ichever is later, on the ground that a market for the 
patented invention is not being supplied or that a market for the patented invention is not being 
supplied on reasonable terms in Sa int Vincent and the Grenadines. 
Section 49(3) provides that a licence granted by the Court under s.49(1): 
(a) is not exclusive; 
(b) shall not be assigned otherwise than in c onnection with the goodwill of the business 
in which the patented invention is used;  and  IP/Q/VCT/1, IP/Q2/VCT/1,  
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  (c) is limited to the supply of the patented i nvention predominantly in Saint Vincent and 
the Grenadines.   
 Where the Court is satisfied that the grounds  on which any licence granted under s.49(1) have 
ceased to exist, it may, on the application of any interested party, terminate the licence:  s.49(4). 
 
 Any person to whom a licence is granted under th is section shall pay such remuneration to the 
patentee as may be agreed or as may be determined by a method ag reed upon between that person and 
the patentee, or in default of agreement, as is de termined by the Court on the application of either 
party:  s.49(5). 
 
 A licence shall not be granted under this se ction unless the person applying for the licence, 
having taken all reasonable steps to do so, has been  unable to obtain a licence, or to obtain a licence 
on reasonable terms from the patentee:  s.49(6).  
 A licence shall not be granted under this section in respect of a patent relating to an integrated 
circuit:  s.49(7).   The powers of the Court on an application under section 49 shall be exercised with a view to securing that the inventor or other person beneficia lly entitled to the patent shall receive reasonable 
remuneration having regard to the economic value of the licence:  s.50. 
 
 Section 51 of the Patents Act makes provision for the use of patented inventions for the 
services of the Crown.   The Minister with responsibility for Legal Af fairs, may authorize a Crown Agency or any 
person in writing, to make, use, exercise or vend a patented invention for the services of the Crown 
where the public interest so requires or where the Minister decides that the manner of exploitation by 
the owner or his licensee is anti-competitive:  s.51(1).    
Where a Crown Agency or a person is authorized by the Minister to use a patented invention 
for the services of the Crown, such authori zation is subject to the following conditions: 
 
• Payment of adequate compensation to the owne r of the patented invention, taking into 
account the economic value of the exploitation:  s.51(1). 
 
• Before issuing his authorization under s.51 (1),  the Minister shall hear the owner of the 
patent and any other interested party who ma y wish to be heard except in the case of a 
national emergency:  s.51(2) and (3). 
 
• Before an authorization is granted under s.51( 1), the Minister must be satisfied that the 
proposed user has made efforts to obtai n a licence from the patentee on reasonable 
commercial terms and conditions within a r easonable time, but has failed to do so:  
s.51(7)(a).  This provision does not appl y in cases of national emergency or other 
circumstances of extreme urgency.  Notwithstanding, the owner of the patent must be 
notified of the Minister’s decision as soon as is reasonably practicable:  s.51(7)(b). 
 
• A decision of the Minister under s.51(1), (4) or (5) shall be subject to judicial review at 
the instance of the owner of the patent or any other interested party:  s.51(8). 
 IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 4 
 
 
  • Where a person other than a Crown agency is  authorized by the Minister to use a 
patented invention for the services of the Crow n, the licence is not exclusive;  it shall 
not be assigned otherwise than in connecti on with the goodwill of the business in which 
the patented invention is used;  and the licen ce is limited to the supply of the patented 
invention predominantly in Saint Vincen t and the Grenadines:  s.51(6).  These 
conditions are in addition to those immediately preceding.   
 
4. Does your legislation provide for the principle of the reversal of burden of proof in a 
process patent litigation?  Please cite the relevant provisions of law.   
 One of the basic principles of civil procedure is that he who alleges must prove.  The Patents 
Act in s.53(3) provides for the reversal of the bur den of proof in a process patent litigation.  The 
burden of proof must be discharged by the respondent , that is, the person against whom an allegation 
of infringement has been claimed.  The section provi des that if the subject matter of a patent is a 
process for obtaining a new product, the same product produced by any person other than the patent 
owner or his licensee, shall unless the contrary is pr oved, be taken in any proceedings to have been 
obtained by the patented process. 
  In considering whether the respondent has discharged the onus of proof, the court must take into account the legitimate interests of the res pondent in protecting his manufacturing and business 
secrets.  
B. PROTECTION
 OF UNDISCLOSED  INFORMATION 
5. Please explain in detail if your legislation ensures that undisclosed test or other data 
submitted by an applicant to the responsible State agency in the procedure for market authorization of a pharmaceutical or of an agr icultural chemical product is protected against 
disclosure and against unfair commercial use by a competitor, for example by prohibiting a 
second applicant from relying on, or from referring to the original data of the first applicant, 
when applying subsequently for market auth orization for a similar product.  Does your 
legislation provide for exceptions to this?  If yes, under what conditions would such exceptions 
apply?  Does your legislation set a specific term of  protection for undisclosed test or other data 
of the first applicant? 
 There is no legislation in respect of the protection of undisclosed information. 
 
C. ENFORCEMENT 
6. Please indicate remedies provided by your  legislation which constitute effective 
deterrents to infringements of intellectual property rights. 
 Generally speaking, the several pieces of intellectual property legi slation provide for a 
combination of criminal sanctions, civil remedies a nd border measures designed to act as deterrents to 
the infringement of intellectual property rights.  In ad dition to the civil remedies specified, in all civil 
proceedings, the Court has power to grant any such reme dy or relief that the Court deems fit.  In some 
cases the enforcement agencies are vested with wide powers to search premises and seize infringing goods and articles used to make infringing goods.   
 
Patents
 
  Remedies for the infringement of patent rights are set out in s.53 of the Patents Act.   IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 5 
 
 
   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.100-110 
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. 
 
• Border Measures:  Part 16 ss.111-122 
The proprietor of a registered trademark may notify the Comptroller of Customs of his objection to the importation of goods which infri nge or appear to infringe the registered 
trademark.  In such cases the Comptroller may seize the imported goods and notify the 
owner of the imported goods. 
 
• 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 othe r device 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.126. 
 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. 
 IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 6 
 
 
  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 manne r as would mislead the public as to the 
geographical origin of the goods:  s.6(1)(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 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, false a llegations in the 
course of trade and misleading indications or allegations:  s.6(1)(c). 
 Any person who contravenes this section is  liable on conviction to a fine not exceeding 
Ten Thousand Eastern Caribbean Dollars (XCD 10,000.00) or to imprisonment for two years or to both fine and imprisonment.  
• Civil Remedies:  s.7 
Section 7 provides that any interested person 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 remedy or relief the Court 
thinks fit:  s.7(2). 
 
Industrial Designs
 
  Remedies for the infringement of Industrial Desi gns 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. 
 
• 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 infringeme nt or an imminent infringement;  award 
damages or grant any other relief provided for in general law. 
 
• Criminal Remedies:  s.21(3)  IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 7 
 
 
  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 five 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.  
• 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 infringemen t or an imminent infringement;  award 
damages or grant any other relief provided for in general law. 
 
• Criminal Remedies:  s.15 
Any person who contravenes the exclusive right s 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 three years:  s.15(1).  In addition to the prescribed fine and term of imprisonment, the Court may order the seizure, forfeiture 
and destruction of the lay-out design, integrat ed circuit or articles concerned and of any 
material or implement, predominantly used to commit an offence:  s.15(2). 
 
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 owne r 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 wh ich he knows or has reason to believe is an 
infringing copy;  any person who has in his possession in the course of business or who 
sells, lets for hire or exhibits in pub lic an infringing copy in Saint Vincent and 
the Grenadines or on any ship or airc raft registered in Saint 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 arti cle specifically designed or adapted for making 
infringing copies:  s.28(3); 
 
• 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 takes place at a place of public 
entertainment without the licence of the owne r, the person who gave permission for the 
premises to be used for the performan ce is liable for infringement:  s.28(5); 
 IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 8 
 
 
  • 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  showing 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 belie ve that the apparatus will be used to 
infringe copyright:  s.28(7). 
 
• Any occupier of premises who gives permi ssion 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 reco rding 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: 
 
• Damages, 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 ma y take into account the flagrancy of the 
infringement and has power to award additio nal 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 withstanding 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 rights, 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 ma nner 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 ac tionable 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. 
  A person having performers or recording rights may also seize and detain an illicit recording 
of a performance:  s.126. 
 
  IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 9 
 
 
  Criminal Remedies
 
 
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 Saint Vincent and the Grenad ines for a purpose other than private domestic use 
or distributes otherwise than in the course of busin ess 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 two 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 unde r s.44(2) or 44(3) is a fine not exceeding 
One Thousand Five Hundred Eastern Caribbean Do llars (XCD 1,500.00) 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 consent to make for sale or hire;  import into 
Saint Vincent and the Grenadines otherwise than fo r 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 cour se of a business 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 r ecording 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 Ea stern Caribbean Dollars (XCD 2,500.00) or to 
imprisonment for a term not exceeding 12 months;  or on indictment to a fine not exceeding 
Fifty Thousand Eastern Caribbean Dollars (XCD 50, 000.00) or to imprisonment for term not 
exceeding five 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.  
 
 IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 10 
 
 
  Border Measures
 
 
 The owner of copyright in any published litera ry, dramatic or musical work may give notice 
in writing to the Comptroller of Customs and Excise th at he is the owner of copyright in the work and 
that he requests the Comptroller during a period specifi ed in the notice to treat copies of the work as 
prohibited:  s.48(1).  
Powers of members of the Police Force
 
 
 Any police officer, not below the rank of Sergeant, may enter and search any premises or 
place;  stop and search any vehicle;  stop, board and sear ch 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 his 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). 
 
 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 require ment 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 Act 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. 
 
7. Please describe any new initiatives that are planned to improve enforcement of 
intellectual property rights in your country, pa rticularly initiatives related to criminal 
enforcement. 
  At present, there are no new initiatives that are planned to improve the enforcement of 
intellectual property rights.  
II. RESPONSES TO THE QUESTION POSED BY JAPAN 
A. COPYRIGHT
 AND  RELATED  RIGHTS 
1. Please explain exceptions or exemptions of the National Treatment and Most –Favoured 
– Nation Treatment under the Copyright and Neighbo uring Rights Law, if any, as permitted in 
Articles 3 and 4 of the TRIPS Agreement. 
 The Copyright Act No. 21 of 2003 which ente red into force on 30 November 2004 and the 
Copyright (Specified Countries) Order, 2005 do not provide any exceptions or exemptions of the National Treatment and Most- Favoured – Nation Treat ment as permitted in Articles 3 and 4 of the 
TRIPS Agreement. 
  IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 11 
 
 
  III. RESPONSE TO THE QUESTION POSED BY AUSTRALIA 
A. PATENTS
 (INCLUDING  PLANT  VARIETY  PROTECTION) 
1. How does your country provide protection for new plant varieties as required under 
Article 27.3(b)?  If your legislation is based on the UPOV system, on which UPOV Act was it 
modeled?  Can new plant varieties be pr otected by patent in your country? 
 Saint Vincent and the Grenadin es has decided to implement a sui generis  system for the 
protection of new plant varieties.   A draft bill for the protection of new plant varieties is under review.  
 The Patents Act No. 39 of 2004 exempts plant varieties from patent protection. 
 
IV. RESPONSES TO THE QUESTIONS POSED BY CANADA 
1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS 
Agreement) have been implemented.   
 Generally speaking, the several pieces of intellectual property legi slation provide for a 
combination of criminal sanctions, civil remedies a nd border measures designed to act as deterrents to 
the infringement of intellectual property rights.  In ad dition to the civil remedies specified, in all civil 
proceedings, the Court has power to grant any such reme dy or relief that the Court deems fit.  In some 
cases the enforcement agencies are vested with wide powers to search premises and seize infringing goods and articles used to make infringing goods.   
 
Patents
 
  Remedies for the infringement of patent rights 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.100-110 
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/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 12 
 
 
  • Border Measures:  Part 16 ss.111-122 
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.  In such cases the Comptroller may seize the imported goods 
and notify the owner of the imported goods. 
 
• 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 othe r device 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.126. 
 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. 
 
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(1)(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).  IP/Q/VCT/1, IP/Q2/VCT/1,  
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   Any person who contravenes this section is  liable on conviction to a fine not exceeding 
Ten Thousand Eastern Caribbean Dollars (XCD 10,000.00) or to imprisonment for two years or to both fine and imprisonment.  
• Civil Remedies:  s.7 
Section 7 provides that any interested person 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 remedy or relief the 
Court thinks fit:  s.7(2). 
 Industrial Designs
 
  Remedies for the infringement of Industrial Desi gns 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. 
 
• 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 infringem ent or an imminent infringement;  award 
damages or grant any other relief provided for in general law. 
 
• Criminal Remedies:  s.21(3) 
Any person who contravenes the exclusive right s set out in s.9(2) commits an offence 
and is liable on summary c onviction to a fine of 
Ten Thousand Eastern Caribbean Dollars (X CD10,000.00) or to imprisonment for 
five 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. 
 
• 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 infringem ent or an imminent infringement;  award 
damages or grant any other relief provided for in general law. 
 
• Criminal Remedies:  s.15 
Any person who contravenes the exclusive ri ghts set out in s.6 commits an offence 
and is liable on summary c onviction to a fine of 
Five Thousand Eastern Caribbean Dollars (XCD5,000.00) or to imprisonment for 
three years:  s.15(1).  In addition to the prescribed fine and term of imprisonment, the Court may order the seizure, forfeiture and destruction of the lay-out design, 
integrated circuit or articles concerned and of any material or implement, 
predominantly used to commit an offence:  s.15(2). 
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  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 owne r 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 wh ich he knows or has reason to believe is an 
infringing copy;  any person who has in his possession in the course of business or who 
sells, lets for hire or exhibits in pub lic an infringing copy in Saint Vincent and 
the Grenadines or on any ship or airc raft registered in Saint 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 arti cle specifically designed or adapted for making 
infringing copies:  s.28(3). 
 
• 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 takes place at a place of public 
entertainment without the licence of the owne r, the person who gave permission for the 
premises to be used for the performan ce is liable 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  showing 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 belie ve that the apparatus will be used to 
infringe copyright:  s.28(7). 
 
• Any occupier of premises who gives permi ssion 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 reco rding 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: 
 
• Damages, 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 ma y take into account the flagrancy of the  IP/Q/VCT/1, IP/Q2/VCT/1,  
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  infringement and has power to award additio nal 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 withstanding 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 rights, the aggrieved party may be granted 
an injunction:  s.39(2).  The court may also orde r the respondent in an action for infringement, to 
publish such correction in the terms and in the ma nner 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 ac tionable 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. 
 
 A person having performers or recording rights may also seize and detain an illicit recording 
of a performance:  s.126. 
 
Criminal Remedies
 
 
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 Saint Vincent and the Grenad ines for a purpose other than private domestic use 
or distributes otherwise than in the course of busin ess 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 two 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/Q/VCT/1, IP/Q2/VCT/1,  
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  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 unde r s.44(2) or 44(3) is a fine not exceeding 
One Thousand Five Hundred Eastern Caribbean Do llars (XCD 1,500.00) 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 consent to make for sale or hire;  import into 
Saint Vincent and the Grenadines otherwise than fo r 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 cour se of a business 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 r ecording 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 Ea stern Caribbean Dollars (XCD 2,500.00) or to 
imprisonment for a term not exceeding 12 months;  or on indictment to a fine not exceeding 
Fifty Thousand Eastern Caribbean Dollars (XCD 50, 000.00) or to imprisonment for term not 
exceeding five 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. 
 
Border Measures
 
 
 The owner of copyright in any published litera ry, dramatic or musical work may give notice 
in writing to the Comptroller of Customs and Excise th at he is the owner of copyright in the work and 
that he requests the Comptroller during a period specifi ed in the notice to treat copies of the work as 
prohibited:  s.48(1).  
Powers of members of the Police Force
 
 
 Any police officer, not below the rank of Sergeant, may enter and search any premises or 
place;  stop and search any vehicle;  stop, board and sear ch 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 his 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). 
 
 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 require ment 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  IP/Q/VCT/1, IP/Q2/VCT/1,  
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  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 Act 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.  
2. What protection does your Copyright legislation afford to “foreign works”? 
 On 29 August 1995, Saint Vincent and the Gren adines acceded to the Berne Convention for 
the Protection of Literary and Artistic Works of  1886.  On 1 January 1995, Saint Vincent and 
the Grenadines acceded to the World Trade Orga nisation (WTO) Agreement on the Trade Related 
Aspects of Intellectual Property Rights (TRIPS) of 1994.  
 Section 6(11) of the Copyright Act No. 21 of 2003, provides that the Act shall apply to works 
that are eligible for protection in Saint Vincent and the Grenadines by virt ue of and in accordance 
with any international convention or other inte rnational agreement to which Saint Vincent and 
the Grenadines is a party.     In furtherance of s.6(11), the Copyright (Specified Countries) Order 2005, Statutory Rule and 
Order (SRO) No. 16 of 2005 in SRO.4, declares that  the provisions of the Copyright Act shall apply 
in relation to persons who, at a material time, ar e citizens or subjects of a country specified in the 
Schedule, as they apply in relation to persons who, at such a time, are citizens of Saint Vincent and 
the Grenadines.    
 The provisions of the Copyright (Specified Countries) Order 2005, Statutory Rules and 
Orders No. 6 of 2005, states that the countries speci fied in the Schedule, being members of the Berne 
Convention for the protection of Literary and Artistic works of 1886 are declared to be specified countries for the purpose of copyright protection in  Saint Vincent and the Grenadines and where a 
country becomes a party to the Berne Conventi on after the commencement of the Order, the 
provisions of and the benefits of c opyright protection shall apply to su ch country with effect from the 
date that it becomes a party to the Convention. 
  Accordingly, foreign works are protected in the same manner as works by nationals of 
Saint Vincent and the Grenadines.  V. RESPONSES TO THE QUESTIONS POSED BY THE UNITED STATES 
A. GENERAL 
1. Please describe, in relation to each type of  intellectual property covered by the TRIPS 
Agreement, including plant variety protection, the manner in which national treatment and 
most favoured nation treatment are provide d to nationals of other WTO Members. 
Copyright and Related Rights
 
 
 Section 6(11) of the Copyright Act No. 21 of 2003 provides that the Copyright Act shall also apply to works that are eligible for protection in Sa int Vincent and the Grenadines by virtue of and in 
accordance with any international convention or  other international agreement to which 
Saint Vincent and the Grenadines is a party. 
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   The Copyright (Specified Countries) Order 2005, Statutory Rule and Order (SRO) No. 16 of 
2005 in SRO.4, declares that the provisions of the Copyright Act shall apply in relation to persons who, at a material time, are citizens or subjects of a country specified in the Schedule, as they apply in 
relation to persons who, at such a time, are c itizens of Saint Vincent and the Grenadines.   
 
