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5.   Right to registration and naming of creator

Revised Laws of Saint Lucia (2021)

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5.   Right to registration and naming of creator

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    (1)   The right to registration of an industrial design shall belong to the creator.

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    (2)   If 2 or more persons have jointly created an industrial design, the right to registration of that industrial design shall belong to them jointly.

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    (3)   If and to the extent that 2 or more persons have created the same industrial design independently of each other, the person whose application has the earliest filing date or, if priority is claimed, the earliest validly claimed priority date, shall have the right to register the industrial design, as long as the said application is not withdrawn, abandoned or rejected.

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    (4)   The right to an industrial design may be assigned, or may be transferred by succession.

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    (5)   Where an industrial design is created in execution of an employment contract, the right to registration of the industrial design shall belong, in the absence of contractual provision to the contrary, to the employer.

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    (6)   The creator shall be named as such in the registration of the industrial design, unless in a special written declaration signed by him or her and addressed to the Registrar he or she indicated that he or she wishes not to be named.

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    (7)   A promise or undertaking by the creator made to any person to the effect that he will make a declaration referred to in subsection (6) shall be without legal effect.

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