WORLD TRADE  
ORGANIZATION  IP/N/1/LCA/2 
18 August 2004 
 
 (04-3470) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English 
 
 
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
SAINT LUCIA 
 
 
 The following communication, dated 20 April 2004,  is being circulated at the request of the 
Delegation of Saint Lucia.  
_______________ 
 
  In accordance with Article 63.2 of the Agre ement on Trade-Related Aspects of Intellectual 
Property Rights and the procedures laid down by  the Council for Trade-Related Aspects of 
Intellectual Property Rights in November 1995, the G overnment of Saint Lucia hereby notifies to the 
Council the laws and regulations relating to the fields covered by the Agreement, as follows: 
 
 - The "main laws and regula tions" are listed in Annex I. 
 
- "Other laws and regulations " are listed in Annex II. 
 
 - Draft legislation is listed in Annex III. IP/N/1/LCA/2 
Page 2  
 
 ANNEX I
 
 
NOTIFICATION OF LAWS AND REGULATIONS  
UNDER ARTICLE 63.2 OF THE AGREEMENT  
 
Main Dedicated Intellectual Property Laws And Regulations  
 
 
Patents, Designs and Trademarks, Title X, Commercial Code, Ch 244, Revised Laws of 
Saint Lucia 1957  
 
- Patents Act 2001 Repealing the Patents, Designs  and Trademarks, Title X, Commercial Code, 
Ch 244, Revised Laws of Saint Lucia 1957.  Not yet in force, accompanying regulations are being drafted. 
 Trademarks Act No. 22 of 2001
 
 
- Trademarks Regulations - Statutory Instrume nt Nº 17 of 2003.  Entered into force 
on 1 April 2003. 
 
Geographical Indications Act 2000 (Nº 4 of 2000)  
 
- Geographical Indications Regulations - Statutor y Instrument Nº 54 of 2003.  Entered into 
force on 1 May 2003. 
 
Layout-Designs (Topographies) of Integrated Circuits Act  2000 (Nº 3 of 2000)  
Entered into force on 1 May 2003. 
 - Layout-Designs (Topographies) of Integrated Circuits Regulations - Statutory Instrument 
Nº 49 of 2003.  Entered into force on 1 May 2003. 
 
Protection Against Unfair Competition Act 2001 (Nº 1 of 2001)
 
Entered into force in 2001. 
 
Commercial Code, Ch 244, Revised Laws of Saint Lucia 1957  
 
- Industrial Designs Act 2001 (Nº 2 of 2001) Repealing Part II of Title X of the Commercial 
Code, Ch 244, Revised Laws of Saint Luci a 1957.  Entered into force on 1 June 2003. 
 - Industrial Designs Regulations – Statutory Inst rument Nº 50 of 2003.  Entered into force 
on 1 June 2003.  IP/N/1/LCA/2 
 Page 3 
 
 
 MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS  
 
 
 
TITLE 
DATE OF ADOPTION AND ENTRY  
INTO FORCE 
  
 
BRIEF DESCRIPTION 
Patents 
  
Patents, Designs and Trademarks, Title X, 
Commercial Code, Ch 244, Revised Laws of 
Saint Lucia 1957 . 1 
 This legislation in Part I relates to patents.  This 
section makes provision for registration of patents at the local level as well as for the registration of patents whic h have been granted in 
the United Kingdom.  These patents have the 
same rights and privileges as the United 
Kingdom patents and is purely an extension of these rights in Saint Lucia.  The present legislation does not make provision for international applications filed according to 
the Patent Cooperation Treaty and is very archaic 
in its approach to patent administration.  In order to comply with international obligations, a new Patents Act was passed in 2001.  It is 
however not in force as yet as the accompanying 
Regulations are currently being worked on.   
Trademarks   
Trademarks Act Nº 22 of 2001 . 2 
 Entry into force:  1 April 2003.   
Trademarks Regulations – Statutory Instrument 
Nº 17 of 2003 . 3 
 Entry into force:  1 April 2003.  
 These pieces of legislation entered into force 
on 1 April 2003.  Under this legislation the period of protection for trademarks is ten years as opposed to fourteen under the old law.  The legislation makes provision for well-known 
trademarks and includes several remedies for 
infringement including provisions relating to the intervention of Customs in certain cases. 
  