 The provisions of the Copyright (Specified Countries) Order 2005, Statutory Rules and Orders No. 16 of 2005, states that the countries specified in the Schedule, being members of the Berne Convention for the protection of Literary and Artistic works of 1886 are declared to be specified countries for the purpose of copyright protection in  Saint Vincent and the Grenadines and where a 
country becomes a party to the Berne Conventi on after the commencement of the Order, the 
provisions of and the benefits of c opyright protection shall apply to su ch country with effect from the 
date that it becomes a party to the Convention.  Trade Marks
 
 
 Section 2(1) of the Trade Marks Act No. 46 of  2003, defines an applicant as the person in 
whose name an application is for the time being pr oceeding.  There are no distinctions in the Trade 
Marks Act between Nationals and Non-Nationals.  Patents
 
 
 Section 18 of the Patents Act No. 39 of 2004, provides that any person may make an application for a patent.  There are no distincti ons in the Patents Act be tween Nationals and Non-
Nationals.  
Geographical Indications 
 
  Section 8(2) of the Geographical Indications Ac t No. 24 of 2004 provides that the following 
shall have the right to file an application:  
• persons carrying on an activit y as a producer in the geographical area specified in the 
application, with respect to the goods specified as well as groups of such persons; 
• groups of consumers; 
• any marketing organization incorporated under the Companies Act or established under 
any other enactment;  and  
• any competent authority. 
  Section 8(3) provides that where the applican t’s ordinary residence or principal place of 
business is outside Saint Vincent and the Grenadines,  he shall be represented by a Barrister-at-Law or 
Solicitor admitted to practice in Sa int Vincent and the Grenadines. 
 
Industrial Designs
 
  Section 5(4) states that the right to registration of an Industrial Design shall belong to the creator.  Section 19 of the Industrial Designs Act No. 20 of 2005, provides that where an applicant’s 
ordinary residence or principal place of business is outside Saint Vincent and the Grenadines he shall 
be represented by an attorney-at-law entitled to practice in Saint Vincent and the Grenadines. 
   
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  Layout-Designs of Integrated Circuits
 
  By virtue of s.5, the right to lay-out design pr otection shall belong to the creator of the lay-out 
design. 
 
 Section 13 of the Layout-Designs of Integrated Circuits Act No. 18 of 2005 provides that where an applicant’s ordinary residence or prin cipal place of business is outside Saint Vincent and 
the Grenadines he shall be represente d by an attorney-at-law entitled to practice in Saint Vincent and 
the Grenadines. 
 
Protection of Undisclosed Information
 
  There is no legislation in relation to the protection of undisclosed information.  
Plant Varieties
 
  A draft bill for the protection of new pl ant varieties is currently under review. 
 B. COPYRIGHT
 AND  RELATED  RIGHTS 
2. Please explain whether and how the copyright law of Saint Vincent and the Grenadines 
complies with Article 9 of the TRIPS Agreement  requiring that Members comply with all 
Articles 1 through 21 of the Berne Convention (1 971), except Article 6bis, since Members do not 
have rights or obligations relating to th e latter Article under the TRIPS Agreement. 
 The categories of works protected by copyright ar e enumerated in s.5(1) of the Copyright Act.  
Copyright protection subsists in the following types of works: 
 
(a) original literary, dramatic, musical or artistic works, 
(b) sound recordings, films, broad casts or cable programmes;  and 
(c) typographical arrangements of published editions. 
Section 5(2) provides that a literary, dramatic or musical work is not eligible for copyright 
protection unless it is written down, recorded or othe rwise fixed in a material form.  Section 5(2) goes 
on to state that storage of the work in a computer sh all be regarded as recording the work in a material 
form.   The creators of original works have several exclusive rights to do, authorise or prohibit  the 
following acts in relation to a work: 
 
• Reproduction of the work; 
 
• Translation of the work into other languages;   
 
• Adaptation, arrangement or other transformation of the work; 
 
• The first public distribution of the original and each subsequent copy whether by sale, 
rental or otherwise; 
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  • Rental or public lending of the original or a copy of an audiovisual work, a sound 
recording, a computer programme, a database or a musical work; 
• Importation of copies of the work; 
 
• Public display of the original or a copy of the work; 
• Public performance of the work; 
 
• Broadcasting the work e.g.  by a radio, television or satellite; 
 
• Communication of the work to the public. 
 
 Moral Rights are set out in ss.13-14 of the Copyright Act.  The author of a literary, dramatic, musical or artistic work has the right to be identif ied as the author s.13.  The author of a literary, 
dramatic, musical or artistic work has the right not to  have the work or any part thereof subjected to 
“derogatory treatment”.   
  Section 14(1) provides that the treatment of  a work means any addition to, deletion from, 
alteration to or adaptation of the work and treat ment of a work is derogatory if it amounts to 
distortion, multiplication of the work or is other wise prejudicial to the honour or reputation of the 
author s.14(2). 
 
 Further, s.36 provides that the right to object to derogatory treatment of a work is also infringed by a person who possesses in the course of bus iness, sells or lets for hire, offers or exposes 
for sale or hire, exhibits in public or distributes in  the course business or distributes other than in the 
course of business an infringing article so as to prej udicially affect the honour and reputation of the 
author. 
  An “infringing article ” means a work or a copy of a wo rk which has been subjected to 
derogatory treatment as defined in s.14.  
 Generally, a person has the right not to have a literary, dramatic, musical or artistic work 
falsely attributed to him as the author.  Attributi on means a statement, expressed or implied, as to the 
identity of the author s.15.   Following are the terms of protection for each category of works: 
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  The following acts in relation to a work do not constitute an infringement of Copyright: 
 
• Fair Dealing of protected works for the purpose of research and private study s.50;  
• Fair Dealing of protected works for the purpose of criticism, review or reporting on 
current events s.51; 
• In determining “fair dealing” the Court will take into account the nature of the work, 
the extent of the works affected, the purpose a nd character of the use, and the effect of 
the infringing act on the commercial value of the work s.52; 
• Incidental inclusion of a work in an artis tic work, sound recording, film, broadcast or 
cable programme s.53; 
• Anonymous and Pseudonymous  literary works s.54; 
• Use of notes or a record of spoken words,  for the purpose of reporting current events, 
broadcasting or including in a cable programme s.55; 
• Use of work for educational purposes ss.56-61; 
• Exceptions for Libraries and Archives ss.62-66;  
• Exceptions relating to Public Administration ss.67-71;  
• Exceptions relating to works in Electronic Form s.72; 
• Miscellaneous Exceptions relating to literary , dramatic, musical and artistic works 
ss.73-77; 
• Miscellaneous exceptions relating to broadcasts ss.78-81;  
• Prescribed Exceptions s.82. 
 Category of work  Term of Protection  
Literary, dramatic, musical or artistic
works of known authorship remainder of the life of author after creation of the 
work plus 75 years from the end of the calendar yea r 
in which the author dies 
Literary, dramatic, musical or artistic
works of unknown authorship 50 years from the end of the calendar year in which 
the work is made 
Computer generated works  50 years from the end of the calendar year in which 
the work is made 
Sound recordings and films 50 years from the end of the calendar year in which 
the recording or film was made or 75 years from the year in which it was made available to the public 
Broadcasts and cable programmes 50 years from the end of calendar year in which the 
broadcast was made or the programme included in a cable programme service 
Typographical arrangements of publishededitions 25 years from first publication  
Performances 75 years from the end of the calendar year in which 
the performance takes place 
Literary, dramatic, musical or artisticworks first published by or under thedirection or control of a prescribedinternational organisation 50 years from the end of the calendar year in which 
the work was made or such longer period as the Minister may specify by order  IP/Q/VCT/1, IP/Q2/VCT/1,  
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  3. Please explain how the copyright law of Saint Vincent and the Grenadines protects 
computer programs as literary works and compilation s of data as required by Article 10 of the 
TRIPS Agreement. 
 Section 5(1)(a) of the Copyright Act No. 21 of  2003, provides that copyright shall subsist in 
original literary works, inter alia . 
  A literary work is defined in s.2 as any work, ot her than a dramatic or musical work, which is 
written, spoken or sung;  a written table or  compilation;  a computer programme.   
 
 The copyright owner has the exclusive right to do, authorize or prohibit the following: 
 
(a) reproduction of the work; 
(b) translation of the work; 
(c) adaptation, arrangement or other transformation of the work; 
(d) the first public distribution of the original and each copy of the work by sale, rental, 
or otherwise; 
(e) rental of public lending or the original or a copy of an audiovisual work, a work 
embodies in a sound recording, a computer programme, a database or a musical work in the form of notation, irrespective of the ownership of the original or copy 
concerned; 
(f) importation of copies of the work, even wh ere the imported copies were made with 
the authorisation of the owner of the copyright; 
(g) public display of original or a copy of the work; 
(h) public performance of the work; 
(i) broadcasting of the work; 
(j) communicate the work to the public. 
 The copyright owner is also v ested with the moral rights of paternity and integrity (ss.13 and 
14).  
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs 
and cinematographic works be available.  Please cite to the corresponding provision of the 
copyright law of Saint Vincent and the Grenadines. 
 Rental Rights in respect of computer progra mmes and cinematographic works are provided in 
s.7(1)(e).   S.7(2)(a) provides that rental rights shall not apply to the rental of computer programmes 
where the programme itself is not the essential object of the rental. 
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   S.7(2)(b) provides that rental rights shall not apply to cinematographic works unless such 
commercial rental has led to widespread copying of  such works materially impairing the exclusive 
right of production.  5. Please state the length and terms of protect ion the copyright law of Saint Vincent and 
the Grenadines provides for a work other than a pho tographic or a work of applied art and cite 
to the relevant provision of law. 
 The terms of protection under the Copyright Act are as follows:  
 
 
6. Please describe the protection the copyright law of Saint Vincent and the Grenadines 
provides for performers, and the term of the protection. 
 Section 102(3) of the Copyright Act No. 21 of 2003 provides that rights are conferred on a 
performer, requiring his consent to the exploitation of his performance.  
 Section 103(1) declares that a performer’s ri ghts are infringed by a person, who without the 
consent of the performer:  
(a) makes, otherwise than for his private and do mestic use, a recording of the whole or 
any substantial part of a qualifying performance;  or 
(b) broadcasts live, or includes live in a cable  programme service a recording of, the 
whole or any substantial part of a qualifying performance;  Category of work  Term of Protection  
Literary, dramatic, musical or artistic
works of known authorship remainder of the life of author after creation of the 
work plus 75 years from the end of the calendar yea r 
in which the author dies 
Literary, dramatic, musical or artisticworks of unknown authorship 50 years from the end of the calendar year in which 
the work is made 
Computer generated works  50 years from the end of the calendar year in which 
the work is made 
Sound recordings and films 50 years from the end of the calendar year in which 
the recording or film was made or 75 years from the year in which it was made available to the public 
Broadcasts and cable programmes 50 years from the end of calendar year in which the 
broadcast was made or the programme included in a 
cable programme service 
Typographical arrangements of published
editions 25 years from first publication  
Performances 75 years from the end of the calendar year in which 
the performance takes place 
Literary, dramatic, musical or artisticworks first published by or under the
direction or control of a prescribed
international organisation 50 years from the end of the calendar year in which 
the work was made or such longer period as the 
Minister may specify by order 
 IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 24 
 
 
  (c) infringes his right of distribution or right of making available to the public a fixed 
performance by wire or wireless means. 
 Section 104(1) declares that a performer’s ri ghts are infringed by a person who without the 
consent of the performer and payment of roya lty, uses an original recording of a qualifying 
performance, whether authorized or not, for the pur pose of making an adaptation of the recording. 
  Adaptation means a recording in which the perfo rmer is accompanied by lyrics or music not 
contained in the original recording (s.104(2)).  
 Section 105(1) declares that a performer’s ri ghts are infringed by a person who, without his 
consent:  
(a) imports into Saint Vincent and the Gren adines otherwise than for his private and 
domestic use;  or 
(b) in the course of a business, possesses, sells or  lets for hire, offers or exposes for sale 
or for hire or distributes a recording of a qualifying performance which is, and which 
that person knows or has reason to  believe is, an illicit recording. 
 It is an offence for a person without sufficient consent to make for sale or hire;  import into 
Saint Vincent and the Grenadines otherwise than fo r 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 cour se of a business 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 r ecording 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 Ea stern Caribbean Dollars (XCD 2,500.00) or to 
imprisonment for a term not exceeding 12 months;  or on indictment to a fine not exceeding 
Fifty Thousand Eastern Caribbean Dollars (XCD 50, 000.00) or to imprisonment for term not 
exceeding five 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.  
 In addition to the above mentioned rights an d in relation to live oral performances and 
performances fixed on a phonogram s.106(1) provides for the moral rights to be identified as the 
performer and to object to any distribution, mutila tion or other modification of his performance that 
would be prejudicial to the reputation of the performer.   The term of protection for performances is 75 years from the end of the calendar year in 
which the performance takes place (s.121). 
 
7. Article 14.2 of the TRIPS Agreement provid es that producers of phonograms are to 
enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires that producers of phonogr ams are to have the right to authorize or 
prohibit the commercial rental to the public of originals or copies of their phonograms.  Please  IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 25 
 
 
  describe how the copyright law of Saint Vi ncent and the Grenadines implements these 
obligations and indicate the term of protection. 
 Section 5(1)(a) of the Copyright Act No. 21 of  2003, provides that copyright shall subsist in 
sound recordings, inter alia . 
 
 A sound recording is defined in s.2 as a reco rding of sounds from which the sounds may be 
reproduced;  or a recording of the whole or any pa rt of a literary, dramatic or musical work from 
which sounds reproducing the work or part thereof may be produced, regardless of the medium on 
which the recording is made, the method by which the sounds are reproduced or produced or the form 
in which the sounds are represented. 
  The copyright owner has the exclusive right to do, authorize or prohibit the following:  
(a) reproduction of the work; 
(b) translation of the work; 
(c) adaptation, arrangement or other transformation of the work; 
(d) the first public distribution of the original and each copy of the work by sale, rental, 
or otherwise; 
(e) rental of public lending or the original or a copy of an audiovisual work, a work 
embodies in a sound recording, a computer programme, a database or a musical work 
in the form of notation, irrespective of the ownership of the original or copy 
concerned; 
(f) importation of copies of the work, even wh ere the imported copies were made with 
the authorisation of the owner of the copyright; 
(g) public display of original or a copy of the work; 
(h) public performance of the work; 
(i) broadcasting of the work; 
(j) communicate the work to the public. 
 The copyright owner is also vested with the moral rights of paternity and integrity:  
ss.13;  and   
 The term of protection for a sound recording expi res at the end of 50 years from the end of the 
calendar year in which the sound recording is made or where the sound recording is made available to 
the public before the end of the above mentioned pe riod, the term of protection is 75 years from the 
end of the calendar year in which it was made available (s.9 (1)).  
C. TRADE
 MARKS 
8. Please describe the subject matter that can comprise a trademark under the trademark 
law of Saint Vincent and the Grenadines. IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 26 
 
 
   By virtue of s.2 of the Trade Marks Act No. 46 of 2003, the subject matter that can comprise 
a Trade Mark includes the following:  a letter, word, name, signature, numeral, device, brand, heading, 
label, ticket, aspect of packaging, shape, colour or sound or any combination thereof.  9. Please describe the procedure that must be followed to register a trademark in 
Saint Vincent and the Grenadines, citing the rel evant provisions of the law, and describe the 
rights that the owner of a registered mark can exercise. 
 The procedure for registration of a trademar k is set out in ss.13-26 and 48-49 of the Trade 
Marks Act.  The procedure is as follows: 
 
• An application for registration of a Trade Mark is  instituted by the filing of an Application for 
Registration, together with an Authorisa tion of Agent, in the prescribed forms. 
 
• The application is examined to ensure compliance with the minimum filing requirements. 
 
• If the applicant fails to meet any of the minimum filing requirements, he will be requested to 
do so within three months of the date of the notice containing the request. 
 
• If the applicant meets the minimum filing requirements the application is accorded a filing 
date. 
 
• Notice of the application is published in the Gazette. 
 
• The application is then examined to determ ine whether the application complies with the 
formal requirements of the Trade Marks Act. 
 
• If the application does not comply with the fo rmal requirements, a notice is sent to the 
applicant identifying the non-compliance. 
 
• If the application complies with the formal requirements of the Trade Marks Act, the 
application is then examined to determine whether the Trade Mark should be accepted for 
registration according to the grounds for rejection. 
 
• If the Trade Mark is accepted a notice is sent to the applicant requesting payment of the 
publication fee. 
 
• If the Trade Mark is not accepted for registration, a notice to that effect is  sent to the applicant 
identifying the grounds for rejection.  The a pplicant has 12 months from the date of this 
notice to overcome the grounds for rejection.  If a subsequent report contains a ground for 
rejection which was not identified in the orig inal notice of refusal, the applicant has 12 
months from the date of the second notice. 
 
• When the publication fee is received, the a pplication is published in the Gazette for 
opposition purposes. 
 
• If no notice of opposition is filed within three mont hs of the publication date, the applicant is 
sent a notice to so inform and to request th e fee for the Certificate of Registration. 
 
• When the fee for the Certificate of Registration is received, a Certificate of Registration is 
issued.  IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 27 
 
 
   The registered owner of a trademark has exclusive rights to use the trademark and to 
authorize its use by other persons.  If the trademark has been infringed, the re gistered owner also has 
the right to obtain relief under the Trade Marks Act. s.6.  A registered trademark is the personal 
property of the registered owner and the rights conf erred by such ownership may be enforced in the 
same way as rights in respect of any other personal property:  s.7. 
 
