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2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

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29. Hearing

(1) Before exercising, adversely to any person, any discretionary power given to the Registrar by the Act or these Regulations, the Registrar shall notify such person, in writing, of the opportunity to be heard, and indicate a time limit, which shall not be less than one month, for filing a request for a hearing.

(2) The request for a hearing shall be in writing and shall be subject to payment of the prescribed fee.

(3) Upon receiving such request, the Registrar shall give the person applying, and any other interested persons at least one month's notice, in writing, of the date and time of the hearing.

(4) After hearing the party or parties desiring to be heard, the Registrar shall decide the matter and shall notify all parties of his or her decision and if any party so desires shall give reasons for the decision.

2. Interpretation

3. Application for Registration and Contents of Application

4. Rights to File application and representation

5. Examination, opposition and registration

6. Right to use

7. Cancellation and rectification of registration and publication

8. Register and publication

9. Correction of errors and extension of time

10. Exercise of discretionary powers

11. Competence of Court and appeals

12. Civil proceedings

13. Availability of protection regardless of registration and presumption

14. Homonymous geographical indications for wines

15. Exclusion from protection

16. Offences and penalties

17. Misleading marks

18. Marks conflicting with a geographical indication for wines and spirits

19. Exceptions regarding prior users

20. Regulations

PART 1 PRELIMINARY

2. Interpretation

PART 2 REGISTRATION OF GEOGRAPHICAL INDICATIONS

3. Application for Registration and Contents of Application

4. Rights to File application and representation

5. Examination, opposition and registration

6. Right to use

7. Cancellation and rectification of registration and publication

8. Register and publication

9. Correction of errors and extension of time

10. Exercise of discretionary powers

11. Competence of Court and appeals

PART 3 PROTECTION OF GEOGRAPHICAL INDICATIONS

12. Civil proceedings

13. Availability of protection regardless of registration and presumption

14. Homonymous geographical indications for wines

15. Exclusion from protection

16. Offences and penalties

PART 4 SPECIAL PROVISIONS CONCERNING MARKS; EXCEPTIONS

17. Misleading marks

18. Marks conflicting with a geographical indication for wines and spirits

19. Exceptions regarding prior users

PART 5 REGULATIONS

20. Regulations

SUBSIDIARY LEGISLATION

Geographical Indications Regulations – Section 20 (Statutory Instruments 54/2003 and 144/2020)

2. Interpretation

5. Applications – language of

6. Indication of name, address, nationality

7. Signature by Partnerships, Companies and Associations

8. Authorisation of agent

9. Applications – paper requirements

10. Application for registration of geographical indication

11. Withdrawal of application

12. Marking application

13. Objection to conditional acceptance of application

14. Refusal of application or conditional acceptance to which applicant objects

15. Acceptance of application

17. Issuance of certificate

18. Publication of request for cancellation or rectification

19. Publication

20. Refusal or invalidation of registration of misleading marks

21. Refusal or invalidation of registration

22. Publication of invalidation of registration of mark

23. Address for service

24. Excluded days

25. Search of Register, files; request for extracts there from and for copies of documents

26. Entry of changes in the Register

27. Correction of errors

28. Extension of time

30. Service by mail

31. Directions as to furnishing of documents

32. Correction of irregularities

33. Dispensation by the Registrar

34. (Revoked by S.I. 144/2020)

36. Statutory declarations and affidavits