RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/237/Add.1
19 March 2001
(01-1319)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Responses from Saint Lucia to questions posed by Switzerland
and the United States
Addendum
By means of a communication from the Permanent Delegation of Saint Lucia dated 13 March
2001, the Secretariat has received the following responses to the questions posed by Switzerland, as
circulated in document IP/C/W/239, and to the questions posed by the United States, as circulated in
documents IP/C/W/215/Add.1 and 240.
_______________
SWITZERLAND
A. PATENTS
1. In your law, are patents available for all categories of products? In particular, are all
pharmaceutical products patentable? Are there any exceptions? If so please explain in detail what
these exceptions are and how they comply with Article 27 of the TRIPS Agreement.
The Patents law is still in the draft stage at the time of responding to these questions, however
the new legislation will only exclude from patentability plants and animals other than micro-
organisms, essentially biological processes for the production of plants and animals other than non-biological and microbiological processes.
2. Does your law, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as “wor king a patent” (and therefore preclude compulsory
licensing, if a product is being imported)?
Please see the reply to question 4.
3. Does your law make compulsory licenses subject to all the conditions enumerated in
Article 31 of the TRIPS Agreement? Please cite the relevant provisions of law.
Please see the reply to question 4.
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.
With respect to the above questions, please note that a new Patents Act is currently in the
draft stage and consequently information to provide answers to the above questions is unavailable.
However, as soon as the new Act has been passed it will be notified to the WTO.IP/C/W/237/Add.1
Page 2
B. PROTECTION OF UNDISCLOSED INFORMATION
5. Please explain in detail if your legislation ensures that undisclosed and confidential test data
or other data submitted by an applicant to the responsible State agency in the procedure for market
authorisation of a pharmaceutical or of an agricultural chemical product is protected against
disclosure and against unfair commercial use by a competitor, for example by prohibiting a secondapplicant from relying on, or from referring to the original data of the first applicant, when applying
subsequently for market authorisation for his own product.  Does your legislation provide for
exceptions to this? If yes, under what conditions would such exceptions apply? Does your legislation
provide for a defined period of protection for undisclosed information / for such test data of the first
applicant?
Section 8 (4) of the Protection Against Unfair Competition Act No. 1 of 2001 provides that an
act or practice, in the course of industrial or commercial activities, shall be considered an act of unfaircompetition if it consists or results in:
(a) an unfair commercial use of secret test or other data, the origination of which
involves considerable effort and which have been submitted to a competent authority for the
purposes of obtaining approval of the marketing of pharmaceutical or agricultural chemicalproducts which utilize new chemical entities; or
(b) the disclosure of such data
The exceptions provided are where disclosure is necessary to protect the public and where
steps are taken to ensure that data are protected against unfair commercial use.
There is no defined period of protection for undisclosed information.
UNITED STATES
1
A. GENERAL
1. (Question 1, IP/C/W/215/Add.1; Question 1, IP/C /W/240) With respect to each form of
intellectual property covered by Part II of the TRIPS Agreement, including plant variety protection,
please explain the manner in which the laws of Saint Lucia ensure that nationals of other WTO
Members receive national treatment and most-favoured-nation treatment as required by Articles 3and 4 of the TRIPS Agreement.  Please ci te to the relevant provisions of law.
Copyright and Related Rights
Section 8 of the Copyright Act 1995 as amende d by Section 3 of the Copyright (Amendment)
Act 2000 provides that the provisions of the Copyright Act also apply to works that are eligible forprotection in Saint Lucia by virtue and in accordance with any international convention or other
international agreement to which Saint Lucia is a party.  This section makes copyright protection
available to any person once the relevant is eligible for protection.
Trademarks
The draft Trademarks Act which id due to be laid before Parliament at its next sitting defines
"applicant" as the person in whose name the application is proceeding and makes no exception to who
                                                     
1 The United States posed two sets of questions to Saint Lucia in documents IP/C/W/215/Add.1 and
IP/C/W/240.  Saint Lucia's submitted responses numbered as shown.IP/C/W/237/Add.1
Page 3
can be an applicant.  The Act requires a local attorney-at-law for all applicants whether Saint Lucian
or not.
Geographical Indications
Section 2 of the Geographical Indications Act 2000 defines "applicant" as a person applying
under Section 3.  Section 3 which deals with applications for registration and contents of the
application makes no distinction between nationals of Saint Lucia and nationals of other countries
with respect to the requirements.
Industrial Designs
The Industrial Designs Act 2001 makes no exceptions to the protection granted to nationals of
other WTO member states.  The Act in Section 20 states that where an applicant's ordinary residence
or principal place of business is outside of Saint Lucia, he shall be represented by an attorney-at-law
resident and practising in Saint Lucia.  This section also supports the fact that application for
protection of industrial designs is open to nationals  of other countries.  Section 23 of the Industrial
Designs act provides that the provisions of any inte rnational treaties in respect of industrial property
to which Saint Lucia is a party shall apply to all matters dealt with by the Act.  In light of this
provision, Articles 3 and 4 of the TRIPS Agreement must be adhered to.
Patents
The draft Patents Act will do away with the automatic registration of United Kingdom patents
and will allow for registration and the affording of protection to nationals of other countries same as
that afforded to nationals of Saint Lucia.
Layout-Designs (Topographies) of Integrated Circuits
            Section 2 of the Layout-Designs (Topographies) of Integrated Circuit Act 2000 (No. 3 of
2000) defines "right holder; as the person who is to be registered as the beneficiary of the protection
referred to in Section 6 of the Act".  Section 5 provides that "the right to layout-design protection shall
belong to the creator of the layout-design…"  These sections make the protection available under the
Act open to all creators of layout-designs whether they are nationals or not of Saint Lucia.
Protection of Undisclosed Information
Protection under the Protection Against Unfair Competition Act (No. 1 of 2001) makes no
distinction between national of Saint Lucia and nationals of other countries and offers the sameprotection to both groups of persons and industrial or commercial enterprise.
B. C
OPYRIGHT
2. (Question 2, IP/C/W/215/Add.1; Question 2, IP/C /W/240) Please explain how Saint Lucia's
copyright law protects computer programs as literary works and compilations of data as required byArticle 10 of the TRIPS Agreement and cite to the relevant provisions.