10. Please provide the length and terms of protection that the trademark law of 
Saint Vincent and the Grenadines provides for a trademark. 
 The term of protection for a trademark is ten years from the filing date:  s.52 
 
D. GEOGRAPHICAL
 INDICATIONS 
11. Please describe in detail how the laws of Sa int Vincent and the Grenadines provide for 
the recognition and protection of geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant provisions of  law or regulation, and provide examples of 
geographical indications so protected. 
 Section 3(2) of the Geographical Indications Act No. 24 of 2004 provides that geographical 
indications which although literally true as to th e region or locality in which the goods originate, 
falsely represent to the public that the goods originat e in another territory, are not protected under the 
act.  
 Under the provisions of s.6(1) of the Geographi cal Indications Act, the following are declared 
as offences:  
(a) No person shall by any means indicate or suggest that goods originate in a particular 
geographical area other than the true place of origin in a manner which misleads the 
public as to the geographical origin of the goods. 
(b) No person shall use a geographical indication identifying wines for wines not 
originating in the place indicated by the ge ographical indication or identifying spirits 
for spirits not originating in the place indi cated by the geographical indication, even 
where the true origin of the goods is indicat ed or the geographical indication is used 
in translation or accompanied by expressions such as “kind”, “type”, “style”, 
“imitation” or like terms. 
(c) No person shall engage in  conduct which constitutes an act of unfair competition 
being an act of competition contrary to honest practices in industrial or commercial 
matters including: 
(i) all such acts which create confusion by any means with the establishment, the 
goods, or the industrial or commercial activities of a competitor; 
(ii) false allegations in the course of trad e which discredit the establishment, the 
goods, or the industrial or commercial activities of a competitor; 
(iii) the use of indications which are liable to mislead the public as to the nature, 
the manufacturing process, the characteristics, the suitability for their purpose or the quantity of the goods. IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 28 
 
 
   Any person who contravenes any of the above stated provisions commits an offence and is 
liable on summary conviction to a fine not ex ceeding XCD10 000.00 or to imprisonment for two 
years or to both fine and imprisonment s.6(2).  
 Additionally, under s.7 of the Geographical Indications Act, any interested person may 
institute civil proceedings in court to prevent any of the offences enumerated under s.6.  In such 
proceedings, in addition to granting an injunction,  the court may award damages and grant any other 
remedy or relief the court thinks fit.  12. Please describe in detail the manner in which the higher level of protection required for 
wines and spirits under Article 23.2 of the TRI PS Agreement is implemented, citing to the 
relevant provisions of law or regulation, and provide examples of geographical indications for such products. 
 Section 17 of the Geographical Indications Ac t provides that the Registrar shall on his own 
motion or at the request of an interested party, refuse or invalidate the registration of a trademark 
which contains or consists of a geographical indicat ion with respect to goods not originating in the 
territory indicated, if use of the indication in the trademark in Sain t Vincent and the Grenadines is of 
such a nature as to mislead the public  as to the true place of origin. 
  Section 18 of the Geographical Indications Act provides that the registration of a trademark 
for wines which contains or consists of a geographi cal indication identifying wines or of a trademark 
for spirits which contains or consis ts of a geographical indication iden tifying spirits shall be refused or 
invalidated by the Registrar on his own motion or at th e request of an interested party with respect to 
such wines or spirits which do not have this origin.  
E. INDUSTRIAL
 DESIGNS 
13. Please describe the procedure that must be followed to obtain protection for industrial 
designs, citing to the provisions of the law of Saint Vincent and the Grenadines, and describe the 
nature of the protection provided. 
 The procedure that must be followed to obtain  protection for industrial designs is as follows: 
 
• The applicant sends to the Registrar the A pplication for Registration together with 
photographs, drawing, specimen or graphic representations:  s.6; 
 
• The filing date is the date of receipt of the application:  s.7; 
 
• The application is examined by the Registrar pursuant to s.7; 
 
• Where the Registrar is satisfied that the a pplication complies with the requirements of 
ss.3 and 4(ii), the industrial design is regi stered, a reference to the registration is 
published and the Registrar is required to i ssue a Certificate of Registration:  s.8. 
  The registered owner of an industrial design has the exclusive right to exploit his industrial design.  Exploitation is defined as making, selling,  importing or otherwise distributing for commercial 
purposes, articles bearing or embodying a design which is a copy or substantially a copy of the 
registered design.  In addition, registration confers the right to institute legal proceedings against any 
person who infringes the rights of the owner:  s.9.   IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 29 
 
 
  14. Please describe the procedure that must be  followed to obtain protection for textile 
designs and cite to the relevant provisions of law or regulation. 
 The procedure that must be followed to obtain protection for textile designs is the same as 
outlined in the response to question 13 above. 
 
F. PATENTS 
15. Please describe in detail the way in which the patent law of Saint Vincent and the 
Grenadines implements Article 27 of the TRI PS Agreement, indicating any exceptions provided 
for, and including details regarding the protecti on for micro-organisms and non-biological and 
microbiological processes and plant varieties.  Pl ease cite to the relevant provisions of the law. 
 Section 13(1) of the Patents Act provides that a patent may be granted only for an invention 
which is new, involves an inventive step and is capable of industrial application. 
  The following are excluded from patent protection – s.13(2): 
 
(a) a discovery, scientific theory or mathematical method;   
(b) a literary, dramatic, musical or artistic work or any other aesthetic creation 
whatsoever; 
(c) a scheme, rule or method for performing a mental act, playing a game or doing 
business; 
(d) diagnostic, therapeutic and surgical methods for the treatment of humans or animals; 
(e) the presentation of information; 
(f) an invention, the commercial exploitation of which would be contrary to public order 
or morality; 
(g) an invention which is prejudicial to human, an imal or plant life, to health or to the 
environment;  or 
(h) any plant or animal variety or any biologi cal process for the generation of plant or 
animals, not being a microbiological process or the product of such a process. 
16. Please describe in detail the rights provide d patent holders under the patent law of 
Saint Vincent and the Grenadines and cite to the relevant provisions of law. 
 By virtue of s.25, the owner of a patent has the following exclusive rights: 
 
• to exploit the patented invention;   
• to assign or transmit the patent; 
• to conclude licence contracts. 
 
17. Please describe in detail any provisions in th e laws of Saint Vincent and the Grenadines 
permitting unauthorized use of a patent, citing to  the relevant provisions of law, and describe in 
detail the conditions under which such use can occur. IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 30 
 
 
  The conditions to which the grant of a non-volunt ary licence shall be subject are contained in 
ss.49-51 of the Patents Act. 
Section 49 of the Patents Act makes provision for non-voluntary licenses granted by the 
Court. 
Under s.49(1) of the Patents Act, any interested person may apply to the Court for the grant of 
a non-voluntary licence at anytime after three years from the grant of a patent or four years from the date of the filing of the application for a patent, wh ichever is later, on the ground that a market for the 
patented invention is not being supplied or that a market for the patented invention is not being 
supplied on reasonable terms in Sa int Vincent and the Grenadines. 
Section 49(3) provides that a licence granted by the Court under s.49(1): 
(a) is not exclusive; 
(b) shall not be assigned otherwise than in c onnection with the goodwill of the business 
in which the patented invention is used;  and 
(c) is limited to the supply of the patented i nvention predominantly in Saint Vincent and 
the Grenadines.  
 Where the Court is satisfied that the grounds  on which any licence granted under s.49(1) have 
ceased to exist, it may, on the application of any interested party, terminate the licence:  s.49(4). 
  Any person to whom a licence is granted under th is section shall pay such remuneration to the 
patentee as may be agreed or as may be determined by a method ag reed upon between that person and 
the patentee, or in default of agreement, as is de termined by the Court on the application of either 
party:  s.49(5).   A licence shall not be granted under this se ction unless the person applying for the licence, 
having taken all reasonable steps to do so, has been  unable to obtain a licence, or to obtain a licence 
on reasonable terms from the patentee:  s.49(6). 
  A licence shall not be granted under this section in respect of a patent relating to an integrated 
circuit:  s.49(7).   The powers of the Court on an application under section 49 shall be exercised with a view to 
securing that the inventor or other person beneficia lly entitled to the patent shall receive reasonable 
remuneration having regard to the economic value of the licence:  s.50.   Section 51 of the Patents Act makes provision for the use of patented inventions for the 
services of the Crown. 
 
 The Minister with responsibility for Legal Af fairs, may authorize a Crown Agency or any 
person in writing, to make, use, exercise or vend a patented invention for the services of the Crown 
where the public interest so requires or where the Minister decides that the manner of exploitation by 
the owner or his licensee is anti-competitive:  s.51(1).    
Where a Crown Agency or a person is authorized by the Minister to use a patented invention 
for the services of the Crown, such authori zation is subject to the following conditions: 
  IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 31 
 
 
  • Payment of adequate compensation to the owne r of the patented invention, taking into 
account the economic value of the exploitation:  s.51(1); 
 
• Before issuing his authorisation under s.51(1), the Minister shall hear the owner of the 
patent and any other interested party who ma y wish to be heard except in the case of a 
national emergency:  s.51(2) and (3); 
• Before an authorisation is granted under s.51(1) , the Minister must be satisfied that the 
proposed user has made efforts to obtai n a licence from the patentee on reasonable 
commercial terms and conditions within a reas onable time, but has failed to do so: s.  
51(7)(a).  This provision does not apply in cases of national emergency or other 
circumstances of extreme urgency.  Notwithstanding, the owner of the patent must be notified of the Minister’s decision as soon as is reasonably practicable:  s.51(7)(b); 
 
• A decision of the Minister under s.51(1), (4) or (5) shall be subject to judicial review at 
the instance of the owner of the patent or any other interested party:  s.51(8); 
 
• Where a person other than a Crown agency is  authorized by the Minister to use a 
patented invention for the services of the Crow n, the licence is not exclusive;  it shall 
not be assigned otherwise than in connecti on with the goodwill of the business in which 
the patented invention is used;  and the licen ce is limited to the supply of the patented 
invention predominantly in Saint Vincen t and the Grenadines:  s.51(6).  These 
conditions are in addition to those immediately preceding.   
 
18. What term of protection does the patent law of Saint Vincent and the Grenadines 
provide for patents? Please describe any provision s for extension of the term of protection and 
cite to the relevant provisions of the law. 
 The Patents Act provides that the term of protection for a patent shall be 20 years.  s.44.  
There are no provisions for extension of the term of protection.  G. LAY-OUT
 DESIGN  OF INTEGRATED  CIRCUITS 
19. Please describe in detail the protection for la yout-designs of integrated circuits provided 
under the laws of Saint Vincent and the Grenadines,  including the term of protection and cite to 
the relevant provisions of law. 
 Protection for a Layout design may be obtained if it is original;  has not been commercially 
exploited or has been commercially exploited for not  more than two years anywhere in the world at 
the date of receipt of the application. 
  Section 6(1) provides that protection shall not depend on whether or not the integrated circuit, 
which incorporates the lay-out design, is  itself incorporated in an article. 
 
 Section 6(2) provides that protection means that  any of the following acts are unlawful if done 
without the authorization of the right holder:  
• Reproducing the layout design in its entirety or any part thereof except any part that is 
not original within the meaning of s.4; 
 IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 32 
 
 
  • Importing, selling or otherwise distributing for commercial purposes the layout design, 
an integrated circuit in which the layout  design is incorporated or an article 
incorporating an integrated circuit. 
 
 Section 6(3) details the exceptions to protecti on.  Protection will not apply in the following 
circumstances:  
• Where the layout design is reproduced for pr ivate purposes or for the sole purpose of 
evaluation, analysis, research or teaching; 
 
• The incorporation of a layout design in an integrated circuit which was created as a 
result of analysis or evaluation; 
 
• Importing, selling or otherwise distributi ng for commercial purposes a layout design 
that has been put on the market by or  with the consent of the right holder; 
 
• Importing, selling or otherwise distributing for commercial purposes where the person 
did not know and had no reasonabl e ground to know that the integrated circuit or article 
containing the integrated circuit, incorporated an unlawfully reproduced layout design, 
However, if the person receives notice that the layout design was unlawfully 
reproduced he may only perform the above me ntioned acts in relation to stock on hand 
or stock ordered before he received su ch notice and shall pay the right holder 
reasonable royalty such as may be nego tiated under a voluntary licence agreement 
between the parties; 
 
• Importing, selling or otherwise distributing for commercial purposes in respect of an 
identical layout design which is original a nd has been created independently by a third 
party. 
  Section 7 provides that protection for a layout design commences on the date of the first 
commercial exploitation anywhere in the world, by or with the consent of the right holder or on the 
filing date of the application, if the layout desi gn has not been previously exploited commercially 
anywhere in the world:  s.7(1).     The term of protection for a layout design terminates at the end of the tenth
 calendar year after 
the date of commencement of protection:  s.7(2). 
 
H. PROTECTION  OF UNDISCLOSED  INFORMATION 
20. Please describe in detail how the laws of Sa int Vincent and the Grenadines provide for 
the protection of undisclosed information as re quired by Article 39.2 of the TRIPS Agreement 
and provide citations to the relevant provisions of law. 
 There is no legislation in respect of the protection of undisclosed information. 
 
21. Please describe in detail the manner in which protection is provided test data regarding 
pharmaceutical and agricultural chemical produc ts submitted to the government in order to 
obtain marketing approval in Saint Vincent and the Grenadines and cite to the relevant provisions of law. 
 Please refer to the response to Question H.20.  IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 33 
 
 
  22. Are other applicants for marketing approval  for their own versions of a previously 
approved pharmaceutical and agricultural chem ical product permitted to rely on data 
submitted by the earlier applicant?  If so, how long  a period of exclusivity is given to the earlier 
applicant before such rel iance becomes possible. 
 Please refer to the response to Question H.20. 
 I. ENFORCEMENT 
23. Please describe in detail the manner in wh ich the laws of Saint Vincent and the 
Grenadines provide for effective action against in fringement of intellectual property rights as 
required by Article 41.1 of the TRIPS Agreement. 
 Remedies concerning the infringement of intell ectual property rights are founded in Statute 
and the Common Law.  Procedure relating to civil matters is governed by the Civil Procedure Rules 
2000.  Procedure relating to criminal matters is gove rned by the Criminal Procedure Code CAP 125 of 
the Laws of Saint Vincent and the Grenadines, Revised Edition, 1990. 
 
 Generally speaking, the several pieces of intellectual property legi slation provide for a 
combination of criminal sanctions, civil remedies a nd border measures designed to act as deterrents to 
the infringement of intellectual property rights.  In ad dition to the civil remedies specified, in all civil 
proceedings, the Court has power to grant any such reme dy or relief that the Court deems fit.  In some 
cases the enforcement agencies are vested with wide powers to search premises and seize infringing 
goods and articles used to make infringing goods. 
 Patents
 
  Remedies for the infringement of patent rights 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.100-110 
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. 
• Border Measures:  Part 16 ss.111-122 IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 34 
 
 
  The proprietor of a registered trademark may notify the Comptroller of Customs of his 
objection to the importation of goods which infri nge or appear to infringe the registered 
trademark.  In such cases the Comptroller may seize the imported goods and notify the 
owner of the imported goods. 
 
• 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 othe r device 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.126. 
 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. 
 
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 origin ate in  a geographical area other than 
the true place of origin in such a manne r as would mislead the public as to the 
geographical origin of the goods:  s.6(1)(a); 
- No person shall use a geographical indi cation identifying wines for wines not 
originating in the place indicated or iden tifying 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 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, false allegations in the 
course of trade and misleading indications or allegations:  s.6(1)(c).  IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 35 
 
 
   Any person who contravenes this section is lia ble on conviction to a fine not exceeding Ten 
Thousand Eastern Caribbean Dollars (XCD 10,000.00) or to imprisonment for two years or to both 
fine and imprisonment.  
• Civil Remedies:  s.7 
Section 7 provides that any interested person 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 remedy or relief the Court 
thinks fit:  s.7(2). 
 Industrial Designs
 
  Remedies for the infringement of Industrial Desi gns 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.  
• 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 infringeme nt or an imminent infringement;  award 
damages or grant any other relief provided for in general law. 
 
• 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 five 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-D esigns 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 infringemen t or an imminent infringement;  award 
damages or grant any other relief provided for in general law. 
 
• Criminal Remedies:  s.15 
Any person who contravenes the exclusive right s 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 three years:  s.15(1).  In addition to the prescribed fine and term of imprisonment, the Court may order the seizure, forfeiture 
and destruction of the lay-out design, integrat ed circuit or articles concerned and of any 
material or implement, predominantly used to commit an offence:  s.15(2). 
 
    IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 36 
 
 
  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 owne r 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 wh ich he knows or has reason to believe is an 
infringing copy;  any person who has in his possession in the course of business or who 
sells, lets for hire or exhibits in pub lic an infringing copy in Saint Vincent 
and the Grenadines or on any ship or aircra ft registered in Saint 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 arti cle specifically designed or adapted for making 
infringing copies:  s.28(3); 
 
• 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 takes place at a place of public 
entertainment without the licence of the owne r, the person who gave permission for the 
premises to be used for the performan ce is liable 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  showing 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 belie ve that the apparatus will be used to 
infringe copyright:  s.28(7); 
 
• Any occupier of premises who gives permi ssion 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 reco rding 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: 
 
• Damages, 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 ma y take into account the flagrancy of the  IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 37 
 
 
  infringement and has power to award additio nal 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 withstanding 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 rights, the aggrieved party may be granted 
an injunction:  s.39(2).  The court may also orde r the respondent in an action for infringement, to 
publish such correction in the terms and in the ma nner as may be directed by the court:  s39(3). 
 Remedies for the infringement of Rights in Performances
 
 
 An infringement of rights in performances is ac tionable 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.  
 A person having performers or recording rights may also seize and detain an illicit recording 
of a performance:  s.126. 
 
Criminal Remedies
 
 
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 Saint Vincent and the Grenad ines for a purpose other than private domestic use 
or distributes otherwise than in the course of busin ess 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 two 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). IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 38 
 
 
   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 Do llars (XCD 1,500.00) 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 consent to make for sale or hire;  import into 
Saint Vincent and the Grenadines otherwise than fo r 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 cour se of a business 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 r ecording 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 Ea stern Caribbean Dollars (XCD 2,500.00) or to 
imprisonment for a term not exceeding 12 months;  or on indictment to a fine not exceeding Fifty 
Thousand Eastern Caribbean Dollars (XCD 50, 000.00) or to imprisonment for term not exceeding 
five 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.  Border Measures
 
 
 The owner of copyright in any published litera ry, dramatic or musical work may give notice 
in writing to the Comptroller of Customs and Excise th at he is the owner of copyright in the work and 
that he requests the Comptroller during a period specifi ed in the notice to treat copies of the work as 
prohibited:  s.48(1). 
 