                                                     
 
1 See document IP/N/1/LCA/P/1. 
2 See document IP/N/1/LCA/T/1. 
3 See document IP/N/1/LCA/T/2. IP/N/1/LCA/2 
Page 4  
 
  
 
TITLE 
DATE OF ADOPTION AND ENTRY  
INTO FORCE 
  
 
BRIEF DESCRIPTION 
Copyright and related rights 
  
Copyright Act 1995 (Nº 10 of 1995) . 4 
 
 This Act provides protection for copyright and 
makes provision for computer programmes and 
compilations of data.  It introduces specific 
provisions in relation to performers, sound recordings and broadcasts.  This Act repeals the Co pyright (St. Lucia) 
Order 1965 and the Copyright Act of 1956 of the 
United Kingdom.   
Copyright (Amendment) Act 2000 (Nº 7 
of 2000) . 4 
  This Amendment Act provides an extension of 
the exclusive rights granted to copyright owners 
by section 9 of the Principal Act to include, for 
example, “communication to the public”.  The Amendment also makes provision for collective societies and their administration, 
moral rights of performers, and an extension of 
the civil remedies available under the Act.  Section 51 of the Copyright Act 1995 provides the owner of copyright in any published work, 
film or sound recording with the avenue to 
restrict the importation of infringing copies of the work, film or sound recording.   
Copyright (Importation Restriction) Regulations 
2000 (S.I. 113 of 2000) . 5 
  The Copyright (Importation Restriction) 
Regulations 2000 provide the details of how this 
section is to be implemented and identifies the forms, fees and other requirements associated with the administrative procedures.  
 
Copyright (International Organisations) Order 
2000 (S.I. 112 of 2000) . 6 
  This Order is made pursuant to section 147 of the 
1995 Act and lists certain international organisations to which the section applies.   
                                                      
4 See document IP/N/1/LCA/C/1. 
5 See document IP/N/1/LCA/C/2. 
6 See document IP/N/1/LCA/C/3.  IP/N/1/LCA/2 
 Page 5 
 
 
  
 
TITLE 
DATE OF ADOPTION AND ENTRY  
INTO FORCE 
  
 
BRIEF DESCRIPTION 
Geographical indications 
  
Geographical Indications Act 2000 (N° 4  
of 2000) . 7 
 
Entry into force:  1 May 2003.   This Act provides for a system of protection for 
geographical indications. 
 
The Act provides for the institution of civil proceedings to prevent the unlawful use of geographical indications and imposes criminal 
sanctions for the deliberate wrong use of 
geographical indications. 
 The Act further establishes a system of protection that is not dependent on registration, although registration of the geographical indications does raise a presumption that it is a geographical 
indication within the meaning of the Act. 
 Reference is also made to the power of the Registrar not to register a trademark which conflicts with a geographical indication. 
 
Geographical Indications Regulations – Statutory 
Instrument Nº 54 of 2003 . 8 
 Entry into force:  1 May 2003.  
  
Layout-designs 
  
Layout-Designs (Topographies) of Integrated 
Circuits Act 2000 (N° 3 of 2000) . 9 
 
Entry into force:  1 May 2003.   This Act protects layout-designs of integrated 
circuits against reproduction, importation, selling 
and other distribution and provides protection for 
layout-designs of integrated circuits.  The right to protection belongs to the creator and this right may be assigned or transferred.  The term of protection is 10 years either from the filing date or from the date of first commercial exploitation. 
 
 
                                                      
7 See document IP/N/1/LCA/G/1. 
8 See document IP/N/1/LCA/G/2. 
9 See document IP/N/1/LCA/L/1. IP/N/1/LCA/2 
Page 6  
 
  
 
TITLE 
DATE OF ADOPTION AND ENTRY  
INTO FORCE 
  
 
BRIEF DESCRIPTION 
 The Act provides for registration of layout-
designs without examination of the originality of 
the design, the applicant’s entitlement to protection or the correctness of the facts stated in the application.   
Layout-Designs (Topographies) of Integrated 
Circuits Regulations – Stat utory Instrument Nº 49 
of 2003 . 10 
 Entry into force:  1 May 2003.    
Undisclosed information 
  
Protection Against Unfair Competition Act 2001  
(N° 1 of 2001) . 11  
 Entry into force:  2001. 
 