Section 7 of the Copyright Act 1995 provides categories of works in which copyright under
the Act can subsist and one of these categories is original literary works.
Section 3 defines literary work as any work other than a dramatic or musical work, which is
written, spoken or sung, and includes-IP/C/W/237/Add.1
Page 4
- a written table or compilation; and
- a computer programme.
Section 9 goes on to provide the nature of the righ ts granted to the owner of the copyright in a work
for which protection is granted.
3. (Question 3, IP/C/W/215/Add.1, Question 3, IP/C /W/240) Article 11 of the TRIPS Agreement
requires that rental rights be provided for co mputer programs and cinematographic works in most
instances and Article 14.4 requires that rental rights be provided to the producers of phonograms.
Please describe how Saint Lucia's law on copyrigh t and neighbouring rights ensures that the required
rental rights are provided and cite to the relevant provisions of law.
Section 9 of the Copyright Act 1995 as ame nded by the Copyright (Amendment) Act 2000
makes provision for the exclusive rights which the owner of copyright has.  In its subsection (e) of
section 9 as amended it provides the exclusive right of:
"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 data base or a musical work in the form of
notation."Section 9 subsection 2 goes on to provide that the rights of rental and lending do not apply to
rental or lending of computer programmes where the programme itself is not the essential object ofthe rental or lending; or to cinematographic works, unless such commercial rental has led to
widespread copying of such works materially impairing the exclusive right of protection.
4. (Question 4, IP/C/W/215/Add.1) Please identify th e term of protection available with respect
to works and with respect to each form of neighbouring rights under Saint Lucia's law on copyrightand neighbouring rights and cite to the relevant provisions of law.
The length of protection granted under the Copyright Act 1995 is generally 50 years.  The
following is a detailed synopsis of the categories of works and term of protection:
• in relation to literary, dramatic, musical or artistic work- 50 years from the end of the
year in which the author dies (section 10(1));
• in relation to computer generated work – 50 years from the end of the year in which
the work is made;
• in relation to a sound recording or film – 50 years from the end of the year in which it
was made;
• in relation to a broadcast or cable programme – 50 years from the end of the year in
which the broadcast was made or the programme included in a cable programmeservice;
• in relation to typographical arrangements of a published edition – 25 years from the
end of the year in which the edition was first published.
5. (Question 5, IP/C/W/215/Add.1) Article 13 of the TRIPS Agreement obliges WTO Members to
confine any limitations or exceptions to copyrights to certain special cases that do not conflict withthe normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the
right holder.  Please describe any and all limitations and exceptions to copyrights provided underIP/C/W/237/Add.1
Page 5
Saint Lucia's law on copyrights and neighbouring righ ts and cite to the relevant provision of law.
Please indicate how Saint Lucia ensures that those limitations and exceptions do not conflict with the
normal exploitation of works and do not unreasonably prejudice the legitimate interests of the right
holder.
Limitations and exceptions to copyrights under the Copyright Act 1995:
• for the purpose of research and private study  (section 56)
• for the purpose of criticism, review and reporting (section 57) if accompanied by a
sufficient acknowledgement
• where there is incidental inclusion of a protected work (section 59)
• where it is not possible to ascertain the identity of the author and it is reasonable to
assume that the copyright has expired or the author died 50 years or more before
(section 60)
• use of notes for recording of spoken words for the purpose of reporting current events
(section 61)
• acts done for the purposes of instruction or examination  (section 62)
• the inclusion of a short passage from a published literary or dramatic work, in a
collection for use in educational institutions (anthologies)  (section 63)
• performing, playing or showing works in the course of educational activities
(section 64)
• recording by or on behalf of an educational establishment for the purposes of that
establishment   (section 65)
• reprographic copies of passages from published literary, dramatic or musical works
made by or on behalf of an educational establishment for the purpose of instructionprovided that not more than 1 % of any work may not be copied in any quarter
(section 66)
• supply by libraries of copies of published works  (section 69)
• recording of works for archival purposes  (section 73 )
• for the purposes of parliamentary or judicial proceedings and for the purpose of
reporting such proceedings  (section 74)
• making or supplying copies of public records  (section 75)
• transfer of works in electronic form subject to any express terms prohibiting such
transfer or otherwise  (section 78)
• reading and recitation in public  (section 80)
• representations of artistic works on public display  (section 81)IP/C/W/237/Add.1
Page 6
• anything done for the purposes of reconstructing a building  (section 82)
• recording for the purpose of time shifting  (section 85)
The Act speaks to fair dealing with a work.  Sections 57 and 58 state what factors would be
taken into account to determine whether an act constitutes fair dealing.  One such factor is the effect
of the act upon the potential market for or the commercial value of the work.  Provision is also made
for the overriding of some exceptions where there are express contractual terms to the contrary.
6. (Question 5, IP/C/W/240) Please describe the protection the copyright law of Saint Lucia
provides for performers, and the term of the protection.  (Question 6, IP/C/W/215/Add.1) Please
describe in detail the rights provided under Saint Lucia's law on copyright and neighbouring rights to
performers, broadcasters and producers of phonogram s and cite to the relevant provisions of law.
A performer enjoys the right to consent to the exploitation of his performance and to be paid
royalties for use of the performance.  Performers also have rights conferred by section 9 as amended
of the 1995 Act, i.e. making a recording of the whole or any substantial part of the performance,
broadcasting live the whole of any substantial part of a performance, showing or playing in public the
whole or any substantial part of a performance, using an original recording of a performance for the
purpose of making an adaptation of the recording.
In addition, performers and broadcasters enjoy the following rights to do, authorize or prohibit
the following acts granted by section 9 as amende d by section 4 of the Copyright (Amendment) Act:
• reproduction of the work;
• translation of the work;
• adaptation, arrangement or other transformation of the work;
• the first public distribution of the original and each copy of the work by sale, rental or
otherwise;
• rental or public lending of the original or a copy of an audiovisual work, a work
embodied in the form of notation, irrespective of the ownership of the original or copyconcerned;
• importation of copies of the work;
• public display of the work;
• public performance of the work;
• communication to the public of the work.
Producers of phonograms have the right to be identified as the performer of a performance
and to object to any distortion, mutilation or other modification of his or her performance that would
be prejudicial to his or her reputation.