Powers of members of the Police Force  
 
 Any police officer, not below the rank of Sergeant, may enter and search any premises or 
place;  stop and search any vehicle;  stop, board and sear ch 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 his 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).   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 require ment 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. 
  IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 39 
 
 
   Where any offence created by the Copyright Act 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. 
 
24. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order 
production of evidence necessary to substantiate  a party’s claims where that party has been 
unable to obtain such evidence from the opposi ng party.  Please describe how the laws or 
regulations of Saint Vincent and the Grenadines provide this authorization, citing to the 
relevant provisions of law or regulation. 
 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 achieved by the issue of  a witness summons which 
is a document, issued by the court, requiring a witness 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 c ourt 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 Rule 28.5 as an order that a party must do one or 
more of the following: 
 
• 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)). 
 
25. Please describe in detail all of the civil remed ies that are available to right holders under 
the laws of Saint Vincent and the Grenadines, citing to the relevant provisions of law or regulation. 
Patents
 
  Remedies for the infringement of patent rights are set out in s.53 of the Patents Act.  IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 40 
 
 
   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.100-110 
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 regi stered trademark may bring an action in the 
High Court for an injunction and damages or an account of profits. 
 
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 person 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 remedy or relief the Court 
thinks fit:  s.7(2). 
 Industrial Designs
 
  Remedies for the infringement of Industrial Desi gns 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. 
 
• 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 infringeme nt or an imminent infringement;  award 
damages or grant any other relief 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.   IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 41 
 
 
  • 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 infringemen t 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 owne r 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 wh ich he knows or has reason to believe is an 
infringing copy;  any person who has in his possession in the course of business or who 
sells, lets for hire or exhibits in public an infringing copy in Saint Vincent and the 
Grenadines or on any ship or aircraft regist ered in Saint 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 arti cle specifically designed or adapted for making 
infringing copies:  s.28(3). 
 
• 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 takes place at a place of public 
entertainment without the licence of the owne r, the person who gave permission for the 
premises to be used for the performan ce is liable 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  showing 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 belie ve that the apparatus will be used to 
infringe copyright:  s.28(7). 
 
• Any occupier of premises who gives permi ssion 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 reco rding 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: IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 42 
 
 
  • Damages, 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 ma y take into account the flagrancy of the 
infringement and has power to award additio nal 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 withstanding 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 rights, the aggrieved party may be granted 
an injunction:  s.39(2).  The court may also orde r the respondent in an action for infringement, to 
publish such correction in the terms and in the ma nner 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 ac tionable 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.   A person having performers or recording rights may also seize and detain an illicit recording 
of a performance:  s.126.  26. Please describe in detail the provisional procedures and remedies available to right 
holders under the laws of Saint Vincent and the G renadines, citing to the relevant provisions of 
law and regulation, and indicate any condition under which a right holder may avail itself of those procedures and remedies. 
 The Civil Procedure Rules 2000, which governs the 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; 
(c) An order authorizing a person to enter any land or building in the possession of a 
party to the proceedings for the purpo ses of carrying out an order under sub 
paragraph (h); 
(d) An order directing a party to prepare a nd file accounts relating to the dispute;  IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 43 
 
 
  (e) An order directing a party to provide in formation 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 rec over 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 located  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 m eans 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 inte rim 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).  IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 44 
 
 
   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 eviden ce on affidavit unless the court orders otherwise.  
This rule further provides that the cour t 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. 
 
J. SPECIAL
 REQUIREMENTS  RELATED  TO BORDER  MEASURES   
27. Please describe in detail the procedures  under the laws of Saint Vincent and 
the Grenadines that provide for border enforcem ent at least for trademark counterfeiting and 
copyright piracy, identifying the competent author ity and citing to the relevant provisions of 
law or regulation. 
 In relation to border measures in respect of trademark counterfeiting, the relevant provisions 
of law are contained in ss.111-122 of the Trade marks Act No. 46 of 2003.   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 the 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 two m onths 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 
prescribed documents are a copy of the certificate of registration certified by the Registrar as being a true copy and issued not more than two months before the date of the notice;  documents which 
establish that the authorised user h as 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 two years unless revoked in writing s.111(4) and (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).   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 goo ds 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  IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 45 
 
 
  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.115. 
 
 At anytime, 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 was 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 Vin cent and the Grenadines and the Comptroller, 
relying on evidence received, is satisfied that that  the use of the trademark on the goods is fraudulent, 
the Comptroller 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 consigned to 
Saint Vincent and the Grenadines and the name and address 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 w ithin 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 ten working days from the day on which the request is 
made Regulation 69, Trade Marks Regulations 2004.   In relation to border measures in respect of copyright piracy the owner of copyright in any published literary, dramatic or musical work ma y give notice in writing to the Comptroller of 
Customs and Excise that he is the owner of copyright  in the work and that he requests the Comptroller 
during a period specified in the notice to treat copies of the work as prohibited:  s.48(1).   In addition to this provision, any police officer , not below the rank of Sergeant, 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 his 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/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 46 
 
 
   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 require ment 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  exceeding Two Thousand Five Hundred 
Eastern Caribbean Dollars (XCD 2,500.00) or to imprisonment for a maximum term of 12 months:  
s.140.  
28. Please indicate if border enforcement is availabl e to owners of other forms of intellectual 
property and, if so, please describe the procedur es and remedies available in relation to each 
form of intellectual property, citing the relevant provisions of law. 
 Border enforcement is not available to owne rs of other forms of intellectual property. 
 
29. Article 58 of the TRIPS Agreement specifi es procedures to be followed where the 
competent authorities can act ex officio.  Plea se explain whether the competent authorities in 
Saint Vincent and the Grenadines are empowered to act ex officio and, if so, please identify the 
intellectual property areas subject to ex officio action. 
 Under the Trade Marks Act No. 46 of 2003, if infringing goods are imported into 
Saint Vincent and the Grenadines and the Comptroller, relying on evid ence received, is satisfied that 
that the use of the trademark on the goods is fraudul ent, the Comptroller 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 consigned to Saint Vincent and the Grenadines and the name 
and address 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 w ith a request under s.122(1) is ten working days 
from the day on which the request is made Re gulation 69, Trade Marks Regulations 2004. 
  Under the provisions of the Copyright Act No. 21 of 2003, any police officer, not below the rank of Sergeant, 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 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 his 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).   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 require ment 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  exceeding Two Thousand Five Hundred 
Eastern Caribbean Dollars (XCD 2,500.00) or to imprisonment for a maximum term of 12 months:  
s.140.   IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 47 
 
 
  K. CRIMINAL
 PROCEDURES 
30. Please describe in detail how the laws of Saint Vincent and the Grenadines implement 
article 61 of the TRIPS Agreement that requires members to have criminal procedures and penalties, including imprisonment and/or monetary  fines sufficient to act as a deterrent, at least 
for cases of wilful trademark counterfeiting and copyright infringement on a commercial scale.  
Please cite to the relevant provisions of law and regulation. 
 All criminal procedures in Saint Vincent a nd the Grenadines are governed by the Criminal 
Procedure Code, CAP 125 of the Laws of Saint Vincent and the Grenadin es, Revised Edition 1990. 
 
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 instrument to be used to commit an 
offence against s.123 or s.124:  s.125(1) 
- to draw or program a computer or othe r device 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, instru ment, 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 (XCD 250,000.00):  s.127  
Copyright
 
 
Criminal Remedies  
 
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 Saint Vincent and the Grenad ines for a purpose other than private domestic use 
or distributes otherwise than in the course of busin ess 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). IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 48 
 
 
   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 two 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 unde r s.44(2) or 44(3) is a fine not exceeding 
One Thousand Five Hundred Eastern Caribbean Do llars (XCD 1,500.00) 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 consent to make for sale or hire;  import into 
Saint Vincent and the Grenadines otherwise than fo r 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 cour se of a business 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 r ecording 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 Ea stern Caribbean Dollars (XCD 2,500.00) or to 
imprisonment for a term not exceeding 12 months;  or on indictment to a fine not exceeding 
Fifty Thousand Eastern Caribbean Dollars (XCD 50, 000.00) or to imprisonment for term not 
exceeding five 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 Sergeant, may enter and search any premises or place;  stop and search any vehicle;  stop, board and sear ch 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 his 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/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 49 
 
 
   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 require ment 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  exceeding 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 Act 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.  
31. Article 61 also requires that remedies in appr opriate cases include the seizure, forfeiture 
and destruction of infringing goods and any materials and implements the predominant use of 
which has been the commission of an offence.  Please describe the provisions in the laws of 
Saint Vincent and the Grenadines that provide for such remedies, and describe the circumstances in which those remedies would be imposed, citing to the relevant provisions of 
law or regulation. 
Patents
 
 
 Remedies for the infringement of patent rights 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 as a remedy, among others, an order fo r the respondent to deliver up or destroy any 
product in relation to which the patent is infringed or  any article in which that product is inextricably 
comprised.  Trademarks
 
  Remedies for the infringement of trademark rights are set out in Parts 15-17 of the Trade 
Marks Act, No. 46 of 2003. 
 
• Border Measures:  Part 16 ss.111-122 
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.  In such cases the Comptroller may seize the imported goods and notify the owner 
of the imported goods. 
 
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 person may institute proceedings in the Court to 
prevent any of the acts referred to in s.6:  s.7(1). 
 IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 50 
 
 
  The remedies available to the claimant in such proceedings are, in addition to an 
injunction, the court may award damages and grant any other remedy or relief the Court 
thinks fit:  s.7(2). 
 
Industrial Designs
 
  Remedies for the infringement of Industrial Desi gns 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. 
 
• 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 infringeme nt or an imminent infringement;  award 
damages or grant any other relief 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.  
• Criminal Remedies:  s.15 
Any person who contravenes the exclusive right s 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 three years:  s.15(1).  In addition to the prescribed fine and term of imprisonment, the Court may order the seizure, forfeiture 
and destruction of the lay-out design, integrat ed circuit or articles concerned and of any 
material or implement, predominantly used to commit an offence:  s.15(2). 
 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 makes, imports, possesses in the course 
of trade or sells or lets for hire, any arti cle specifically designed or adapted for making 
infringing copies:  s.28(3). 
  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: 
 
• Damages, 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 ma y take into account the flagrancy of the 
infringement and has power to award additio nal damages as the court deems fit in the 
circumstances:  s.29(3). 
  IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 51 
 
 
   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 withstanding that the infringement related to only 
one or some of the protected works:  s.32.  
Remedies for the infringement of Rights in Performances
 
  An infringement of rights in performances is ac tionable 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. 
  A person having performers or recording rights may also seize and detain an illicit recording 
of a performance:  s.126. 
 
Criminal Remedies
 
 Remedies for the infringement of Economic Rights
 
  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). 
  The penalty on conviction of an offence unde r s.44(2) or 44(3) is a fine not exceeding 
One Thousand Five Hundred Eastern Caribbean Do llars (XCD 1,500.00) 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 consent to make for sale or hire;  import into 
Saint Vincent and the Grenadines otherwise than fo r 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 cour se of a business 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 r ecording 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 Ea stern Caribbean Dollars (XCD 2,500.00) or to 
imprisonment for a term not exceeding 12 months;  or on indictment to a fine not exceeding 
Fifty Thousand Eastern Caribbean Dollars (XCD 50, 000.00) or to imprisonment for term not 
exceeding five 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.  IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 52 
 
 
  Border Measures
 
 
 The owner of copyright in any published litera ry, dramatic or musical work may give notice 
in writing to the Comptroller of Customs and Excise th at he is the owner of copyright in the work and 
that he requests the Comptroller during a period specifi ed in the notice to treat copies of the work as 
prohibited:  s.48(1). 
 
Powers of members of the Police Force  
 
 Any police officer, not below the rank of Sergeant, may enter and search any premises or 
place;  stop and search any vehicle;  stop, board and sear ch 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 his 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). 
 
 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 require ment 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  exceeding 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 Act 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. 
 
32. Article 61 also indicates that Members may provide for criminal procedures and 
penalties in cases of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws of Saint Vincen t and the Grenadines that provide for such 
procedures and remedies, citing to the relevant provisions of law or regulation. 
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 manne r as would mislead the public as to the 
geographical origin of the goods:  s.6(1)(a);  IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 53 
 
 
  - No person shall use a geographical indi cation identifying wines for wines not 
originating in the place indicated or iden tifying 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 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, false allegations in the 
course of trade and misleading indications or allegations:  s.6(1)(c). 
 Any person who contravenes this section is  liable on conviction to a fine not exceeding 
Ten Thousand Eastern Caribbean Dollars (XCD 10,000.00) or to imprisonment for two years or to 
both fine and imprisonment.  Industrial Designs
 
 
 Remedies for the infringement of Industrial Desi gns 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 five 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. 
 
• Criminal Remedies:  s.15 
Any person who contravenes the exclusive right s 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 three years:  s.15(1).  In addition to the 
prescribed fine and term of imprisonment, the Court may order the seizure, forfeiture 
and destruction of the lay-out design, integrat ed circuit or articles concerned and of any 
material or implement, predominantly used to commit an offence:  s.15(2). 
 L. STATISTICAL
 QUESTIONS 
33. Please provide statistical information related to civil copyright, trademark, geographical 
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for 2000, including the number of ca ses filed;  injunctions issued;  infringing 
products seized;  infringing equipment seized;  cases resolved (including settlement);  and the 
amount of damages awarded. 
 We are unable to provide the statistical info rmation requested as no statistics are available. 
 
34. Please provide statistical information related  to criminal enforcement in the area of 
copyright piracy and trademark infringement  for 2000, including the number of raids, 
prosecutions, convictions, and the amount of fin es and/or jail terms (including whether the fines IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 54 
 
 
  were paid and whether the jail term was actu ally served or was suspended) and any other 
information establishing that the criminal system operates effectively to deter copyright piracy 
and trademark counterfeiting. 
 We are unable to provide the statistical info rmation requested as no statistics are available. 
 
VI. RESPONSES TO THE QUESTIONS POSED BY THE EUROPEAN COMMUNITIES 
AND THEIR MEMBER STATES 
A. GENERAL
 PROVISIONS 
1. Please describe if your legislation includes me asures necessary to protect public health 
and nutrition, and to promote the public interes t in sectors of vital importance to your socio-
economic and technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explain how such me asures are consistent with the provisions of the 
TRIPS Agreement. 
 Please find below various parts of the legisl ation which relate to measures necessary to 
protect public health and nutrition, and to promote the public interest in sectors vital to socio-
economic and technological development:  Patents
 
  Sections 49-51 of the Patents Act, No. 39 of 2004, provide for the issue of a non-voluntary 
licence. 
  Under s.49(1) of the Patents Act, any interested  person may apply to the Court for the grant of 
a non-voluntary licence at anytime after three years from the grant of a patent or four years from the date of the filing of the application for a patent, wh ichever is later, on the ground that a market for the 
patented invention is not being supplied or that a market for the patented invention is not being 
supplied on reasonable terms in Sa int Vincent and the Grenadines. 
  Under the provisions of s.51, where the public interest so requires, or where the Minister decides that the manner of exploitation by the owner of a patent or his licensee is anti-competitive, the 
Minister may authorize a Crown agency or any pers on in writing, to make, use, exercise or vend the 
patented invention for the services of the Crown subj ect to the payment of adequate compensation to 
the owner thereof, taking into account th e economic value of the exploitation. 
  By virtue of s.13(2), the following are excluded from patent protection:  
(a) a discovery, scientific theory or mathematical method; 
(b) a literary, dramatic, musical or artistic work or any other aesthetic creation 
whatsoever; 
(c) a scheme, rule or method for performing a mental act, playing a game or doing 
business; 
(d) diagnostic, therapeutic and surgical methods fo r the treatment of humans or animals;   
(e) the presentation of information;  IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 55 
 
 
  (f) an invention, the commercial exploitation of which would be contrary to public order 
or morality; 
(g) an invention which is prejudicial to human, an imal or plant life, to health or to the 
environment;  or 
(h) any plant or animal variety or any biologi cal process for the generation of plant or 
animals, not being a microbiological process or the product of such a process. 
Copyright
 
  The following acts in relation to a work protected by copyright do not constitute an 
infringement of copyright under the provisions of the Copyright Act No. 21 of 2003: 
  
• Fair Dealing of protected works for the purpose of research and private study s.50;  
• Fair Dealing of protected works for the purpose of criticism, review or reporting on 
current events s.51. In determining “fair dealing” the Court will take into account the nature of the work, 
the extent of the works affected, the purpose a nd character of the use, and the effect of 
the infringing act on the commercial value of the work s.52; 
• Incidental inclusion of a work in an artis tic work, sound recording, film, broadcast or 
cable programme s.53; 
• Anonymous and Pseudonymous  literary works s.54; 
• Use of notes or a record of spoken words,  for the purpose of reporting current events, 
broadcasting or including in a cable programme s.55; 
• Use of work for educational purposes ss.56-61; 
• Exceptions for Libraries and Archives ss.62-66;  
• Exceptions relating to Public Administration ss.67-71;  
• Exceptions relating to works in Electronic Form s.72; 
• Miscellaneous Exceptions relating to literary , dramatic, musical and artistic works 
ss.73-77; 
• Miscellaneous exceptions relating to broadcasts ss.78-81;  
• Prescribed Exceptions s.82. 
 Trade Marks
 
  An application for the registration of a trademark shall be rejected if the trademark contains or consists of scandalous matter or its use would be contrary to law s.24 Trade Marks Act No. 46 of 
2003. 
  An application for the registration of a trademar k in respect of particular goods or services shall 
be rejected if, because of some connotation that the trademark or a sign contained in the trademark has, its use in relation to those goods or services w ould be likely to deceive or cause confusion s.25. 
 Layout Designs of Integrated Circuits
 
 
 Section 16 of the Layout Designs of Integrated Circuits Act, No. 18 of 2005, states that where 
the public interest, in particular, national security, nu trition, health or the development of other vital 
sectors of the national economy requires the explo itation of the protected layout-design for public 
non-commercial use;  or a judicial or administ rative body has determined that the manner of 
exploitation of a protected layout-design by the righ t holder or his licensee, is anti-competitive, and IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 56 
 
 
  the minister is satisfied that the exploitation of  the layout-design in accordance with this section 
would remedy such practice;  the Minister may decide that even without the authorization of the right holder, a government agency or a third person designated by the Minister may exploit the layout-design. 
 
