Revised Laws of Saint Lucia (2021)

663A.   Protection of designs registered in United Kingdom

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    (1)   Subject to the provisions of this article, the registered proprietor of any design registered in the United Kingdom under the Patents Designs Acts 1907 to 1932 or any Act amending or substituted for those Acts shall enjoy in Saint Lucia the like privileges and rights as though the Certificate of Registration in the United Kingdom had been issued with an extension to Saint Lucia.

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    (2)   The registered proprietor of a design shall not be entitled to recover any damages in respect of any infringement of copyright in a design from any defendant who proves that at the date of the infringement he or she was not aware nor had any reasonable means of making himself or herself aware of the existence of the registration of the design:

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    Provided that nothing in this article shall affect any proceedings for an injunction.

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    (3)   The Court shall have power upon the application of any person who alleges that his or her interests have been prejudicially affected to declare upon any of the grounds upon which the United Kingdom registration might be cancelled under the law for the time being in force in the United Kingdom that exclusive privileges and rights in a design have not been acquired in Saint Lucia under the provisions of this article.

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    Such grounds shall be deemed to include the publication of the design in Saint Lucia prior to the date of registration of the design in the United Kingdom.