7. (Question 6, IP/C/W/240) Article 14.2 of the TRIPS Agreement provides that producers of
phonograms are to enjoy the right to authorize or prohibit the direct or indirect reproduction of their
phonograms.  Article 14.2 requires that producers of phonograms are to have the right to authorize
or prohibit the comme rcial rental to the public of originals or copies of their phonograms.  Please
describe how the copyright law of Saint Lucia impl ements these obligations and indicate the term of
protection.
Section 9 of the Copyright Act as amended by  the Copyright (Amendment) Act provides that
owners of copyright have the exclusive right to do, authorize or prohibit in subsection (a)
reproduction of the work and in subsection (e) 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 data base or a
musical work in the form of notation, irrespective of  the ownership of the original or copy concerned.IP/C/W/237/Add.1
Page 7
Term of protection: 50 years from the end of the year in which it was made.
8. (Question 7, IP/C/W/215/Add.1) Article 18 of the Berne Convention, as incorporated into the
TRIPS Agreement by Article 9.1 of the TRIPS Agr eement requires that copyright be restored for
works that are still are protected under copyright in their country of origin and have not had a full
term or protection in Saint Lucia.  Please descri be in detail how Saint Lucia has implemented this
obligation and cite to the relevant provisions of law.
[No reply received]
9. (Question 8, IP/C/W/215/Add.1) Article 14.6 of th e TRIPS Agreement requires that protection
be restored for phonograms that are still under protection of copyright or neighbouring rights law in
their country of origin and that have not had a full term of protection in Saint Lucia.  Please describe
in detail how Saint Lucia has impl emented this obligation and cite to the relevant provisions of law.
[No reply received]
C. TRADEMARKS
10. (Question 9, IP/C/W/215/Add.1; Question 7, IP/C/W/240) Please describe in detail the
subject-matter that can comprise a trademark under Saint Lucia's trademark law and cite to the
relevant provisions of law.
The draft Trademarks Act provides in Section 2 for the following subject matter to comprise a
trademark: letter, word, name, signature, numeral, device, brand, heading, label, ticket, aspect of
packaging, shape, colour, and any combination thereof.
11. (Question 10, IP/C/W/215/Add.1;  Question 8, IP/C/W/240) Please describe in detail the
procedure that must be followed to register a tr ademark in Saint Lucia, citing the relevant provisions
of the trademark law and describe the rights that  the owner of a registered mark acquires with
registration.
Procedure for registration of trademark
Section 11 of the draft Act deals with making of the application for registration of a
trademark.
• Application may be made in respect of goods or services or both in the prescribed
form (to be contained in the Trademark Regulations) if the person applying claims to be
owner of the trademark, and uses or intends to use, or has authorized or intends to authorize
another person to use or intends to assign the trademark in relation to the goods or services or
both.
• All applications must be accompanied by six additional representations of the mark
section 11(2)(a).
• The classification and the respective goods and services for which registration of the
mark is being sought must be listed in the application (classification is according to the Nice
Classification).
• Application to be accompanied by an auth orization of agent appointing an attorney-
at-law to file an application for registration.
• Application fee to be paid at the time of filing of the application.IP/C/W/237/Add.1
Page 8
• Notice that application has been made to be published in the Official Gazette by the
Registrar.
• The application will then be examined by the Registrar (section 15) before acceptance
or refusal.  The applicant may be invited to amend the application.  The decision to accept or
refuse an application is to be published in the Official Gazette (section18) and where the mark
has been accepted, a period of 3 months will be allowed for oppositions (section 36).  If there
are no oppositions after the 3-month period, a certificate of registration will be issued.
The rights which a trademark owner acquires with registration are provided for in Section 4 of
the draft Act.  That section provides that the registered owner of a trademark has the exclusive rights
(1) to use the trademark; (2) to authorize other pe rsons to use the trademark in relation to goods or
services or both in respect of which the trademark is registered; and (3) to obtain relief under the Act
if the trademark has been infringed.
12. (Question 9, IP/C/W/240) Please provide the length and terms of protection that the trademark
law of Saint Lucia provides for a trademark.
The term of protection provided by the draft Trademarks Act for trademarks is 10 years from
the filing date.
13.  (Question 11, IP/C/W/215/Add.1) Please explain  in detail how Saint Lucia's trademark and
other laws provide for the protection of well-known trademarks and service marks, citing the relevantprovisions of law.
The draft Trademarks Act in Division 2 (Grounds for opposing registration) section 44 speaks
to marks that have acquired a reputation.  Registration of a mark can be opposed on the ground that it
is substantially identical with or deceptively similar to a trademark that has acquired a reputation in
Saint Lucia and because of that reputation, registration of the mark would be likely to deceive orcause confusion.
14. (Question 12, IP/C/W/215/Add.1) Please describe in detail any limitations or special
requirements that apply to trademark rights under Saint Lucia's laws and indicate how those
limitations take account of the legitimate interests of the owner of the trademark and of third parties.
Limitations or special requirements that apply to trademark rights
The only limitations specified relate to limitatio ns of the exclusive right to use a trademark
including limitation of that right as to:
• colour
• mode of use
• use in Saint Lucia
• use in relation to goods or services to be exported
Section 7 of the draft Act refers to limitations on rights for similar trademarks and provides
that if trademarks which are identical have been registered by more than one person whether in
respect of the same or different goods or services, the registered owner of any one of those trademarks
cannot prevent the registered owner of the other trademark from using that trademark except to the
extent that the first mentioned owner is authorized to do so under the registration of his or her mark.
These limitations do not interfere with the legitimate interests of the owner of the trademark
nor with the interests of third parties as the Act makes provision for appeal against a decision by theIP/C/W/237/Add.1
Page 9
Registrar to accept an application for the registration of a trademark subject to limitations.
15. (Question 13, IP/C/W/215/Add.1) Please indicate th e length of the initial term of protection
for a registered trademark under Saint Lucia's trademark law and describe the conditions for
renewing the registration and the period of the renewal.  Please cite to the relevant provisions ofSaint Lucia's law.
Length of the initial term of protection for a registered trademark is 10 years (section 56(3),
draft Act).
The registration of a trademark may be renewed within the prescribed period i.e. one month
before the registration of the trademark expires and is renewable for a period of ten years from the day
on which the registration of the trademark would expire if it were not renewed. (Sections 59 and
61(1), draft Act).