Geographical Indications
 
  Section 5(b) of the Geographical Indications  Act, No. 24 of 2004, states that indications 
which are contrary to public order or morality shall not be protected as geographical indications. 
 
B. COPYRIGHT
 AND  RELATED  RIGHTS 
2. Please state how your legislation provides for the protection of the exclusive rights of 
authors in relation to their literary and artistic works, as specified in Article 9 of the TRIPS 
Agreement which requires Members to comply with  Articles 1-21 of the Berne Convention and 
the Appendix to the Berne Convention (1971). 
The categories of works protected by copyright are enumerated in s.5(1) of the Copyright Act.  
Copyright protection subsists in the following types of works: 
 
(a) original literary, dramatic, musical or artistic works; 
(b) sound recordings, films, broad casts or cable programmes;  and 
(c) typographical arrangements of published editions. 
Section 5(2) provides that a literary, dramatic or musical work is not eligible for copyright 
protection unless it is written down, recorded or othe rwise fixed in a material form.  Section 5(2) goes 
on to state that storage of the work in a computer sh all be regarded as recording the work in a material 
form. 
 The creators of original works have several exclusive rights to do, authorize or prohibit  the 
following acts in relation to a work:  
• Reproduction of the work; 
 
• Translation of the work into other languages; 
 
• Adaptation, arrangement or other transformation of the work; 
 
• The first public distribution of the original and each subsequent copy whether by sale, 
rental or otherwise; 
 
• Rental or public lending of the original or a copy of an audiovisual work, a sound 
recording, a computer programme, a database or a musical work; 
 
• Importation of copies of the work; 
 
• Public display of the original or a copy of the work; 
 
• Public performance of the work;  IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 57 
 
 
  • Broadcasting the work e.g. by a radio, television or satellite; 
 
• Communication of the work to the public. 
  Moral Rights are set out in ss.13-14 of the Copyright Act.  The author of a literary, dramatic, 
musical or artistic work has the right to be identif ied as the author s.13.  The author of a literary, 
dramatic, musical or artistic work has the right not to  have the work or any part thereof subjected to 
“derogatory treatment”.     Section 14(1) provides that the treatment of  a work means any addition to, deletion from, 
alteration to or adaptation of the work and treat ment of a work is derogatory if it amounts to 
distortion, multiplication of the work or is other wise prejudicial to the honour or reputation of the 
author s.14(2).   Further, s.36 provides that the right to object to derogatory treatment of a work is also infringed by a person who possesses in the course of bus iness, sells or lets for hire, offers or exposes 
for sale or hire, exhibits in public or distributes in  the course business or distributes other than in the 
course of business an infringing article so as to prej udicially affect the honour and reputation of the 
author.   An “infringing article ” means a work or a copy of a wo rk which has been subjected to 
derogatory treatment as defined in s.14. 
 
 Generally, a person has the right not to have a literary, dramatic, musical or artistic work 
falsely attributed to him as the author.  Attributi on means a statement, expressed or implied, as to the 
identity of the author s.15. 
 
 Following are the terms of protection for each category of works: 
 IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 58 
 
 
   
 The following acts in relation to a work do not constitute an infringement of Copyright: 
  
• Fair Dealing of protected works for the purpose of research and private study s.50;  
• Fair Dealing of protected works for the purpose of criticism, review or reporting on 
current events s.51; 
In determining “fair dealing” the Court will take into account the nature of the work, 
the extent of the works affected, the purpose a nd character of the use, and the effect of 
the infringing act on the commercial value of the work s.52; 
• Incidental inclusion of a work in an artis tic work, sound recording, film, broadcast or 
cable programme s.53; 
• Anonymous and Pseudonymous  literary works s.54; 
• Use of notes or a record of spoken words,  for the purpose of reporting current events, 
broadcasting or including in a cable programme s.55; 
• Use of work for educational purposes ss.56-61; 
• Exceptions for Libraries and Archives ss.62-66;  
• Exceptions relating to Public Administration ss.67-71;  
• Exceptions relating to works in Electronic Form s.72; 
• Miscellaneous Exceptions relating to literary , dramatic, musical and artistic works 
ss.73-77; 
• Miscellaneous exceptions relating to broadcasts ss.78-81;  
• Prescribed Exceptions s.82. 
 
3. Please describe the protection accorded to authors of computer programs, databases or 
compilations of data. Category of work  Term of Protection  
Literary, dramatic, musical or artistic
works of known authorship remainder of the life of author after creation of the 
work plus 75 years from the end of the calendar yea r 
in which the author dies 
Literary, dramatic, musical or artistic
works of unknown authorship 50 years from the end of the calendar year in which 
the work is made 
Computer generated works  50 years from the end of the calendar year in which 
the work is made 
Sound recordings and films 50 years from the end of the calendar year in which 
the recording or film was made or 75 years from the year in which it was made available to the public 
Broadcasts and cable programmes 50 years from the end of calendar year in which the 
broadcast was made or the programme included in a cable programme service 
Typographical arrangements of publishededitions 25 years from first publication  
Performances 75 years from the end of the calendar year in which 
the performance takes place 
Literary, dramatic, musical or artisticworks first published by or under thedirection or control of a prescribedinternational organisation 50 years from the end of the calendar year in which 
the work was made or such longer period as the Minister may specify by order   IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 59 
 
 
   Section 5(1)(a) of the Copyright Act No. 21 of  2003, provides that copyright shall subsist in 
original literary works, inter alia. 
  A literary work is defined in s.2 as any work, ot her than a dramatic or musical work, which is 
written, spoken or sung;  a written table or compilation;  a computer programme. 
  The copyright owner has the exclusive right to do, authorize or prohibit the following:  
(a) reproduction of the work; 
(b) translation of the work; 
(c) adaptation, arrangement or other transformation of the work; 
(d) the first public distribution of the original and each copy of the work by sale, rental, 
or otherwise; 
(e) rental of public lending or the original or a copy of an audiovisual work, a work 
embodies in a sound recording, a computer programme, a database or a musical work 
in the form of notation, irrespective of the ownership of the original or copy 
concerned; 
(f) importation of copies of the work, even wh ere the imported copies were made with 
the authorization of the owner of the copyright; 
(g) public display of original or a copy of the work; 
(h) public performance of the work; 
(i) broadcasting of the work; 
(j) communicate the work to the public. 
 The copyright owner is also vested with the moral rights of paternity and integrity (ss.13 and 
14).  4. Please state whether your legislation provides fo r a rental right and, if so, the works to 
which it applies. 
 The Copyright Act in s.7(1) makes provision for rental rights.  Section 7(1)(d) provides that 
the owner of copyright shall have the exclusive right to do, authorize or prohibit the first public 
distribution of the original and each copy of the wo rk by sale, rental or otherwise.  The owner of 
copyright is also vested with the exclusive right to do, authorize, or prohibit the rental or public lending of the original or a copy of an audiovisual work, a work embodied in a sound recording, a 
computer programme, a database or a musical work in the form of notation, irrespective of the 
ownership of the original or copy concerned s.7(1)(e).     Rental rights apply to the following types of works: 
 
(a) original literary, dramatic, musical or artistic works; IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 60 
 
 
  (b) sound recordings, films, broad casts or cable programmes;  and 
(c) typographical arrangements of published editions. 
5. Please describe the rights granted to p erformers, producers of phonograms (sound 
recordings) and broadcasting organizations under your legislation. 
Producers of phonograms and broadcasting organizations
 
 Producers of phonograms and broadcasting organi zations enjoy the following exclusive rights 
under the Copyright Act: 
 
(a) reproduction of the work; 
(b) translation of the work; 
(c) adaptation, arrangement or other transformation of the work; 
(d) the first public distribution of the original and each copy of the work by sale, rental, 
or otherwise; 
(e) rental of public lending or the original or a copy of an audiovisual work, a work 
embodies in a sound recording, a computer programme, a database or a musical work in the form of notation, irrespective of the ownership of the original or copy 
concerned; 
(f) importation of copies of the work, even wh ere the imported copies  were made with 
the authorisation of the owner of the copyright; 
(g) public display of original or a copy of the work; 
(h) public performance of the work; 
(i) broadcasting of the work; 
(j) communicate the work to the public. 
 The copyright owner is also v ested with the moral rights of paternity and integrity (ss.13 and 
14).  Performers
 
 
 Section 102(3) of the Copyright Act No. 21 of 2003 provides that rights are conferred on a 
performer, requiring his consent to the exploitation of his performance.   Section 103(1) declares that a performer’s ri ghts are infringed by a person, who without the 
consent of the performer: 
 
(a) makes, otherwise than for his private and do mestic use, a recording of the whole or 
any substantial part of a qualifying performance;  or  IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 61 
 
 
  (b) broadcasts live, or includes live in a cable  programme service a recording of, the 
whole or any substantial part of a qualifying performance;   
(c) infringes his right of distribution or right of making available to the public a fixed 
performance by wire or wireless means. 
 Section 104(1) declares that a performer’s ri ghts are infringed by a person who without the 
consent of the performer and payment of roya lty, uses an original recording of a qualifying 
performance, whether authorized or not, for the pur pose of making an adaptation of the recording. 
  Adaptation means a recording in which the perfo rmer is accompanied by lyrics or music not 
contained in the original recording (s.104(2)). 
  Section 105(1) declares that a performer’s ri ghts are infringed by a person who, without his 
consent:  
(a) imports into Saint Vincent and the Gren adines otherwise than for his private and 
domestic use or; 
(b) in the course of a business, possesses, sells or lets for hi re, offers or exposes for sale 
or for hire or distributes a recording of a qualifying performance which is, and which 
that person knows or has reason to  believe is, an illicit recording. 
 It is an offence for a person without sufficient consent to make for sale or hire;  import into 
Saint Vincent and the Grenadines otherwise than fo r 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 cour se of a business 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 r ecording 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 Ea stern Caribbean Dollars (XCD 2,500.00) or to 
imprisonment for a term not exceeding 12 months;  or on indictment to a fine not exceeding 
Fifty Thousand Eastern Caribbean Dollars (XCD 50, 000.00) or to imprisonment for term not 
exceeding five 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. 
  In addition to the above mentioned rights an d in relation to live oral performances and 
performances fixed on a phonogram s.106(1) provides for the moral rights to be identified as the 
performer and to object to any distribution, mutila tion or other modification of his performance that 
would be prejudicial to the reputation of the performer. 
 
 The term of protection for performances is 75 years from the end of the calendar year in which the performance takes place (s.121). 
 IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 62 
 
 
  6. Please state whether your legislation provides for any limitation or exception in relation 
to each of the rights described above in acco rdance with the relevant provisions of the Berne 
and Rome Conventions and in light of Arti cles 13 and 14.6 of the TRIPS Agreement. 
 The following acts in relation to a work do not constitute an infringement of Copyright: 
  
• Fair Dealing of protected works for the purpose of research and private study s.50;  
• Fair Dealing of protected works for the purpose of criticism, review or reporting on 
current events s.51. In determining “fair dealing” the Court will take into account the nature of the work, 
the extent of the works affected, the purpose a nd character of the use, and the effect of 
the infringing act on the commercial value of the work s.52; 
• Incidental inclusion of a work in an artis tic work, sound recording, film, broadcast or 
cable programme s.53; 
• Anonymous and Pseudonymous  literary works s.54; 
• Use of notes or a record of spoken words,  for the purpose of reporting current events, 
broadcasting or including in a cable programme s.55; 
• Use of work for educational purposes ss.56-61; 
• Exceptions for Libraries and Archives ss.62-66;  
• Exceptions relating to Public Administration ss.67-71;  
• Exceptions relating to works in Electronic Form s.72; 
• Miscellaneous Exceptions relating to literary , dramatic, musical and artistic works 
ss.73-77; 
• Miscellaneous exceptions relating to broadcasts ss.78-81;  
• Prescribed Exceptions s.82. 
 
7. Please state the terms of protection of each right described above and the work or 
subject matter to which it applies. 
 Following are the terms of protection for each category of works: 
  IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 63 
 
 
   
8. Please state how your legislation grants the retroactive protection provided pursuant to 
Article 18 of the Berne Convention (the obligation of which derives from Article 9 of the TRIPS 
Agreement) and Article 14.6 of the TRIPS Agreement. 
Under the transitional provisions of s.148 of th e Copyright Act, where copyright subsists in 
any literary, dramatic, musical or artistic work prior to entry into force of the current Act, copyright 
shall continue to subsist and the person entitled theret o shall be the owner of the copyright subject to 
the Act.  In particular, the following shall be subject to the provisions of the Act: 
• the duration of the copyright; 
• the acts comprised within the exclusive rights attaching to the copyright;  and 
• the effect upon the ownership of the copyright of any event or transaction occurring or 
any contract or agreement made on or after the appointed day s.148(1). 
 
Legal proceedings under the current Act may be instituted in relation to an alleged 
infringement which occurred before th e Act entered into force s.148(5). 
9. Please explain whether the droit de suite provided for in Article 14ter of the Berne 
Convention is protected in your legislation. 
 The droit de suite  provided for in Article 14 ter of the Berne Convention is not protected in the 
legislation. 
 Category of work  Term of Protection  
Literary, dramatic, musical or artistic
works of known authorship remainder of the life of author after creation of the 
work plus 75 years from the end of the calendar yea r 
in which the author dies 
Literary, dramatic, musical or artistic
works of unknown authorship 50 years from the end of the calendar year in which 
the work is made 
Computer generated works  50 years from the end of the calendar year in which 
the work is made 
Sound recordings and films 50 years from the end of the calendar year in which 
the recording or film was made or 75 years from the year in which it was made available to the public 
Broadcasts and cable programmes 50 years from the end of calendar year in which the 
broadcast was made or the programme included in a cable programme service 
Typographical arrangements of publishededitions 25 years from first publication  
Performances 75 years from the end of the calendar year in which 
the performance takes place 
Literary, dramatic, musical or artisticworks first published by or under thedirection or control of a prescribedinternational organisation 50 years from the end of the calendar year in which 
the work was made or such longer period as the Minister may specify by order  IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 64 
 
 
  C. TRADE
 MARKS 
10. Please give the definition of a sign under your national legislation and explain under 
what conditions it is protectable. 
 A sign is defined as “a letter, word, name, signa ture, numeral, device, brand, heading, label, 
ticket, aspect of packaging, shape, colour or s ound or any combination thereof” s.2 of the Trade 
Marks Act No. 46 of 2003.   Absolute and relative grounds for rejecting an application for the registration of a trademark 
are set out in ss.22-26 of the Trade Marks Act.  A sign is protectable in the following circumstances: 
 
• the trademark shall not contain or consist of a prescribed sign s.21; 
• the trademark must be capable of graphical representation s.22; 
• the trademark must be capable of distinguish ing the applicants goods and services from 
the goods and services of other persons s.23; 
• the trademark must not contain or consist of  scandalous matter.  An application will 
also be rejected if the use of the trademark would be contrary to law s.24; 
• the trademark must not be likely to cause confusion or deceive s.25; 
• the trademark must not be substantially iden tical or deceptively similar to a registered 
trademark or a trademark whose registration is being sought in respect of similar goods 
and services s.26; 
 
11. Please confirm whether or not services a re protectable subject matter in your 
trademark law.  Please confirm if signs, such as  trade names, are protectable.  Please describe if 
elements such as sound, perfumes and containers are protectable. 
 Services are protectable subject matter under the Act. 
 
 Section 5.(1) provides that a trademark may be  registered in accordance with the Act in 
respect of goods, services, or both goods and services.   
 Trade names are also protectable.  Elements such as sound and containers are protectable.  
Perfumes are not protectable. 
12. Please explain what the requirements of use are, if any, as a condition for a trademark 
registration.  Please explain the definition of  use and the conditions of maintenance of a 
registration in that respect. 
There are no requirements of use as a condition for trademark registration.   
 However, an application for the registration of a trademark may be opposed on the ground 
that the applicant does not intend to use, or author ise the use of the tradem ark in Saint Vincent and 
the Grenadines or to assign the trademark to a body corporate for use by the body corporate in 
Saint Vincent and the Grenadines s.39(b). 
 “Use” of a trademark in relation to goods is de fined in s.2 as use of the trademark upon, or in 
physical or other relation to, the goods, including second-hand goods.  Use of a trademark in relation 
to services is defined as use of the trademark in physical or in other relation to the services. 
Concerning conditions of maintenance of registra tion in respect of use, an aggrieved party 
may apply to the Registrar for a trademark to be re moved from the Register if the trademark has been  IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 65 
 
 
  registered for a continuous period of three years a nd at no time during that period the registered owner 
used the trademark in Saint Vincent and the Gr enadines or used the trademark in good faith in 
Saint Vincent and the Grenadines in relati on to the goods or services or both s.72. 
13. Please confirm whether or not your legislation permits that the registration of 
trademarks be indefinitely renewable. 
 The legislation does not make specific provision for indefinite renewal of a trademark.  
However, by operation of law, the same may be  achieved as a trademark may be renewed for 
successive periods of ten years ss.55-60.  14. Please describe the special requirements, if any, prescribed by your legislation 
concerning the use of a trademark. 
 The special requirements prescribed by the legi slation concerning the use of a trademark are 
those stated above in the answer to Question 12.  
D. GEOGRAPHICAL
 INDICATIONS 
15. Please explain whether or not your trad emark registration authority refuses a 
trademark application if it contains a geographical indication. 
The Trade Marks legislation does not give the au thority to refuse a trademark application if it 
contains a geographical indication.  However under s. 41 of the Trade Marks Act, the registration of a 
trademark in respect of particular goods may be opposed on the ground that the trademark contains or 
consists of a sign that is a geographical indication for other goods originating in 
(a) country, or in a region or locality in a c ountry, other than the country in which the 
relevant goods originated;  or 
(b) a region or locality in the country in which the relevant goods originated other than 
the region or locality in which the relevant goods originated. 
 The Geographical Indications Act No. 24 of 2 004 imposes an obligation on the Registrar to 
refuse the registration of a trademark if it contains  a misleading or conflicting geographical indication. 
  Section 17 of the Geographical Indications Ac t provides that the Registrar shall on his own 
motion or at the request of an interested party, refuse or invalidate the registration of a trademark which contains or consists of a geographical indicat ion with respect to goods not originating in the 
territory indicated, if use of the indication in the trademark in Sain t Vincent and the Grenadines is of 
such a nature as to mislead the public  as to the true place of origin. 
  Section 18 of the Geographical Indications Act provides that the registration of a trademark for wines which contains or consists of a geographi cal indication identifying wines or of a trademark 
for spirits which contains or consis ts of a geographical indication iden tifying spirits shall be refused or 
invalidated by the Registrar on his own motion or at th e request of an interested party with respect to 
such wines or spirits which do not have this origin. 
 
