Revised Laws of Saint Lucia (2022)

9.   Rights conferred by registration

  1.  

    (1)   The exploitation of a registered industrial design in Saint Lucia by persons other than the registered owner shall require the agreement of the latter.

  1.  

    (2)   For the purposes of this Act, “exploitation” of a registered industrial design means the making, selling, importing or otherwise distributing, for commercial purposes, articles bearing or embodying a design which is a copy, or substantially a copy, of the industrial design.

  1.  

    (3)   The rights conferred by registration shall not extend to acts in respect of articles which have been put on the market in Saint Lucia by the registered owner or with his or her consent.

  1.  

    (4)   The owner of a registered industrial design shall, in addition to any other rights remedies or actions available to him or her, have the right to institute court proceedings against any person who infringes the registration of the industrial design by performing without his or her agreement, any of the acts referred to in subsection (2) or who performs acts which make it likely that infringement will occur.