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50.   Provision for restricting importation of infringing copies

Revised Laws of Saint Lucia (2021)

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50.   Provision for restricting importation of infringing copies

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    (1)   The owner of the copyright in any published literary or musical work or in any film or published sound recording may give notice in writing to the Comptroller—

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      (a)     that he or she is the owner of the copyright in the work, film or sound recording; and

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      (b)     that he or she requests the Comptroller, during a period specified in the notice, to treat as prohibited goods copies of the work, film or sound recording to which this section applies,

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    but the period specified in a notice under this subsection shall not exceed 5 years and shall not extend beyond the end of the period for which the copyright may subsist.

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    (2)   This section applies, in the case of a literary or musical work, film or sound recording, to any copy made outside Saint Lucia which is an infringing copy of the work, film or sound recording.

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    (3)   Where a notice has been given under this section in respect of a literary or musical work, film or sound recording, and has not been withdrawn, the importation into Saint Lucia, at a time before the end of the period specified in the notice, of any copy of the work, film or sound recording to which this section applies shall, subject to the following provisions of this section, be prohibited; but this subsection shall not apply to the importation of any article by a person for his or her private and domestic use.

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    (4)   The owner of the copyright in a literary or musical work, film or sound recording who gives notice to the Comptroller under this section shall comply with such conditions with respect to—

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      (a)     the form of the notice,

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      (b)     the furnishing of evidence,

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      (c)     the payment of fees,

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      (d)     the giving of security, and

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      (e)     any other incidental or supplementary matters, as may be prescribed.

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    (5)   Despite anything in the Customs (Control and Management) Act a person is not liable to any penalty under that Act (other than forfeiture of the goods) by reason that any goods are treated as prohibited goods by virtue of this section.

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