16. Please give the definition of a geographical indication in your legislation. 
The Geographical Indications Act defines a ge ographical indication as an indication which 
identifies a good as originating in the territory of a country, or a region or locality in that territory, IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 66 
 
 
  where a given quality, reputation or other character istic of the good is essentially attributable to its 
geographical origin s.2. 
17. Please describe and explain the provisions of your legislation establishing a link, if any, 
between the characteristics of an indication and its geographical origin. 
 Under s.5 of the Act, a geographical indicati on which does not correspond to the definition of 
a geographical indication in s.2 shall not be protected.    
18. Please describe how additional protection is  granted by your legislation to wines and 
spirits.  Please mention other types of products, if any, covered by this additional protection. 
 Section 17 of the Geographical Indications Ac t provides that the Registrar shall on his own 
motion or at the request of an interested party, refuse or invalidate the registration of a trademark which contains or consists of a geographical indicat ion with respect to goods not originating in the 
territory indicated, if use of the indication in the trademark in Sain t Vincent and the Grenadines is of 
such a nature as to mislead the public  as to the true place of origin. 
 
 Section 18 of the Geographical Indications Act provides that the registration of a trademark for wines which contains or consists of a geographi cal indication identifying wines or of a trademark 
for spirits which contains or consis ts of a geographical indication iden tifying spirits shall be refused or 
invalidated by the Registrar on his own motion or at th e request of an interested party with respect to 
such wines or spirits which do not have this origin. 
 
19. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in 
your jurisdiction.  Please provide examples of the use of the exceptions by courts or list names 
considered as generic in your jurisdiction. 
 The exceptions under Article 24 of the TRI PS Agreement are detailed in s.19 of the 
Geographical Indications Act.   
 Section 19(1) provides that nothing in this Ac t shall prevent continued and similar use of a 
particular geographical indication of another country identifying wines or spirits in connection with 
goods or services by any of its nationals or domicilia ries who have used that geographical indication 
in a continuous manner with regard to the same or  related goods or services in the territory of that 
country either: 
 
(a) for at least ten years preceding April 15, 1994;  or 
(b) in good faith preceding that date.  
 Section 19(2) provides that where a trademark has been applied for or registered in good 
faith, or where rights to a trademark have been acquired through use in good faith either: 
 
(a) before the date of entry into force of the Act;  or 
(b) before the geographical indication is protected  in its country of origin, this Act shall 
not prejudice the registrability or the validity of the registration of a trademark, or the right to use a trademark, on the basis that  such a trademark is identical with, or 
similar to, a geographical indication.  IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 67 
 
 
   Section 19(3) states that nothing in the Act shall apply in respect of a geographical indication 
of any country with respect to goods or services for which the relevant indication is identical with the 
term customary in common language as the common name for such goods or services in Saint Vincent and the Grenadines or in respect of a geographical indication of any other country with 
respect to products of the vine for which the releva nt indication is identical with the customary name 
of a grape variety existing in Saint Vincent and the Grenadines as of 1 January 1995. 
 Section 19(4) provides that any request for relie f made under Part II of the Act in connection 
with the use or registration of a trademark must be presented within five years after the adverse use of 
the protected indication has become generally known in Saint Vincent and the Grenadines or after the 
date of registration of the trademark in Saint Vin cent and the Grenadines, provided that the trademark 
has been published by that date, if such date is earlier than the date on which the adverse use became 
generally known in Saint Vincent and the Grenadin es and provided that the geographical indication is 
not used or registered in bad faith. 
 The Act shall in no way prejudice the right of an y person to use, in the course of trade, that 
person’s name or the name of that person’s predecess or in business, except where such name is used 
in such a manner as to mislead the public s.19(5). 
 No information is available concerning the use of the exceptions by courts or lists of names 
considered as generic in Sain t Vincent and the Grenadines. 
 
E. INDUSTRIAL
 DESIGNS 
20. Please explain whether or not your legislation extends to the protection of designs 
dictated essentially by technical or functional considerations.  Please explain how textile designs 
are protected. 
 Protection does not extend to designs dictated essentially by technical or functional 
considerations.  Pursuant to s.3( 1) of the Industrial Designs Act No .20 of 2005, a composition of lines 
or colours, a three dimensional form or a material, whether or not associated with lines or colours, is 
deemed to be an industrial design where such composition, form or material gives a special 
appearance to a product of industry or handicraft, can serve as a pattern for a product of industry or 
handicraft and appeals to and is judged by the eye.   
 Section 3(2) expressly provides that protecti on does not apply to anything in an industrial 
design which serves solely to obtain a technical result and to the extent that it leaves no freedom as 
regards arbitrary features of appearance. 
  The Act makes no specific provision for textile designs.    
21. Please explain how your legislation protects right holders of a design against importing 
of articles bearing embodied or copied design. 
 Section 9 of the Industrial Designs Act provid es for the protection of a right holder against 
importing of articles bearing embodied or copied design.   
 
 Section 9(1)provides that the exploitation of a registered industrial design in Saint Vincent 
and the Grenadines by persons other than the regi stered owner shall require the agreement of the 
registered owner. 
(i) Section 9(2) provides that for the purpose of the Act, “exploitation” of a 
registered industrial designs means the making, selling, importing or IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 68 
 
 
  otherwise distributing, for commercial purposes, articles bearing or 
embodying a design which is a copy, or s ubstantially a copy, of the industrial 
design. 
 Civil remedies for infringement of a registered design are provided in 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 infringement or an imminent infringement;  award damages or grant any other relief provided 
for in general law. 
 
 Criminal remedies for infringement of a registered design are provided in 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 five years.  
22. Please state whether or not your legislation pr ovides for the right to issue a compulsory 
license for industrial designs. 
 The Industrial Designs Act does not make provision for the right to issue a compulsory 
license for industrial designs.  
23. Please indicate for what period of time your legislation grants protection for industrial 
designs. 
 Protection for Industrial Designs is granted fo r a period of 5 years s.10(1).  The registration 
may be renewed for one further consecutive period of five years s.10(2).  F. PATENTS 
24. Please describe how your legislation defines the notions of: novelty, inventiveness and 
industrial application. 
 The notions of novelty, inventiveness and in dustrial application are defined as follows: 
 
• novelty:  an invention shall be considered new if it does not form part of the state of the 
art.  The state of the art shall comprise ev erything disclosed about the invention to the 
public whether in Saint Vincent and the Gren adines or elsewhere, by written or oral 
disclosure or any other means prior to the date of filing the application s.14;   
 
• an invention involves an inventive step if it is not obvious to a person having ordinary 
skill in the art, having regard to anything wh ich forms part of the state of the art s.15; 
 
• an invention is taken to be capable of indus trial application if the invention, according 
to is nature, can be made or used in any kind of industry including agriculture, fishery and handicraft s.16. 
 25. Please explain whether or not in your legislatio n, patent or otherwise, patent rights are 
enjoyed without any exclusions.  If exclusions  are provided for, please describe in detail how 
these exclusions are applied in legal as well as practical terms. 
 Section 25 (1) of the Patents Act, sets out th e exclusive rights conferred on the owner of a 
patent.  The owner of a patent has exclusive right s to exploit the patented invention, to assign or 
transmit the patent and to conclude licence contracts.  IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 69 
 
 
   Section 25(1) further provides that the owner of the patent shall enjoy such rights subject to 
the provisions of s.25 and ss.26-29.   Section 26 provides that a patent confers on th e owner the right to prevent all persons not 
having his consent from supplying or offering to s upply a person in Saint Vincent and the Grenadines, 
other than a person entitled to engage in commercial working of the patented invention, with means 
relating to an essential element of that invention, for putting it into effect therein, provided that that 
persons knows or ought to have known that those mean s are intended to put the invention into effect. 
 
 Section 27 states that the rights conferred by a patent shall not extend to the following: 
 
• acts done privately for non-commercial purposes; 
 
• acts done for experimental purposes relating to the subject matter of the relevant 
patented invention; 
 
• the extemporaneous preparation for individual cases in a pharmacy of a medicine in 
accordance with a medical prescription or act s concerning the medicine so prepared; 
 
• the use of articles on aircraft, land vehicles or vessels of other countries which 
temporarily or accidentally enter the airspace, the territory or territorial waters of Saint Vincent and the Grenadines. 
 
 Section 28 provides for regional exhaustion of rights and states that the rights conferred by a 
patent shall not extend to acts in respect of ar ticles which have been put on the market in the 
Caribbean Community.   Section 29 provides that the extent of protection conferred by a patent sh all be determined by 
the terms of the claim. 
 
 Section 25(2) provides that the owner of a pate nt shall have the right to take action against 
any person who exploits the patented invention in Saint Vincent and the Grenadines without his 
consent, subject to ss.28, 49, 51, and 61.  
 Section 28 has been discussed above. 
 
Section 49 of the Patents Act makes provision for non-voluntary licenses granted by the 
Court. 
Under s.49 (1) of the Patents Act, any interested  person may apply to the Court for the grant 
of a non-voluntary licence at anytime after three years from the grant of a patent or four years from 
the date of the filing of the application for a patent , whichever is later, on the ground that a market for 
the patented invention is not being supplied or that  a market for the patented invention is not being 
supplied on reasonable terms in Sa int Vincent and the Grenadines. 
Section 49(3) provides that a licence granted by the Court under s.49(1): 
(a) is not exclusive; 
(b) shall not be assigned otherwise than in c onnection with the goodwill of the business 
in which the patented invention is used;  and IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 70 
 
 
  (c) is limited to the supply of the patented invention predominantly in 
Saint Vincent and he Grenadines.  
 Where the Court is satisfied that the grounds  on which any licence granted under s.49(1) have 
ceased to exist, it may, on the application of any interested party, terminate the licence:  s.49(4). 
 
 Any person to whom a licence is granted under th is section shall pay such remuneration to the 
patentee as may be agreed or as may be determined by a method ag reed upon between that person and 
the patentee, or in default of agreement, as is de termined by the Court on the application of either 
party:  s.49(5). 
 
 A licence shall not be granted under this se ction unless the person applying for the licence, 
having taken all reasonable steps to do so, has been  unable to obtain a licence, or to obtain a licence 
on reasonable terms from the patentee:  s.49(6).  
 A licence shall not be granted under this section in respect of a patent relating to an integrated 
circuit:  s.49 (7).   The powers of the Court on an application under section 49 shall be exercised with a view to securing that the inventor or other person beneficia lly entitled to the patent shall receive reasonable 
remuneration having regard to the economic value of the licence: s.50. 
 
 Section 51 of the Patents Act makes provision for the use of patented inventions for the 
services of the Crown.   The Minister with responsibility for Legal Af fairs, may authorize a Crown Agency or any 
person in writing, to make, use, exercise or vend a patented invention for the services of the Crown 
where the public interest so requires or where the Minister decides that the manner of exploitation by 
the owner or his licensee is anti-competitive: s.51(1).    
Where a Crown Agency or a person is authorized by the Minister to use a patented invention 
for the services of the Crown, such authori zation is subject to the following conditions: 
 
• Payment of adequate compensation to the owne r of the patented invention, taking into 
account the economic value of the exploitation: s.  51(1). 
 
• Before issuing his authorisation under s.51 (1), the Minister shall hear the owner of the 
patent and any other interested party who ma y wish to be heard except in the case of a 
national emergency:  s.51(2) and (3). 
 
• Before an authorisation is granted under s.51(1) , the Minister must be satisfied that the 
proposed user has made efforts to obtai n a licence from the patentee on reasonable 
commercial terms and conditions within a reas onable time, but has failed to do so: s.  
51(7) (a).  This provision does not appl y in cases of national emergency or other 
circumstances of extreme urgency.  Notwithstanding, the owner of the patent must be 
notified of the Minister’s decision as soon as is reasonably practicable:  s.51 (7)(b). 
 
• A decision of the Minister under s.51(1), (4) or (5) shall be subject to judicial review at 
the instance of the owner of the patent or any other interested party:  s.51(8). 
  IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 71 
 
 
  • Where a person other than a Crown agency is  authorized by the Minister to use a 
patented invention for the services of the Crow n, the licence is not exclusive;  it shall 
not be assigned otherwise than in connecti on with the goodwill of the business in which 
the patented invention is used;  and the licen ce is limited to the supply of the patented 
invention predominantly in Saint Vincen t and the Grenadines:  s.51(6).  These 
conditions are in addition to those immediately preceding.   
  Section 61(1) provides that where a patent is granted for an invention, a person who before 
the filing date of the application or, if priority w as claimed, before the date of priority, does in good 
faith in Saint Vincent and the Gren adines an act which would constitute an infringement of the patent 
if it were then in force, or makes in good faith e ffective and serious preparation to do such an act, 
shall have the rights specified in subsection (2).   Section 61(2) states that the rights referred to in subsection (1) shall be the following: 
 
(a) to continue to do, or as the case may be, to do that act himself 
(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 under paragraph (a) 
(ii) to transmit the right under paragraph (a) to his heirs on his 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 the act was done or preparations 
had been made to do it;  or 
(iii) to authorize the act to be done by any pa rtners of his for the time being in that 
business, 
and the doing of that act by virtue of this subsecti on shall not amount to an infringement of the patent 
concerned. 
 Section 61(3) provides that the rights specified in subsection (2) shall not include the right to 
grant a licence to any person to do an  act referred to in subsection (1). 
  Section 61(4) provides that where a product which is  the subject of a patent is disposed of by 
any person to another in exercise of a right conf erred by subsection (2), that other and any person 
claiming through him shall be entitled to deal with  the product in the same way as if it had been 
disposed of by a sole proprietor of the patent. 
 
26. Please explain whether your legislation provides for the exclusion of inventions from 
patentability based on ordre public or morality.  If so, Please explain the relevant section of 
your legislation and explain its formulation.  Pl ease also explain if it has been applied in 
practice. 
 The legislation provides for the exclusion of  inventions from patentability based on public 
order and morality.  Section 13(2)(f) states that an invention, the commercial exploitation of which 
would be contrary to public order or mo rality, is excluded from patent protection. 
 
 The provision has not been applied in practice. IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 72 
 
 
  27. Please explain whether or not diagnostic, thera peutic and surgical methods are excluded 
from patentability in your legislation.  If so, please explain the relevant section of your legislation and explain its formulation. 
 Section 13(2)(d) provides that diagnostic, ther apeutic and surgical methods for the treatment 
of humans or animals are excluded from patent protection. 
 
28. Please explain whether or not plants, anim als and essentially biological processes are 
excluded from patentability in your legislation.  If so, please explain the relevant section of your legislation and explain its formulation. 
 Section 13(2)(h) provides that any plant or an imal variety or any biological process for the 
generation of plants or animals, not being a micr obiological process or the product of such a process, 
are excluded from patent protection. 
29. Please describe how micro-organisms, non-essentially biological processes, 
microbiological processes and plant varieti es are protected in your legislation.   
 Please explain, in this respect, the relevant sections of your legislation. 
 
 The patents legislation does not specifically mention patent protection for  micro-organisms 
and non-essentially biological processes.  An applicati on for the grant of a patent may be made for an 
invention in all fields of technology except those excluded from patent protection under s.13. 
  Section 13(2)(h) provides that any plant or an imal variety or any biological process for the 
generation of plants or animals, not being a micr obiological process or the product of such a process, 
are excluded from patent protection. 
 
 A draft bill in respect of protection for new plant varieties is currently being reviewed. 
 
30. Please explain how your legislation protect s patent right holders against the importing 
and against the offering for sale of a patented invention. 
 Section 25(1) provides that the owner of a pate nt shall have exclusive rights to exploit the 
patented invention, to assign or transmit the patent and to conclude licence contracts.   
  According to section 25(3)(a)(i), exploiting a pate nted invention includes, when the patent has 
been granted in respect of a product, making, importi ng, offering for sale, selling or using the product. 
 
 When the patent has been granted for a pro cess, exploiting the patented invention includes 
doing any of the acts referred to in s.25(3)(a)(i), in respect of a product obtained directly from the process.  
31. Please state if your legislation provides for patent product protect ion of pharmaceutical 
and agricultural chemical products.  In the a ffirmative, please indicate the legal reference. 
 The patents legislation does not specifica lly mention patent product protection of 
pharmaceutical and agricultural chemical products.  An  application for the grant of a patent may be 
made for an invention in all fields of technolog y except those excluded from patent protection under 
s.13.   IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 73 
 
 
  32. Please clarify if the patent protection of a process, as provided for in your legislation, 
covers the product obtained directly by that process. 
 The patents legislation does not specifically mention that patent protection of a process, 
covers the product obtained directly by that process. 
 
 However s.25 provides that the owner of a pate nt shall have exclusive rights to exploit the 
patented invention, to assign or transmit the patent and to conclude licence contracts.   
  According to section 25(3)(a)(i), exploiting a pate nted invention includes, when the patent has 
been granted in respect of a product, making, importi ng, offering for sale, selling or using the product. 
 When the patent has been granted for a pro cess, exploiting the patented invention includes 
doing any of the acts referred to in s.25(3)(a)(i), in  respect of a product obtained directly by means of 
the process.  
33. Please explain the additional conditions, if any, in your legislation other than the 
sufficient disclosure of the invention in Article 29 of the TRIPS Agreement (e.g.  submission of justification for access to genetic material or prior inform consent to its use).  If such additional 
conditions exist, please point out the relevant le gislation and describe the additional conditions 
in detail. 
 There are no additional conditions other than the sufficient disclosure of the invention s.30(4) 
and the provision of information concerning corresponding foreign applications s.34.  
34. Please describe if your legislation provides fo r limited exceptions to the exclusive rights 
conferred by a patent.  If affirmative, pl ease make a reference to relevant legislation. 
 Section 25(1) of the Patents Act, sets out the exclusive rights conferred on the owner of a 
patent.  The owner of a patent has exclusive right s to exploit the patented invention, to assign or 
transmit the patent and to conclude licence contracts.   Section 25(1) further provides that the owner of the patent shall enjoy such rights subject to the provisions of s.25 and ss.26-29. 
 