If renewal does not take place within the time specified above, application for renewal may be
made within one year after registration of the mark expires (section 63, draft Act)
16. (Question 10, IP/C/W/240) Please explain whether the laws of Saint Lucia protect pre-
existing trademarks against usurpation by geographical indications, as required by Article 24 of the
TRIPS Agreement.
Section 45 of the draft Trademarks Act makes pr ovision for opposition to the registration of a
mark if the trademark contains or consists of a sign that is a geographical indication for other goods.
However, subsection (2) of section 45 in sub-paragraph (c) of the draft Act provides that an
opposition on the ground referred to above will fail if ‘the applicant, or a predecessor in title of the
applicant, used the sign in good faith in respect to goods or applied in good faith for registration of themark before (a) the commencement of the Act; or (b) the day on which the sign was recognized as a
geographical indication for goods in their country of origin;  whichever is later.
17. (Question 11, IP/C/W/240) Please describe in detail how the laws of Saint Lucia 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 ofgeographical indications so protected.
Section 45(1) of the draft Act provides for the protection of geographical indications by
making provision for a trademark application to be opposed on the ground that it contains or consists
of a sign that is a geographical indication for other goods.
There are at present no geographical indications protected under the Geographical Indications
Act of Saint Lucia. It should also be noted that S ection 17 of the Geographical Indications Act (No. 4
of 2000) provides that the Registrar shall on his own or at the request of an interested party, refuse orinvalidate the registration of a trademark which contains or consists of a geographical indication with
respect to goods not originating in the territory indicated, if use of the indication in the trademark for
such goods in Saint Lucia is of such a nature as to mislead the public as to the true place of origin.
18. (Question 12, IP/C/W/240) Please describe in detail the manner in which the higher level of
protection required for wines and spirits under Arti cle 23.2 of the TRIPS Ag reement is implemented,
citing to the relevant provisions of law or regulation, and provide examples of geographical
indications for such products.IP/C/W/237/Add.1
Page 10
Section 45(2)(d) of the draft Trademarks Act provides that an application on the ground that
the trademark contains or consists of a geographical indication for other goods fails if it is established
that if the registration of the trademark is being sought in respect of wines and spirits and the sign is
identical with the name that, on the date of commen cement of the Act, was, in the country in which
the wines and spirits originated, the customary name of a variety of grapes used in the production ofthe other wine or spirit.
There are at present no geographical indications registered for such products.  Section 18 of
the Geographical Indications Act should be noted since it provides that the registration of a trademark
for wines and spirits which contains or consists of a geographical indication identifying wines or a
trademark for spirits which contains or consists of a geographical indication identifying spirits shall
be refused or invalidated by the Registrar with respect to such wines and spirits not having this origin.
D. G
EOGRAPHICAL INDICATIONS
19. (Question 14, IP/C/W/215/Add.1) Please describe in detail how and under what laws
geographical indications are protected in Saint Luci a and cite to the relevant provisions of law.
Geographical Indications are protected under the Geographical Indications Act No. 4 of 2000.
The Act in Part III makes provision for the protection of geographical indications by way of civil
proceedings.  In Section 12 of the Act, provision is made by way of Court proceedings for theprevention in relation to geographical indications of
- the use of any means in the designation or presentation of a good that indicates or
suggests that the good in question originates in a geographical area other than the true place
of origin, in a manner which misleads the public as to the geographical origin of the good;
- any use which constitutes an act of unfair competition;- the use of a geographical indication identifying wines for wines not originating in the
place indicated by the geographical indication in question or identifying spirits for spirits notoriginating in the place indicated by the geographical indications in question.
Protection of geographical indications under the Geographical Indications Act is available
regardless of whether the geographical indication has been registered.  But registration under the Act
raises a presumption that such indication is a geographical indication.
20. (Question 15, IP/C/W/215/Add.1) Does the law of Saint Lucia regarding geographical
indications provide for any of the exceptions to protection of geographical indications contained in
Article 24 of the TRIPS Agreement, and, if so, please describe the way in which the exception is
applied and cite to the relevant provisions of law.
The Geographical Indications Act in section 15(c) makes provision for the exception to
protection of geographical indications contained in Article 24.9 by stating that geographicalindications which are not or cease to be protected in their country of origin, or which have fallen into
disuse in that country shall be excluded from protection under the Act.
Section 19 of this Act embodies the exceptions  as stated in paragraphs 4, 5, 6, 7 and 8 of
Article 24 of the TRIPS Agreement.
This Act came into force in May 2000 and application of its provisions is very limited.IP/C/W/237/Add.1
Page 11
E. INDUSTRIAL DESIGNS
21. (Question 16, IP/C/W/215/Add.1) Please describe in detail the way in which industrial
designs, including textile designs, are protected under Saint Lucia's laws and cite to the relevant
provisions of law.
Industrial designs are protected under the Industrial Designs Act which confers on the
registered owner of a registered industrial design.  The protection offered is as follows: (section 9)
- against exploitation of a registered industrial design in Saint Lucia by another person
other than the registered owner without the agreement of the registered owner.  Exploitation
in this context means making, selling, importing or otherwise distributing, for commercial
purposes, articles embodying a design which is a copy or substantially a copy of the industrial
design.
- the right to institute court proceedings against any person who infringes the
registration of the industrial design by making, selling, importing or otherwise distributing,
for commercial purposes, articles embodying a design without the agreement of the registered
owner or who performs acts which make it likely that infringement will occur.
Protection is granted for a period of 5 years from the filing date of the application for
registration of an industrial design and may be renewed for two further consecutive periods of 5 years.
22. (Question 13, IP/C/W/240) Please describe the procedure that must be followed to obtain
protection for industrial  designs, citing to the prov isions of the law of Saint Lucia, and describe the
nature of the protection provided.
Procedure to obtain protection for industrial designs as follows.  Application is to be made to
the Registrar of Companies and Intellectual Property and must contain:
• a request
• drawings
• photographs or other adequate graphic representations of the article embodying the
industrial design
• indication of the kind of products for which industrial design is to be used
• a specimen of the article embodying the industrial design where the industrial design
is two dimensional.
The prescribed fee is to be paid on filing.
The date of receipt of the application is the filing date.
