INTELLECTUAL PROPERTY RIGHTS IN SAINT LUCIA
Opposition Term |
03 Months |
Registration Term |
10 Years |
First Renewal Term |
10 Years |
Subsequent Renewal Term |
10 Years |
The principle law on trademarks in Saint Lucia is the Trademarks Act No. 22 of 2001. It provides for registration of trademarks and matters incidental thereto. It is supplemented by Trade Marks Regulations, the Trade Marks Regulations No. 17 of 2003.
Non-traditional marks such as sounds and smells cannot be registered in Saint Lucia as the law does not provide for their protection.
It follows a 'first-to-use' system, which subjects to presenting evidence of prior use of the mark in the country.
For getting a trademark registered in Saint Lucia, an application has to be filed with the Registry of Companies and Intellectual Property, which administers the entire trademark registration process. Once the registration is complete, the Registry will issue a certificate of registration.
St. Lucia follows the 10th edition of Nice Classification. Multi-class trademark applications are acceptable.
It usually takes six (06) months or less for the Registry of Companies and Intellectual Property to process an application for registration.
Paris Convention priority can be claimed.
The registration procedure is deemed final on the expiration of the opposition deadline being three (03) months following the publication of the registration of the mark in the Official Gazette.
In Saint Lucia, registered trademarks have a validity of ten (10) years. They can then be further renewed indefinitely for successive periods of ten (10) years each. The trademark renewal can be requested as early as six (06) months before the expiration date, or during the grace period of twelve (12) months with a penalty.
No local use or intent to use is necessary prior to the application, but failure to use a mark within a period of three (03) years will subject the mark to the action for cancellation, provided no such action is brought within five (05) years from the date of registration.
Saint Lucia has been a contracting party to the Paris Convention for the Protection of Industrial Property since June 9, 1995. It has also been a contracting party to the Patent Cooperation Treaty (PCT) since August 30, 1996.
A patent can be registered in Saint Lucia either pursuant to the Patents Act 2001, which provides for the registration of the local patent applications, or pursuant to the Commercial Code and Laws of Saint Lucia 1975, which provides for applications to extend rights under the registration obtained in the United Kingdom (UK).
A local patent registration is valid for twenty (20) years and may be further extended. A UK-based patent registration is valid for the same period as specified on the underlying UK registration on which it is based. The application for extension should be filed within six (06) months prior to the expiration date of the date of registration.
The Industrial Design, Act No.2 of 2001, governs and deals with the mechanism of registration of industrial designs in Saint Lucia.
An application for registration of an industrial design needs to be filed with the registrar and should contain a request, drawings, photographs or other adequate graphic representations of the article embodying the industrial design, and an indication of the kind of products for which the industrial design is to be used.
The types of industrial design applications that can be filed in Saint Lucia include Non-Convention Application and Convention Application.
Utility model protection isn't provided under industrial design protection in the nation.
Opposition against an industrial design application can't be raised in Saint Lucia.
The registration of an industrial design lasts for a period of five (05) years from the filing date of the application for registration.
The registration may be renewed for two (02) further consecutive periods of five (05) years each through the payment of the prescribed fee.
A grace period of six (06) months is allowed for the late renewal of a registered industrial design upon payment of the prescribed surcharge.
Saint Lucia is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Copyright Act, Act No. 10 of 1995 - is the basic legislation governing copyright protection in Saint Lucia.
In Saint Lucia, copyright comes into existence as soon as the work is created. No formality is required to be done for obtaining copyright protection.
Copyright in any literary, dramatic, musical, or artistic work expires at the end of the period of fifty (50) years from the end of the calendar year in which the author dies.
A computer generated work expires at the end of the period of the fifty (50) years from the end of the calendar year in which the work is made.
Copyright in a sound recording or film expires at the end of the period of fifty (50) years from the end of the calendar year in which it was made, or where it was made available to the public before the end of that period, the term expires at the end of the period of fifty (50) years from the end of the calendar year in which it was made available.
Copyright in a broadcast or cable program expires at the end of the period of fifty (50) years from the end of the calendar year in which the broadcast was made on the program or was included in a cable program service.