 Section 26 provides that a patent confers on th e owner the right to prevent all persons not 
having his consent from supplying or offering to s upply a person in Saint Vincent and the Grenadines, 
other than a person entitled to engage in commercial working of the patented invention, with means 
relating to an essential element of that invention, for putting it into effect therein, provided that that 
persons knows or ought to have known that those mean s are intended to put the invention into effect. 
  Section 27 states that the rights conferred by a patent shall not extend to the following:  
• acts done privately for non-commercial purposes; 
 
• acts done for experimental purposes relating to the subject matter of the relevant 
patented invention; 
 
• the extemporaneous preparation for individual cases in a pharmacy of a medicine in 
accordance with a medical prescription or act s concerning the medicine so prepared; 
 IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 74 
 
 
  • the use of articles on aircraft, land vehicles or vessels of other countries which 
temporarily or accidentally enter the airspace, the territory or territorial waters of Saint Vincent and the Grenadines. 
 
 Section 28 provides for regional exhaustion of rights and states that the rights conferred by a 
patent shall not extend to acts in respect of ar ticles which have been put on the market in the 
Caribbean Community.   Section 29 provides that the extent of protection conferred by a patent sh all be determined by 
the terms of the claim. 
 
 Section 25(2) provides that the owner of a pate nt shall have the right to take action against 
any person who exploits the patented invention in Saint Vincent and the Grenadines without his 
consent, subject to ss.28, 49, 51, and 61.  
 Section 28 has been discussed above. 
 
Section 49 of the Patents Act makes provision for non-voluntary licenses granted by the 
Court. 
Under s.49(1) of the Patents Act, any interested person may apply to the Court for the grant of 
a non-voluntary licence at anytime after three years from the grant of a patent or four years from the 
date of the filing of the application for a patent, wh ichever is later, on the ground that a market for the 
patented invention is not being supplied or that a market for the patented invention is not being 
supplied on reasonable terms in Sa int Vincent and the Grenadines. 
Section 49(3) provides that a licence granted by the Court under s.49(1): 
(a) is not exclusive; 
(b) shall not be assigned otherwise than in c onnection with the goodwill of the business 
in which the patented invention is used;  and 
(c) is limited to the supply of the patented invention predominantly in 
Saint Vincent and the Grenadines.  
 Where the Court is satisfied that the grounds  on which any licence granted under s.49(1) have 
ceased to exist, it may, on the application of any interested party, terminate the licence:  s.49(4). 
 
 Any person to whom a licence is granted under th is section shall pay such remuneration to the 
patentee as may be agreed or as may be determined by a method ag reed upon between that person and 
the patentee, or in default of agreement, as is de termined by the Court on the application of either 
party:  s.49(5). 
 
 A licence shall not be granted under this se ction unless the person applying for the licence, 
having taken all reasonable steps to do so, has been  unable to obtain a licence, or to obtain a licence 
on reasonable terms from the patentee:  s.49(6).  
 A licence shall not be granted under this section in respect of a patent relating to an integrated 
circuit:  s.49(7).   IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 75 
 
 
   The powers of the Court on an application under section 49 shall be exercised with a view to 
securing that the inventor or other person beneficia lly entitled to the patent shall receive reasonable 
remuneration having regard to the economic value of the licence:  s.50.  
 Section 51 of the Patents Act makes provision for the use of patented inventions for the 
services of the Crown.   The Minister with responsibility for Legal Af fairs, may authorize a Crown Agency or any 
person in writing, to make, use, exercise or vend a patented invention for the services of the Crown 
where the public interest so requires or where the Minister decides that the manner of exploitation by 
the owner or his licensee is anti-competitive:  s.51(1).    
Where a Crown Agency or a person is authorized by the Minister to use a patented invention 
for the services of the Crown, such authori zation is subject to the following conditions: 
 
• Payment of adequate compensation to the owne r of the patented invention, taking into 
account the economic value of the exploitation:  s.51(1). 
 
• Before issuing his authorization under s.51(1), the Minister shall hear the owner of the 
patent and any other interested party who ma y wish to be heard except in the case of a 
national emergency:  s.51(2) and (3). 
 
• Before an authorization is granted under s.51( 1), the Minister must be satisfied that the 
proposed user has made efforts to obtai n a licence from the patentee on reasonable 
commercial terms and conditions within a reasonable time, but has failed to do so: 
s.51(7)(a).  This provision does not appl y in cases of national emergency or other 
circumstances of extreme urgency.  Notwithstanding, the owner of the patent must be notified of the Minister’s decision as soon as is reasonably practicable:  s.51(7)(b). 
 
• A decision of the Minister under s.51(1), (4) or (5) shall be subject to judicial review at 
the instance of the owner of the patent or any other interested party:  s.51(8). 
 
• Where a person other than a Crown agency is  authorized by the Minister to use a 
patented invention for the services of the Crow n, the licence is not exclusive;  it shall 
not be assigned otherwise than in connecti on with the goodwill of the business in which 
the patented invention is used;  and the licen ce is limited to the supply of the patented 
invention predominantly in Saint Vincen t and the Grenadines:  s.51(6).  These 
conditions are in addition to those immediately preceding.   
  Section 61(1) provides that where a patent is granted for an invention, a person who before 
the filing date of the application or, if priority w as claimed, before the date of priority, does in good 
faith in Saint Vincent and the Gren adines an act which would constitute an infringement of the patent 
if it were then in force, or makes in good faith e ffective and serious preparation to do such an act, 
shall have the rights specified in subsection (2).   Section 61(2) states that the rights referred to in subsection (1) shall be the following: 
 
(a) to continue to do, or as the case may be, to do that act himself; 
(b) if the act was done or preparations had been made to do it in the course of a business: IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 76 
 
 
  (i) to assign the right under paragraph (a); 
(ii) to transmit the right under paragraph (a) to his heirs on his 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 the act was done or preparations 
had been made to do it, or 
(iii) to authorize the act to be done by any pa rtners of his for the time being in that 
business. 
and the doing of that act by virtue of this subsecti on shall not amount to an infringement of the patent 
concerned. 
 Section 61(3) provides that the rights specified in subsection (2) shall not include the right to 
grant a licence to any person to do an  act referred to in subsection (1). 
  Section 61(4) provides that where a product which is  the subject of a patent is disposed of by 
any person to another in exercise of a right conf erred by subsection (2), that other and any person 
claiming through him shall be entitled to deal with  the product in the same way as if it had been 
disposed of by a sole proprietor of the patent. 
 
35. Please explain whether or not your legislation provides for compulsory licensing.  If so, 
please explain in detail the conditions under which a compulsory licence may be granted.  In 
particular, please explain how your national le gislation considers individual merits in the 
authorization of such use. 
The conditions to which the grant of a non-volunt ary licence shall be subject are contained in 
ss.49-51 of the Patents Act. 
Section 49 of the Patents Act makes provision for non-voluntary licenses granted by the 
Court. 
Under s.49 (1) of the Patents Act, any interested  person may apply to the Court for the grant 
of a non-voluntary licence at anytime after three years from the grant of a patent or four years from the date of the filing of the application for a patent , whichever is later, on the ground that a market for 
the patented invention is not being supplied or that  a market for the patented invention is not being 
supplied on reasonable terms in Sa int Vincent and the Grenadines. 
Section 49(3) provides that a licence granted by the Court under s.  49(1): 
(a) is not exclusive; 
(b) shall not be assigned otherwise than in c onnection with the goodwill of the business 
in which the patented invention is used;  and 
(c) is limited to the supply of the patented invention predominantly in 
Saint Vincent and the Grenadines.  
 Where the Court is satisfied that the grounds  on which any licence granted under s.49(1) have 
ceased to exist, it may, on the application of any interested party, terminate the licence:  s.49(4).  IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 77 
 
 
   Any person to whom a licence is granted under th is section shall pay such remuneration to the 
patentee as may be agreed or as may be determined by a method ag reed upon between that person and 
the patentee, or in default of agreement, as is de termined by the Court on the application of either 
party:  s.49(5). 
 
 A licence shall not be granted under this se ction unless the person applying for the licence, 
having taken all reasonable steps to do so, has been  unable to obtain a licence, or to obtain a licence 
on reasonable terms from the patentee:  s.49(6).  
 A licence shall not be granted under this section in respect of a patent relating to an integrated 
circuit:  s.49 (7).   The powers of the Court on an application under section 49 shall be exercised with a view to securing that the inventor or other person beneficia lly entitled to the patent shall receive reasonable 
remuneration having regard to the economic value of the licence:  s.50. 
  Section 51 of the Patents Act makes provision for the use of patented inventions for the 
services of the Crown.   The Minister with responsibility for Legal Af fairs, may authorize a Crown Agency or any 
person in writing, to make, use, exercise or vend a patented invention for the services of the Crown 
where the public interest so requires or where the Minister decides that the manner of exploitation by 
the owner or his licensee is anti-competitive:  s.51(1).    
Where a Crown Agency or a person is authorized by the Minister to use a patented invention 
for the services of the Crown, such authori zation is subject to the following conditions: 
 
• Payment of adequate compensation to the owne r of the patented invention, taking into 
account the economic value of the exploitation:  s.51(1); 
 
• Before issuing his authorisation under s.51(1), the Minister shall hear the owner of the 
patent and any other interested party who ma y wish to be heard except in the case of a 
national emergency:  s.51(2) and (3); 
 
• Before an authorisation is granted under s.51(1) , the Minister must be satisfied that the 
proposed user has made efforts to obtai n a licence from the patentee on reasonable 
commercial terms and conditions within a reas onable time, but has failed to do so: s.  
51(7)(a).  This provision does not apply in cases of national emergency or other 
circumstances of extreme urgency.  Notwithstanding, the owner of the patent must be 
notified of the Minister’s decision as soon as is reasonably practicable:  s.51(7)(b); 
• A decision of the Minister under s.51(1), (4) or (5) shall be subject to judicial review at 
the instance of the owner of the patent or any other interested party:  s.51(8); 
 
• Where a person other than a Crown agency is  authorized by the Minister to use a 
patented invention for the services of the Crow n, the licence is not exclusive;  it shall 
not be assigned otherwise than in connecti on with the goodwill of the business in which 
the patented invention is used;  and the licen ce is limited to the supply of the patented 
invention predominantly in Saint Vincen t and the Grenadines:  s.51(6).  These 
conditions are in addition to those immediately preceding.   
 IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 78 
 
 
  36. Please explain how your legislation explicit ly ensures that a proposed user has made 
efforts to obtain authorisation from the ri ght holder on reasonable commercial terms and 
conditions and that such efforts have not been su ccessful within a reasonable period of time.  In 
this context, how do you define “reasonable p eriod of time”.  Please also explain how your 
legislation ensures that the use of a compulsory licence shall be authorized predominantly for 
the supply to the domestic market of the Member authorizing such use. 
Section 49 of the Patents Act makes provision for non-voluntary licenses granted by the 
Court. 
Under s.49 (1) of the Patents Act, any interested  person may apply to the Court for the grant 
of a non-voluntary licence at anytime after 3 years fr om the grant of a patent or four years from the 
date of the filing of the application for a patent, wh ichever is later, on the ground that a market for the 
patented invention is not being supplied or that a market for the patented invention is not being 
supplied on reasonable terms in Sa int Vincent and the Grenadines. 
 A licence shall not be granted under this se ction unless the person applying for the licence, 
having taken all reasonable steps to do so, has been  unable to obtain a licence, or to obtain a licence 
on reasonable terms from the patentee:  s.49(6).     Section 51 of the Patents Act makes provision for the use of patented inventions for the 
services of the Crown.  Before an authorisation is gr anted under s.51(1), the Minister must be satisfied 
that the proposed user has made efforts to  obtain a licence from the patentee on reasonable 
commercial terms and conditions within a reasonabl e time, but has failed to do so:  s.51(7)(a). 
  What is meant by a “reasonable period of time ” is a matter for determination by the court.  
There is no existing case law in the jurisdiction.  Ho wever, the court will usually take into account all 
the facts and circumstances of each case.   
 
Section 49(3) provides that a licence granted by the Court under s.49(1) shall be limited to the 
supply of the patented invention predominantly in Saint Vincent and the Grenadines.   
 Where a person other than a Crown agency is au thorized by the Minister to use a patented 
invention for the services of the Crown, the licence is  limited to the supply of the patented invention 
predominantly in Saint Vincent and the Grenadines:  s.51(6).   
 
37. Please state if your legislation grants additional protection for innovations after 
the 20 years of patent protection has lapsed. 
 The legislation does not grant additional prot ection after 20 years.  After 20 years patent 
protection expires and the patent enters the public domain. 
 
38. Please explain how your legislation provides for the burden of proof in relation to 
process patents. 
 One of the basic principles of civil procedure is that he who alleges must prove.  However, 
the Patents Act in s.53(3) provides for the reversal of the burden of proof in a process patent litigation.  
The burden of proof must be discharged by the respondent, that is, the person against whom an 
allegation of infringement has been claimed.  Th e section provides that if the subject matter of a 
patent is a process for obtaining a new product, th e same product produced by any person other than 
the patent owner or his licensee, shall unless the cont rary is proved, be taken in any proceedings to 
have been obtained by the patented process.  IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 79 
 
 
   In considering whether the respondent has discharged the onus of proof, the court must take 
into account the legitimate interests of the res pondent in protecting his manufacturing and business 
secrets.  
G. LAYOUT
 DESIGNS  OF INTEGRATED  CIRCUITS 
39. Please describe how your legislation protects topographies. 
 Topographies are protected under the Layout Designs of Integrated Circuits Act No. 18 of 
2005.    
 Section 3 of the Act states that protection ma y be obtained for a layout-design if and to the 
extent that it is original;  if it has not been co mmercially exploited or has been commercially exploited 
for not more than two years anywhere in the world at the date of filing of the application.   Under s.4, a layout-design shall be considered original if it is the result of the creators own 
intellectual effort and is not commonplace among cr eators of layout-designs and manufacturers of 
integrated circuits.   The Act declares that it shall be unlawful for any person to commit any of the following acts 
without the consent of the right holder s.6:  
• reproducing, whether by incorporation in an in tegrated circuit or otherwise, the protected 
layout-design in its entirety or any part thereo f, except the act of reproducing any part that 
does not comply with the requirement of originality; 
 
• importing, selling or otherwise distributing for commercial purposes the protected layout-
design, an integrated circuit in which the protect ed 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. 
 
 Remedies for the infringement of Layout-Designs of Integrated Circuits rights are set out in ss.14 and 15 of the Act.  
 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 immi nent infringement;  award damages or grant any 
other relief provided for in general law s.14 (2). 
 
 Any person who contravenes the exclusive right s 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 three years:  s.15(1).  In addition to the prescribed fine and term of 
imprisonment, the Court may order the seizure, fo rfeiture and destruction of the lay-out design, 
integrated circuit or articles concerned and of any material or implement, predominantly used to commit an offence:  s.15(2).  40. Please explain what protection your national legislation grants to right holders against 
the unlawful importation, sale or distribut ion for commercial purposes of topographies 
including integrated circuits or other articles  in which a topography is incorporated in 
accordance with Article 36 of the TRIPS Agreement. 
 Under s.6 of the Act, the following acts shall be  unlawful if performed without the consent of 
the right holder: IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 80 
 
 
  • Importing, selling or otherwise distributing for commercial purposes the protected 
layout-design, an integrated circuit in whic h 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. 
 
 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 three years:  s.15(1).  In addition to the prescribed fine and term of imprisonment, the Court may order the seizure, fo rfeiture and destruction of the lay-out design, 
integrated circuit or articles concerned and of any material or implement, predominantly used to 
commit an offence:  s.15(2). 
 
41. Please explain how your legislation provides for the derogation from Article 36 as 
specified in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to know when acquiring an integrated circuit or an article incorporating such an 
integrated circuit that it contains an unlawful topography. 
 Section 6(3) makes provision for acts, in rela tion to which, protection for a layout-design does 
not extend.   Section 6(3)(d) provides that the performance of any of the acts referred to in subsection 
(2)(b) in respect of an integrated circuit incorpor ating an unlawfully reproduced layout-design or any 
article incorporating such an integrated circuit where the person performing or ordering such an act 
did not know and had no reasonable ground to know, when acquiring the integrated circuit or the 
article incorporating such an integrated circuit, th at it incorporated an unlawfully reproduced layout-
design;  however after the time that such person h as received sufficient notice that the layout design 
was unlawfully reproduced, that person may perform any of those acts only with respect to the stock 
on hand or ordered before such time and shall be liable to pay to the right holder a sum equivalent to a 
reasonable royalty such as would be payable under a freely negotiated licence in respect of such a 
layout-design. 
 
42. Please state the term of protection granted by your legislation to topographies. 
 The term of protection granted by the legisla tion to topographies is ten years from the date of 
commencement of protection s.7(2). 
 H. PROTECTION
 OF UNDISCLOSED  INFORMATION 
43. Please explain whether or not your legislatio n grants a defined period of time for the 
protection of undisclosed information.  If so, please give the time span. 
 There is no legislation in respect of the protection of undisclosed information. 
 
44. Please explain how your legislation defines “undisclosed information”. 
 Please see response to Question 43. 
 45. Please explain how your legislation defines data submitted to governments and 
governmental agencies. 
 Please see response to Question 43. 
  IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 81 
 
 
  I. ENFORCEMENT
  
46. Please describe how your legislation provides fo r effective action against infringement of 
intellectual property rights. 
 Generally speaking, the several pieces of intellectual property legi slation provide for a 
combination of criminal sanctions, civil remedies a nd border measures designed to act as deterrents to 
the infringement of intellectual property rights.  In ad dition to the civil remedies specified, in all civil 
proceedings, the Court has power to grant any such reme dy or relief that the Court deems fit.  In some 
cases the enforcement agencies are vested with wide powers to search premises and seize infringing goods and articles used to make infringing goods.   
 
Patents
 
  Remedies for the infringement of patent rights 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.100-110 
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. 
 
• Border Measures:  Part 16 ss.111-122 
The proprietor of a registered trademark may notify the Comptroller of Customs of his 
objection to the importation of goods which infri nge or appear to infringe the registered 
trademark.  In such cases the Comptroller may seize the imported goods and notify the 
owner of the imported goods. 
 