The application is then examined by the Registrar for compliance with the above requirements
and to ascertain that the industrial design represented is a registrable one pursuant to sections 3 and 4
of the Act.  (section 7)
Once the conditions are fulfilled, the Registrar shall register the industrial design and publish
a reference to the registration and issue a certificate of registration of the industrial design. (section 8)
The nature of the protection afforded by the Ac t in respect of industrial designs is as was
detailed in the response to Question 21 above.IP/C/W/237/Add.1
Page 12
23. (Question 14, IP/C/W/240) 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 Industrial Designs Act does not make a distinction between industrial and textile designs
and the same procedure described in the answer to Question 22 would apply.
F. PATENTS
24. (Question 17, IP/C/W/215/Add.1) Please explain whether or not inventions within the
categories specified below are eligible to be patented under Saint Lucia's law if they are otherwise
novel, involve an inventive step, and are industrially applicable:
(a) process inventions which, in whole or in part, consist of steps that are performed by a
computer and are directed by a computer program;
(b) product inventions consisting of elements of a computer-implemented invention
including:
(i) machine-readable computer program code stored on a tangible medium such
as a floppy disk, computer hard drive or computer memory;  or
(ii) a general purpose computer whose novelty over the prior art arises primarily
due to its combination with a specific computer program;
(c) process inventions that facilitate the conduct of business;
(d) a micro-organisms.
Note: With regard to the questions pertaining to patents,  a new Patents Act is being drafted
at the time of responding to these questions and therefore answers to the questions are unavailable.
Responses will be furnished at a later date as the draft is expected to be completed and laid before theHouse of Assembly in th e next two-three weeks.
25. (Question 18, IP/C/W/215/Add.1) Please identify any exceptions to the rights conferred by a
patent in Saint Lucia and indicate the manner in which the law of Saint Lucia ensures that such
exceptions do not unreasonably conflict with a normal exploitation of the patent and do not
unreasonably prejudice the legitimate interests of the patent owner, taking account of the legitimate
interests of third parties.
Please see the reply to question 24.
26. (Question 19, IP/C/W/215/Add.1) Please describe any provisions for compulsory licensing of
patents in Saint Lucia's law and explain how Saint Lucia ensures that each of the conditions in
Article 31 of the TRIPS Agreement is met in relation to any compulsory licences.  Please cite to the
relevant provisions of law.
The present Patents legislation found in Article 652 Chapter V, Title X of the Commercial
Code Ch 244 Revised Laws of Saint Lucia makes provision for compulsory licences.  It should be
noted however that this legislation is being on work ed on at the date of responding to this question
and will be modified.
27. (Question 20, IP/C/W/215/Add.1) Please indicate  the number of compulsory licences issued
under Saint Lucia's patent law in each of the last five years.IP/C/W/237/Add.1
Page 13
There is no record of any compulsory licences having been issued.
28. (Question 21, IP/C/W/215/Add.1) Article 33 of the TRIPS Agreement requires that patents
have a term of protection that does not end before a period of twenty years measured from the date of
filing.  Please describe the term of protection for patents available under Saint Lucia's patent law and
indicate if there is any variation in that term, based upon the area of technology to which the patentrelates.  If so, please indicate what the variations are and for what technologies and describe Saint
Lucia's plans to bring its law into compliance with Article 27.1, which prohibits discrimination in the
enjoyment of patent rights based on the field of technology.
Please see the reply to question 24.
29. (Question 22, IP/C/W/215/Add.1) Please verify that  the terms of all patents in existence in
Saint Lucia on 1 January 2000, will not end before the expiration a period of twenty years measured
from the date of filing.
Term of the patents registered up to 1 January, 2000 were mainly United Kingdom patents
and so would carry the same term of protection as the UK patent.
30. (Question 23, IP/C/W/215/Add.1) Please describe in detail the manner in which plant
varieties are protected under Saint Lucia's laws and cite to the relevant provisions.
Please see the reply to question 24.
31. (Question 15, IP/C/W/240) Please describe in detail the way in which the patent law of Saint
Lucia implements Article 27 of the TRIPS Agreemen t, indicating any exceptions provided for, and
including details regarding the protection for micro-organisms and non-biological and
microbiological processes and plant varieties.  Please cite to the relevant provisions of the law.
Please see the reply to question 24.
32. (Question 16, IP/C/W/240) Please describe in detail the rights provided patent holders under
the patent law of Saint Lucia and cite  to the relevant provisions of law.
Please see the reply to question 24.
33. (Question 17, IP/C/W/240) Please describe in detail any provisions in the laws of Saint Lucia
permitting unauthorized use of a patent, citing to the relevant provisions of law, and describe in detailthe conditions under which such use can occur.
Please see the reply to question 24.
34. (Question 18, IP/C/W/240) What term of protection does the patent law of Saint Lucia provide
for patents?  Please describe any provisions for extension of the term of protection and cite to the
relevant provisions of the law.
Please see the reply to question 24.
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
35. (Question 24, IP/C/W/215/Add.1) Please describe in detail how Saint Lucia implements the
obligations of Section 6, Part II of the TRIPS Ag reement and cite to relevant provisions of law.IP/C/W/237/Add.1
Page 14
Section 19 of the Layout-Designs (Topographies) of Integrated Circuits Act No. 3 of 2000
implements Article 35 of the TRIPS Agreement by pr oviding that the provisions of any international
treaty in respect of intellectual property to which Saint Lucia is a party shall apply to matters dealt
with by the Act.  It should be noted that Saint Lucia recently deposited instruments of accession to the
Treaty on Intellectual Property in Respect of Integrated Circuits.
Section 6(2) of the Act incorporates Article 36 of the TRIPS Agreement with regard to the
scope of protection for integrated circuits and consider certain acts unlawful if performed without the
authorization of the right holder i.e. reproducing,  importing, selling or otherwise distributing for
commercial purposes the protected layout-design.
Section 6(3) incorporates Article 37 of the TRIPS Agreement with respect to certain
situations which would not be unlawful when looking at the affect of protection.
Section 6(4) incorporates the provision regarding liability to pay the right holder a sum
equivalent to a reasonable royalty where a person is aware that a layout-design was unlawfully
reproduced.