 This legislation is new to the Statute books 
having never been introduced before.  The Act provides for acts or practices which 
constitute unfair competition and also for acts or 
practices which may cause confusion with respect to another’s enterprise or activities.  The Act also deals with acts and practices in the course of industrial or commercial activities which amount to misleading the public and the discrediting of 
another's enterprise and activities. 
 This Act requires no administrative responsibilities by the Registry of Companies and Intellectual Property and places its operation 
solely in the hands of the Court. 
  
Industrial designs   
Industrial Designs Act 2001 (N° 2 of 2001) . 12 
 
Entry into force:  1 June 2003. The Act provides for the protection of industrial 
designs.  The Act provides protection for an 
industrial design that satisfies the requirements of novelty and not being contrary to public order and morality.  
                                                      
10 See document IP/N/1/LCA/L/2. 
11 See document IP/N/1/LCA/U/1. 
12 See document IP/N/1/LCA/D/1.  IP/N/1/LCA/2 
 Page 7 
 
 
  
 
TITLE 
DATE OF ADOPTION AND ENTRY  
INTO FORCE 
  
 
BRIEF DESCRIPTION 
 The period of protection is five years but may be 
renewed for two further five-year periods. 
 This Act repeals Part II of Title X of the Commercial Code, Ch. 244, Revised Laws of Saint Lucia 1957.  
 
Industrial Designs Regulations – Statutory 
Instrument Nº 50 of 2003 . 13 
 Entry into force:  1 June 2003.    
                                                      
13 See document IP/N/1/LCA/D/2. IP/N/1/LCA/2 
Page 8  
 
 ANNEX II
 
 
OTHER LAWS AND REGULATIONS  
 
 
 
TITLE 
DATE OF ADOPTION AND ENTRY  
INTO FORCE 
  
 
BRIEF DESCRIPTION 
Customs   
Customs (Control and Management) Act 2000  
(N° 23 of 2000) . *  
 
 This Act regulates the powers and duties of 
customs officials.  
 
Civil judicial procedures and remedies 
  
West Indies Associated States Supreme Court 
(Saint Lucia) Act 1969 (N° 17 of 1969) . * 
 
 This Act governs civil judicial proceedings in 
Saint Lucia and establishes the High Court and Court of Appeal, and provides the jurisdiction 
conferred on these courts. 
  
Eastern Caribbean Supreme Court Civil 
Procedure Rules 2000 . * 
 
 These rules prescribe the forms, fees and 
procedures to be followed in the Supreme Court 
in civil proceedings. 
  
Criminal proceedings   
Criminal Code Ch 250 . * 
 
 This piece of legislation regulates the procedure 
in criminal proceedings, both summary and 
indictable.   
  *The texts of these laws have not yet been notified.  IP/N/1/LCA/2 
 Page 9 
 
 
 ANNEX III  
 
SOME INFORMATION ON THE DRAFT LAWS ON INDUSTRIAL PROPERTY  
 
 
 Legislative work for the adoption of Patent s Regulations is currently being undertaken. 
 
I. Patents 
 
 The new Patents Act: 
 
- provides the protection for all inve ntions except micro-organisms; 
 
- sets out detailed conditions for granting compulsory licences; 
 
- takes away all references to registra tion of United Kingdom patents and treats 
all applications in the same manner. 
 
- provides for registration of applications filed in accordance with the Patent 
Co-operation Treaty. 
 
The Regulations have been completed in draft and are to be reviewed given the 
changes and discussions taking place at the gl obal level which may have an effect on 
the current draft.  When this is done a date will be set for entry into force of the Patents Act. 
 
II. Plant Varieties 
 
 The draft Plant Varieties Act is a new addition to the list of industrial property 
legislation and will provide for plant varieties in accordance with Article 27 of the Agreement 
on Trade-related Aspects of Intellectual Property Rights.  In the meantime, plant varieties can 
be protected through the normal patent route. 
 
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