• 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;   IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 82 
 
 
  - 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 othe r device 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, instru ment, 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 offences is a fine not exceeding 
Two Hundred and Fifty Thousand Eastern Ca ribbean Dollars (XCD 250,000.00):  s.127. 
 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 manne r as would mislead the public as to the 
geographical origin of the goods:  s.6(1)(a); 
- No person shall use a geographical indi cation identifying wines for wines not 
originating in the place indicated or iden tifying 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 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, false allegations in the 
course of trade and misleading indications or allegations: s.  6 (1) (c). 
 
 Any person who contravenes this section is  liable on conviction to a fine not exceeding 
Ten Thousand Eastern Caribbean Dollars (XCD 10,000.00) or to imprisonment for two years or to both fine and imprisonment. 
 
• Civil Remedies: s.7 
Section 7 provides that any interested person 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 remedy or relief the Court 
thinks fit: s.  7(2).  IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 83 
 
 
  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. 
 
• 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 infringeme nt or an imminent infringement;  award 
damages or grant any other relief provided for in general law. 
 
• 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 five 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-D esigns 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 infringemen t or an imminent infringement;  award 
damages or grant any other relief provided for in general law. 
 
• Criminal Remedies:  s.15 
Any person who contravenes the exclusive right s 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 three years:  s.15(1).  In addition to the prescribed fine and term of imprisonment, the Court may order the seizure, forfeiture 
and destruction of the lay-out design, integrat ed circuit or articles concerned and of any 
material or implement, predominantly used to commit an offence:  s.15(2). 
 
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 owne r 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 wh ich he knows or has reason to believe is an 
infringing copy;  any person who has in his possession in the course of business or who 
sells, lets for hire or exhibits in pub lic an infringing copy in Saint Vincent and 
the Grenadines or on any ship or aircraft  registered in Saint Vincent and the 
Grenadines:  s.28(1); IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 84 
 
 
  • Any person who without a licence of the owner makes, imports, possesses in the course 
of trade or sells or lets for hire, any arti cle specifically designed or adapted for making 
infringing copies:  s.28(3); 
 
• 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 takes place at a place of public 
entertainment without the licence of the owne r, the person who gave permission for the 
premises to be used for the performan ce is liable 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  showing 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 belie ve that the apparatus will be used to 
infringe copyright:  s.28(7); 
 
• Any occupier of premises who gives permi ssion 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 reco rding 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: 
 
• Damages, 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 withstanding 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 rights, the aggrieved party may be granted 
an injunction:  s.39(2).  The court may also orde r the respondent in an action for infringement, to 
publish such correction in the terms and in the ma nner as may be directed by the court:  s39(3). 
  IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 85 
 
 
  Remedies for the infringement of Rights in Performances
 
  An infringement of rights in performances is ac tionable 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.   A person having performers or recording rights may also seize and detain an illicit recording 
of a performance:  s.126.  
 Criminal Remedies
 
 
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 Saint Vincent and the Grenad ines for a purpose other than private domestic use 
or distributes otherwise than in the course of busin ess 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 two 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 unde r s.44(2) or 44(3) is a fine not exceeding 
One Thousand Five Hundred Eastern Caribbean Do llars (XCD 1,500.00) 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 consent to make for sale or hire;  import into 
Saint Vincent and the Grenadines otherwise than fo r 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 cour se of a business 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 r ecording 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). 
 IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 86 
 
 
   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 Ea stern Caribbean Dollars (XCD 2,500.00) or to 
imprisonment for a term not exceeding 12 months;  or on  indictment to a fine not exceeding Fifty Thousand Eastern Caribbean Dollars (XCD 50, 000.00) or to imprisonment for term not 
exceeding five 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.  Border Measures
 
 
 The owner of copyright in any published litera ry, dramatic or musical work may give notice 
in writing to the Comptroller of Customs and Excise th at he is the owner of copyright in the work and 
that he requests the Comptroller during a period specifi ed in the notice to treat copies of the work as 
prohibited:  s.48(1). 
 
Powers of members of the Police Force  
 
 Any police officer, not below the rank of Sergeant, may enter and search any premises or 
place;  stop and search any vehicle;  stop, board and sear ch 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 his 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).   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 require ment 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  exceeding 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 Act 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.  
47. Please explain whether or not your legislatio n provides for a mechanism to appeal to 
judicial bodies of final administrative decisions. 
Trade Marks
 
  Under the Trade Marks Act, No. 46 of 2003, an appeal may be made in the following cases:  
 An applicant may appeal to the Court agains t a decision made by the Registrar to accept an 
application subject to conditions or limitations or to reject an application s.17.   IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 87 
 
 
  • An applicant for registration or an opponent to registration of a trademark may appeal 
to the Court from a decision of the Regist rar under s.36 which concerns the decision of 
the Registrar in opposition proceedings s.37. 
 
• An appeal lies to the Court from a decision of the Registrar concerning the amendment 
of an application for registration of a trademark and the amendment of other documents s.47. 
 
• An appeal lies to the Cour t from a decision of the Registrar under ss.81 and 82 which 
concern applications for the removal of a trademark from the Register for non-use s.84. 
Industrial Designs
 
Section 20(2) of the Industrial Designs Act No. 20 of 2005 provides that any decision taken 
by the Registrar under the Act, in particular the decisi on to register an industrial design or to refuse an 
application for registration may be the subject of an  appeal by any interested party to the Court. 
Geographical Indications  
 Section 16(2) of the Geographical Indica tions Act, No. 24 of 2004 provides that any decision 
taken by the Registrar under the Act may be the subject of an appeal by any interested party before the 
court. 
Layout-Designs of Integrated Circuits  
 Section 18(2) of the Layout-Designs of Integrat ed Circuits Act, No. 18 of 2005, provides that 
any decision taken by the Registrar under the Act, in particular the registration of a layout-design may be the subject of an appeal by an y interested party to the Court. 
 48. Please describe how your legislation author izes judges to order production of evidence 
by the opposing party.  Please give precise info rmation on what measures are taken to ensure 
the protection of confidential information. 
 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 achieved by the issue of  a witness summons which 
is a document, issued by the court, requiring a witness 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 c ourt to give standard disclosure, that party is 
obliged to disclose all documents which are directly relevant to the matters in question (Rule 28.2).   
 IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 88 
 
 
   An order for specific disclosure is defined in Rule 28.5 as an order that a party must do one or 
more of the following:  
• 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)).  
49. Please quote provisions of your legislation that authorize judges to order a defendant to 
desist from an infringement. 
Patents
 
  Remedies for the infringement of patent rights 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 as a remedy, an injunction restraining the respondent from any act of infringement.  Trademarks
 
 
 Remedies for the infringement of trademark rights are set out in Parts 15-17 of the Trade Marks Act, No. 46 of 2003.  Section 105 provides that the proprietor of a registered trademark may bring an action in the High Court for an injunction. 
 
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.   The following are enumerated as offences in s.6: 
 
- 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(1)(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). 
  IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 89 
 
 
   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 su ch proceedings include an injunction s.7(2). 
 
Industrial Designs
 
  Remedies for the infringement of Industrial Desi gns 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.   On the request of the owner of a registered industrial design or his licensee, the Court may 
grant an injunction to prevent infringemen t or an imminent infringement s.21(2). 
 
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-D esigns of Integrated Circuits Act, No. 18 of 2005. 
 
 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 s.14(2).  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.   
 
 Section 29 provides that the owner of copyright may institute civil action for the infringement of his economic rights and an injunction shall be available to the claimant. 
  Wide injunctions are available to licensing bodies.  A wide injunction is one that extends to 
all the protected works owned by the claimant not withstanding 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 rights, the aggrieved party may be granted 
an injunction:  s.39(2).    
50. Please quote what provisions of your legislation authorize judges to order the payment 
to the right holder of adequate damag es to compensate the injury suffered. 
Patents
 
  Remedies for the infringement of patent rights are set out in s.53 of the Patents Act.  IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 90 
 
 
   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 damages as a remedy.  
Trademarks
 
  Remedies for the infringement of trademark rights are set out in Parts 15-17 of the Trade Marks Act, No. 46 of 2003.  Section 105 provides that the proprietor of a registered trademark may bring an action in the High Court for damages. 
 
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. 
 
 The following are enumerated as offences in s.6:  
- 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(1)(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). 
 
 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 include damages s.7(2). 
 
Industrial Designs
 
  Remedies for the infringement of Industrial Desi gns 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. 
  On the request of the owner of a registered industrial design or his licensee, the Court may 
award damages s.21(2).  
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-D esigns of Integrated Circuits Act, No. 18 of 2005. 
  IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 91 
 
 
   On the request of the owner of a registered layout-design or his licensee, the Court may award 
damages s.14(2).  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.   
 
 Section 29 provides that the owner of copyright may institute civil action for the infringement of his economic rights and damages shall be available as a remedy to the claimant.  In assessing 
damages, the court may take into account the flagra ncy of the infringement and has power to award 
additional damages as the court deems fit in the circumstances:  s.29(3).  
51. Please quote what provisions of your legislation authorize judges to order the payment 
of the right holder’s expenses by the infringer. 
 The intellectual property legislation does not specifically authorize judges to order the 
payment of the right holder’s expenses by the infringer. 
  However, the Civil Procedure Rules 2000, wh ich governs the conduct of all civil matters 
before the court, sets out provisions in respect of costs in Part 64.  
 The courts power to make orders about costs includes power to make orders requiring a party 
to pay the costs of another person Rule 64.3.   Where the court decides to make an order as to the costs of any proceeding, the general rule is 
that it must order the unsuccessful party to pa y the costs of the successful party Rule 64.6(1). 
 
 The court may however order a successful party to pay all or part of the costs of an 
unsuccessful party or may make no order as to costs Rule 64.6(2).   In deciding who should be liable to pay co sts the court must have regard to all the 
circumstances of the case Rule 64.6(5). 
 In particular, the court is required by Rule 64.6(6) to consider the following: 
 
(a) the conduct of the parties both before and during the proceedings; 
(b) the manner in which a party has pursued; 
(i) a particular allegation; 
(ii) a particular issue;  or 
(iii) the case. 
(c) whether a party has succeeded on particular issues, even if the party has not been 
successful in the whole of the proceedings; IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 92 
 
 
  (d) whether it was reasonable for a party to; 
(i) pursue a particular allegation;  and/or 
(ii) raise a particular issue. 
(e) whether the claimant gave reasonable notice of intention to issue a claim. 
52. Please explain if and how judges have the authority to order that infringing goods are 
placed outside channels of commerce or destroyed. 
Patents
 
  Remedies for the infringement of patent rights 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 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. 
 
Trademarks
 
  There are no specific provisions under the Trade Marks Act which authorizes judges to order that infringing goods be placed outside channels of commerce or destroyed.  However, in civil 
proceedings, the court has power to grant any remedy that the court deems fit. 
 
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. 
 
 The following are enumerated as offences in s.6:  
- 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(1)(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). 
 
 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).     IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 93 
 
 
   The remedies available to the claimant in su ch proceedings include any remedy or relief the 
court thinks fit s.7(2).  Depending on all the fact s and circumstances of each case, this provision is 
sufficiently wide to give a judge authority to order that infringing goods be placed outside channels of 
commerce or destroyed. 
 
Industrial Designs
 
  Remedies for the infringement of Industrial Desi gns 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.   On the request of the owner of a registered industrial design or his licensee, the Court may 
grant any relief provided for in general law s.21(2) .  Depending on all the facts and circumstances of 
each case, this provision is sufficiently wide to give a judge authority to order that infringing goods be 
placed outside channels of commerce or destroyed. 
 
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. 
  On the request of the owner of a registered layout-design or his licensee, the Court may grant 
any relief provided for in general law s.14(2).  De pending on all the facts and circumstances of each 
case, this provision is sufficiently wide to give a judge authority to order that infringing goods be 
placed outside channels of commerce or destroyed. 
 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.   
 
 Section 29 provides that the owner of copyright may institute civil action for the infringement 
of his economic rights and in such action, 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.  Remedies for the infringement of Rights in Performances
 
 
 An infringement of rights in performances is ac tionable 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/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 94 
 
 
  Criminal Remedies
 
 
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 Saint Vincent and the Grenad ines for a purpose other than private domestic use 
or distributes otherwise than in the course of busin ess 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 unde r s.44(2) or 44(3) is a fine not exceeding 
One Thousand Five Hundred Eastern Caribbean Do llars (XCD 1,500.00) 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 consent to make for sale or hire;  import into 
Saint Vincent and the Grenadines otherwise than fo r 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 cour se of a business 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 r ecording 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 Ea stern Caribbean Dollars (XCD 2,500.00) or to 
imprisonment for a term not exceeding 12 months;  or on indictment to a fine not exceeding 
Fifty Thousand Eastern Caribbean Dollars (XCD 50, 000.00) or to imprisonment for term not 
exceeding five 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. 
 
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the event of abuse by the plaintiff.  IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 95 
 
 
  Trademarks
 
  Under the provisions of s.109 of the Trade Marks Act, if a person threatens to bring an action against another person on the ground that the threat ened person has infringed a registered trademark 
or a trademark alleged by the person to be registered , any person aggrieved by the threat may bring an 
action in the Court.  One of the purposes of such an action as stated in s.109(2), is for the person aggrieved to recover any damages sustained as a resu lt of the conduct of the person making the threat. 
  In proceedings concerning the infringement of a notified trademark in respect of seized goods 
under s.116 of the Trade Marks Act, if the Court d ecides that the trademark was not infringed by the 
importation of the goods and the designated owner or  any other defendant satisfies the court that he 
has suffered loss or damage becau se the goods were seized, the court may order the objector to pay to 
the designated owner or other defendant compensation in an amount to be determined by the Court for 
any part of the loss or damage attributable to any period beginning on or after the day on which the 
objector instituted proceedings. 
 Patents
 
  Section 59 of the Patents Act provides that wh ere a person (whether or not the proprietor of, 
or entitled to any right in, a patent) by circulars, a dvertisements or otherwise threatens another person 
with proceedings for an infringement of a patent, a person aggrieved by the threats (whether or not he 
is the person to whom the threats are made) may,  bring proceedings in Court against the person 
making the threat, claiming any of the following reliefs:  
• a declaration to the effect that the threats are unjustifiable; 
• an injunction against the continuance of the threats;   and  
• damages in respect of any loss which the claimant has sustained by the threats. 
 
 However, proceedings may not be brought under this section for a threat to bring proceedings 
for an infringement alleged to consist of making or importing a product for disposal or of using a 
process s.59(4).  A mere notification of the existe nce of a patent does not constitute a threat of 
proceedings s.59(5).  54. Please explain how your legislation implem ents Article 50 of the TRIPS Agreement. 
 The Civil Procedure Rules 2000, which governs the conduct of all civil matters before the 
court, sets out the rules pertaining to prov isional procedures and 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; 
(c) an order authorizing a person to enter any land or building in the possession of a party 
to the proceedings for the purposes of carryin g out an order under sub paragraph (h); 
(d) an order directing a party to prepare a nd file accounts relating to the dispute; 
(e) an order directing a party to provide info rmation 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; IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 96 
 
 
  (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 rec over 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 located  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 inte rim 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 eviden ce on affidavit unless the court orders otherwise.  
This rule further provides that the cour t may grant an interim remedy on an ex parte  application, if  IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 97 
 
 
  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.  
55. Please identify the competent authorities in  your jurisdiction who receive requests from 
right holders for an application to suspend the release of counterfeit goods by the customs 
authorities. 
 The competent authority who receives requests from right holders for an application to 
suspend the release of counterfeit goods by the cust oms authorities is the Comptroller of Customs. 
 
 Border Measures are set out in Part 16, ss.111-122 , of the Trade Marks Act.  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 regist ered trademark.  In su ch cases the Comptroller 
may seize the imported goods and notify the owner of the imported goods.  
 In relation to pirated works, the owner of co pyright in any publishe d literary, dramatic or 
musical work may give notice in writing to the Co mptroller of Customs and Excise that he is the 
owner of copyright in the work and that he requ ests the Comptroller during a period specified in the 
notice to treat copies of the work as prohibited:  s.48(1).  
56. Please indicate whether or not procedures  are available to suspend the exporting of 
counterfeit goods.  
 No procedures are available to susp end the exporting of counterfeit goods. 
 
57. Please explain whether or not your legislation provides for a  de minimis  imports 
exception. 
 
 The legislation does not provide for a  de minimis  imports exception. 
 
58. Please explain how your legislation implem ents Article 61 of the TRIPS Agreement. 
  All criminal procedures in Saint Vincent a nd the Grenadines are governed by the Criminal 
Procedure Code, CAP 125 of the Laws of Saint Vincent and the Grenadin es, Revised Edition 1990. 
 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 instrument to be used to commit an 
offence against s.123 or s.124:  s.125(1); IP/Q/VCT/1, IP/Q2/VCT/1,  
IP/Q3/VCT/1, IP/Q4/VCT/1 Page 98 
 
 
  - to draw or program a computer or othe r device 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.126. 
 The penalty on conviction for any of these offences is a fine not exceeding 
Two Hundred and Fifty Thousand Eastern Ca ribbean Dollars (XCD 250,000.00):  s.127. 
 Copyright
 
 
Criminal Remedies  
 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 Saint Vincent and the Grenad ines for a purpose other than private domestic use 
or distributes otherwise than in the course of busin ess 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 two 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 unde r s.44(2) or 44(3) is a fine not exceeding 
One Thousand Five Hundred Eastern Caribbean Do llars (XCD 1,500.00) 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 consent to make for sale or hire;  import into 
Saint Vincent and the Grenadines otherwise than fo r 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 cour se of a business a recording which is and which he 
knows or has reason to believe is an illicit recording:  s.127(1).  IP/Q/VCT/1, IP/Q2/VCT/1,  
 IP/Q3/VCT/1, IP/Q4/VCT/1  Page 99 
 
 
   It is an offence for a person who causes a r ecording 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 Ea stern Caribbean Dollars (XCD 2,500.00) or to 
imprisonment for a term not exceeding 12 months;  or on  indictment to a fine not exceeding Fifty Thousand Eastern Caribbean Dollars (XCD 50, 000.00) or to imprisonment for term not 
exceeding five 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 Sergeant, may enter and search any premises or 
place;  stop and search any vehicle;  stop, board and sear ch 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 his 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).  
 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 require ment 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  exceeding 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 Act 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. 
 
 
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