Section 7 implements Article 38 of the TRIPS Agreement and the term of protection provided
under that section is 10 years from (i) the date of the first commercial exploitation anywhere in the
world of the layout-design where the application is filed within two years of the commercial
exploitation or (ii) the filing date if there has been no previous commercial exploitation.
36. (Question 19, IP/C/W/240) Please describe in detail the protection for layout-designs of
integrated circuits provided under the laws of Saint Lucia, including the term of protection, and citeto the relevant provisions of law.
Protection for layout-designs under the Layout-Designs (Topographies) of Integrated Circuits
Act No. 3 of 2000 may be obtained for layout-designs of integrated circuits if they are original.
Protection is not available for layout-designs which have been commercially exploited, anywhere in
the world, for more than two years prior to the entry into force of the Act  (Section 3).
Protection under the Act does not depend upon whether or not the integrated circuit which
incorporates the protected layout-design is itself incorporated in an article (Section 6 (ii)).
The protection offered according to section 6 (2) of the Act has the effect of rendering certain
acts unlawful if performed without the authorization of the right holder.  These acts are as follows:
- reproducing the protected layout-design in its entirety or any part thereof;
- importing, selling or otherwise distributing for commercial purposes the protected
layout-design, an integrated circuit in which the protected layout-design is incorporated or an
article incorporating such an integrated circuit in so far as it continues to contain anunlawfully reproduced layout-design.
The term of protection is 10 years (section 7).
H. P
ROTECTION OF UNDISCLOSED INFORMATION
37. (Question 25, IP/C/W/215/Add.1) Paragraph 2 of Article 39 of the TRIPS Agreement requires
Members to provide protection for all undisclosed information, including technical know-how and
commercial information, which meets certain criteria.  This protection must endure as long has the
conditions identified in paragraph 2 of Article 39 are met and protection cannot be conditioned onIP/C/W/237/Add.1
Page 15
registration.  Please explain how Saint Lucia fulfils this obligation and cite to the relevant provisions
of law.
Section 8 of the Protection Against Unfair Competition Act 2001 provides that an act or
practice in the course of industrial or commercial activities that results in the disclosure, acquisition or
use  by others of trade secrets without the consent of the person lawfully in control of that informationand in a manner contrary to honest commercial practices constitutes an act of unfair competition.
Subsection (3) details what is considered a trade secret for the purpose of the Act and basically
embodies Article 39.2(a)-(c) of the TRIPS Agreement.
38. (Question 21, IP/C/W/240) Please describe in detail the manner in which protection is
provided test data regarding pharmaceutical and agricultural chemical products submitted to the
government in order to obtain marketing approval in Saint Lucia and cite to the relevant provisions of
law
Section 8 (4) of the Act makes provision for an act or practice which is considered an act of
unfair competition if it consists or results in
An unfair commercial use of secret test or other data, the origination of which involves
considerable effort and which have been submitted to a competent authority for the purposes of
obtaining approval of the marketing of pharmaceutical or agricultural chemical products which utilizenew chemical entities; or the disclosure of such data.
Protection is granted to the right holder by the provision for action to be taken against the
infringer.
39. (Question 22, IP/C/W/240) Are other applicants for marketing approval for their own
versions of a previously approved pharmaceutical or agricultural chemical products permitted to relyon data submitted by the earlier applicant?  If so, how long a period of exclusivity is given the earlier
applicant before such reliance becomes possible.
There is no specific provision in the Act which deals with the above issue.
I. E
NFORCEMENT
40. (Question 26, IP/C/W/215/Add.1) What measures, as required by Article 42 of the TRIPS
Agreement, are taken by judicial authorities in Saint Lucia to protect the confidentiality of
undisclosed information furnished by a party during legal proceedings to enforce rights in such
information, or for other purposes.
There are no specific provisions dealing with this issue under the Act and it may be left to the
Court to decide that for the purposes of the legal proceedings, that it be held in camera.
41.  (Question 23, IP/C/W/240) Please describe in de tail the manner in which the laws of Saint
Lucia provide for effective action against infringement of intellectual property rights as required byArticle 41.1 of the TRIPS Agreement.
The system of enforcement of all rights incl uding intellectual property rights is provided
through a combination of legislation and common law.  The various pieces of legislation make
specific procedure and remedies available for infringement of the various forms of intellectual
property rights.
42.  (Question 28, IP/C/W/215/Add.1) Please describe in detail what civil actions and what civil
remedies are available under Saint Lucia's laws to right holders of each kind of intellectual propertyIP/C/W/237/Add.1
Page 16
covered by Part II of the TRIPS Agreement, includ ing plant variety protection, that permit effective
action against any act of infringement to prevent infringement and deter further infringement, and cite
to the provisions of law providing for those remedies.
Copyright and Related Rights
Infringement of copyright is actionable in the High Court at the instance of the copyright
owner. (Section 36 Copyright Act)
Remedies available: damages, injunction, accounts, all other remedies available in any
corresponding proceedings in respect of the infringements of other proprietary rights (section 36);
order for delivery up of infringing material (section 37), right to seize infringing works after due
notice has been given (section 38); order for the impounding of copies of works or sound recordings
suspected of being made or imported without the au thorization of the owner of any right protected
under the Act where the making or importation of copies is subject to such authorization, as well asthe impounding of the packaging of, the implements that could be used for the making of, and the
documents, accounts or business papers referring to such copies; order for the forfeiture and seizure of
all plates, moulds, matrices, masters, tapes, film negatives, or other articles by means of which such
copies of works or sound recordings may be reproduced, and all electronic, mechanical or other
devices for manufacturing, reproducing, or assembling such copies of works or sound recordings;(section 139A).
In the case of infringement of moral rights, action can be brought for breach of statutory duty
(section 46).
Trademarks
Remedies: injunction, subject to any condition that the court may impose; damages, accounts
(section 109 draft Trademarks Act)
Geographical Indications
Any interested person may institute proceedings  in the Court to prevent in relation to a
geographical indication:
- the use of any means in the designation or presentation of a good that indicates or
suggests that the good in question originates in a geographical area other than the true place
of origin, in a manner which misleads the public as to the geographical origin of the good;
- any use which constitutes an act of unfair competition;
- the use of a geographical indication identifying wines for wines not originating in the
place indicated by the geographical indication in question or identifying spirits for spirits not
originating in the place indicated by the geographical indication in question;
Remedies available:  injunction, an  award of damages or any other remedy which the Court deems fit.
(Section 12 Geographical Indications Act  No. 4 of 2000)IP/C/W/237/Add.1
Page 17
Industrial Designs
The owner of a registered design can institute court proceedings against a person who
infringes the registration of his industrial design.
Remedies available:  injunction, damages and any other remedy which the Court thinks fit.
(Sections 9 (4) and 22 Industrial Designs Act No. 3 of 2001)
Patents
The draft Patents Act will make provision for the right of the owner of patent in respect of
which there has been infringement to bring civil proceedings and obtain the following relief:
Injunction, delivery up or destruction of any patented product in relation to which the patent
is infringed, damages, account of profits, declaration that patent is valid and has been infringed by
the defendant.
Layout-Designs (Topographies) of Integrated Circuits
Court proceedings can be instituted where there has been infringement of a layout-design by
the right holder.  The remedies available are: injunction, damages or any remedy provided for in
general law.  (Layout-Designs (Topographies) of Integrated Circuits Act No. 3 of 2000)
Protection of Undisclosed Information
Remedies available for prejudice suffered as a result of unfair competition are the remedies
obtained under civil law such as injunctions, declarations and damages.
43. (Question 29, IP/C/W/215/Add.1) Please state whether decisions on the merit in court
proceedings are provided in writing and if those written opinions are available to the public so that
people can become familiar with the law.
Yes, decisions from court proceedings are provided in writing and are available to the public
on request.
44. (Question 24, IP/C/W/240) Article 43.1 of th e TRIPS Agreement requires that judges be
authorized to order production of evidence necessary to substantiate a party’s claims where that
party has been unable to obtain such evidence from the opposing party.  Please describe how the laws
or regulations of Saint Lucia provide this authorization, citing to the relevant provisions of law or
regulation.
The Courts have the authority to order the production of documents in court by virtue of the
Rules of the Supreme Court 1970.  A party to litigation has an obligation to (either automatically orby order of the Court to give "discovery" of such documents which it may have in its possession,
custody or control which relate to the particular court proceeding.  The Court can also make orders
(by way of an Anton Pillar injunction) at the beginning of the proceedings for the protection of
evidence and to prevent any possibility of evidence not being available if there is a fear that the
defendant may destroy the evidence.
45. (Question 26, IP/C/W/240) Please describe in de tail the provisional procedures and remedies
available to right holders under the laws of Saint Lu cia, 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.IP/C/W/237/Add.1
Page 18
Under the Common Law system which operates in Saint Lucia the following provisional
procedures and remedies are available:
(i) The High Court may before full trial of the matter on the merits grant an interim or
interlocutory injunction;
(ii) The Court may grant an Anton Pillar Order.  This order allows for the preservation of
evidence where there is a fear that the defend ant will destroy the evidence.  The order allows
a person designated by the Court to enter the defendant’s premises to search for and take into
custody any document or thing which may be vital to the case before the Court;
(iii) The Court can also grant a Mareva injunction which allows the freezing of the
defendant’s assets pending the outcome of the trial;
(iv) The Court may also grant an interim award of damages.
46. (Question 31, IP/C/W/215/Add.1) Please describe in detail the procedures under Saint Lucia's
laws, at least with respect to counterfeit trademarked goods and pirated copyrighted works, that
allow right holders to request customs authorities not to release goods into free circulation and cite to
the relevant provisions of law.  Please indicate if the customs authorities have ex officio authority to
take such action .
Copyright
Under the Copyright Act No. 10 of 1995 a nd the Copyright (Importation Restriction)
Regulations S.I. 113 of 2000, the owner of copyright in any published work or film or sound
recording may give notice in writing to the Comptroller of Customs that he wishes the Comptroller
during a specified period to treat as prohibited goods copies of a work, film or sound recording.  Thespecified period is not to exceed 5 years. (Section 51 Principal Act)
The form of notice to be used is contained in the Copyright (Importation Restriction)
Regulations and must contain a declaration by the signatory that the information contained in the
notice is true.
A fee of $100.00 is to be paid to the Comptroller at the time of sending in the notice.The person giving the notice must furnish the Comptroller with the following at the time the
notice is given: a copy of the work, film or sound recording specified in the notice and such evidence
as is reasonably required by the Comptroller to establish:
(a) the person’s ownership of the copyright in the work;
(b) that the goods detained are infringing goods;
(c) that a person who has signed the notice as agent is duly authorized.
The person giving the notice must give security in such a manner as the Comptroller may
require in respect of any liability or expense which he may occur in consequence of the notice by
reason of the detention of any article or anything done to an article detained.
By reason of the provisions of section 51 and the Importation Restriction Regulations,
infringing goods may be treated as prohibited goods under the Customs (Control and Management)Act 1990 and are therefore liable to seizure.IP/C/W/237/Add.1
Page 19
Trademarks
The draft Trademarks Act makes provision in section 114 for the Comptroller of Customs to
seize and deal with goods that are imported into Saint Lucia if the importation infringes, or appears to
infringe, a registered.  The section refers to goods manufactured outside of Saint Lucia that areimported into Saint Lucia and are subject to the control of Customs.
Section 116 allows the Comptroller of Customs to seize goods:(a) which have applied to them a sign which in the opinion of the Comptroller is identical
with or deceptively similar to a notified trademark; and
(b) are goods in respect of which the notified trademark is registered.
Section 115 allows the registered owner of a trademark to give notice to the Comptroller of
Customs objecting to the importation after the date of the notice of goods that infringe the trademark.
The effect of these provisions is that the Comptroller may seize any counterfeit goods.
The competent authority is the Customs & Excise department.
47. (Question 32, IP/C/W/215/Add.1) Please indicate  whether border enforcement is available
with regard to other forms of intellectual property rights and cite to the relevant provisions of law.
Under the law relating to other forms of intellectual property, border enforcement is not
available to other forms of intellectual property apart from those listed in Question 46.
48. (Question 29, IP/C/W/240) Article 58 of the TRIPS Agreement specifies procedures to be
followed where the competent authorities can act ex officio.  Please explain whether the competent
authorities in Saint Lucia are empowered to act ex officio and, if so, please identify the intellectual
property areas subject to ex officio action.
There is no provision which allows competent authorities to act ex officio under the
intellectual property legislation of Saint Lucia.  All actions must be initiated by the right holder.
49. (Question 33, IP/C/W/215/Add.1) Please describe in detail how Saint Lucia implements the
remaining provisions of Section 4 of Part III of the TRIPS Agreement, citing to the relevant provisions
of law.
Sections 117-126 of the draft Trademarks Act  implement Articles 53-57 of the TRIPS
Agreement and make provision for the Comptroller of Customs to give notice of seizure o the
designated owner.  Section 120 makes provision for the indemnification of the designatedowner/importer by the person who filed the notice where the court finds that there has been no
infringement of a trademark by the imported goods and as a result of the seizure the designated owner
has suffered loss.  Section 126 gives the Comptroller power to require information from the importer
of the goods.
The Copyright Act and the Importation Restriction Regulations have similar provisions.
50. (Question 30, IP/C/W240) Please describe in de tail how the laws of Saint Lucia 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 ofwillful trademark counterfeiting and copyright infringement on a commercial scale.  Please cite to the
relevant provisions of law and regulation.IP/C/W/237/Add.1
Page 20
Copyright
Section 52 of the Copyright Act makes it a criminal offence to do certain acts (subsection (a)-
(e) without the licence or authorization of the copyright owner: e.g.
(a) making for sale or hire;
(b) in the course of business selling or letting for hire, or offering or exposing for sale or
hire, exhibiting in public or distributing;
(c) importing into Saint Lucia for purposes other than his private or domestic use;
(d) distributing otherwise than in the course  of business with a view to committing any
act infringing the copyright;
(e) possessing in the course of business with  a view to committing any act infringing the
copyright;
any article which the individual knows or has reason to believe is an infringing work.
The penalties are:  with respect to (b) above in the case of first conviction, a fine of two
thousand five hundred dollars for each article to which the offence relates and in the case of
subsequent convection, to the fine or to imprisonment for a term not exceeding twelve months.
With respect to any other offence, in the case of first conviction to a fine not exceeding one
thousand dollars and in the case of subsequent conviction to such fine or to imprisonment for a termof not exceeding six months.
Trademarks
The draft Trademarks Act makes provision for penalties with respect to offences and
generally provides penalties of a fine and/or imprisonment.  The fines and prison terms can beascertained when the Act is passed.  The draft contains fines ranging from ten thousand dollars to
two hundred and fifty thousand dollars.
Plant Varieties
The draft Plant Varieties Act will make provision for fines up to fifteen thousand dollars in
relation to criminal offences.
51. (Question 31, IP/C/W240) Article 61 also requires that remedies in appropriate cases include
the seizure, forfeiture and destruction of infringing goods and any materials and implements thepredominant use of which has been the commission of the offence.  Please describe the provisions in
the laws of Saint Lucia 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.
The Copyright Act allows for the Court to ma ke orders for seizure and forfeiture of any
articles which are used to make or reproduce infr inging copies under Section 139 A.  Section 142 also
makes provision for seizure of infringing material by police officers where there is reasonable cause
to believe that there is infringing material or that an offence is being committed .
The Court may in the case of the commission of an offence in relation to layout-designs order
the seizure, forfeiture and destruction of the layout-designs, integrated circuits or articles concerned
and of any materials or implements, the predominant use of which has been in the commission of theoffence.  (section 15 Layout-Designs (Topographies) of Integrated Circuits Act)
The Draft Trademarks Act makes provision for the seizure of infringing goods by the
Comptroller of Customs in section 116; forfeiture of goods to the Government of Saint Lucia inIP/C/W/237/Add.1
Page 21
section 118 and the disposal of the goods in section 122.  It should be noted that the power to seize
arises at the instance of the right holder and not at the instance of the Comptroller of Customs.
Where no specific provision has been made in relation to seizure etc. the Court has a
discretion to grant any remedy which it thinks is necessary in the circumstances.
52. (Question 32, IP/C/W240) Article 61 also indica tes 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 Lucia that provide for such procedures and
remedies, citing to the relevant provisions of law or regulation.
Layout-Designs
A person who without the authorization of the right holder knowingly performs an act which
is unlawful under Section 6 commits an offence for which the penalties are a fine of five thousand
dollars or imprisonment for two years.  The Court may also order the seizure, forfeiture and
destruction of the layout-designs, integrated circuits or articles concerned and of the materials or
implements, the predominant use of which has been in the commission of the offence. (Section 15)
Geographical Indications
Section 16 states that a person who knowingly a nd with intent to deceive performs any of the
acts referred to in section 12 of the Act commits an offence and is liable on summary conviction to a
fine of ten thousand dollars and to imprisonment for two years.
Industrial Designs
Under section 22(3) a person who intentionally performs an act which constitutes an
infringement commits an offence and is liable on summary conviction to a fine of ten thousand dollarsand to imprisonment for five years.
53.  (Question 33, IP/C/W/240) Please provide statis tical information related to civil copyright,
trademark, geographical indication, industrial design, patent, integrated circuit layout-design, and
trade secret enforcement for 2000, including the numbe r of cases filed; injunctions issued; infringing
products seized; infringing equipment seized; cases resolved (including settlement); and the amount
of damages awarded.
There have been no cases filed with regard to these areas.
54. (Question 34, IP/C/W/240) Please provide st atistical information related to criminal
enforcement in the area of copyright piracy and trademark infringement for 2000, including the
number of raids, prosecutions, convictions, and th e amount of fines and/or jail terms (including
whether the fines were paid and whether the jail term was actually served or was suspended) and anyother information establishing that the criminal system operates effectively to deter copyright piracy
and trademark counterfeiting.
There have no cases of criminal enforcement except for the seizure by police of infringing
goods from a record shop.  The matter was however not pursued.
55. (Question 39, IP/C/W/215/Add.1) Please describe any new initiatives that are planned to
improve enforcement of intellectual property rights in Saint Lucia, particularly initiatives related to
criminal enforcement.IP/C/W/237/Add.1
Page 22
Training seminars will be organized for judges on enforcement issues relating to intellectual
property.  Training is also to take place for the customs and police departments as a follow up to a
seminar which took place last year.
Plans are to ensure that all necessary regulations are put in place to provide the framework for
all legislation to operate and be effectively administered.
__________