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707.   International and inter-colonial arrangements

Revised Laws of Saint Lucia (2021)

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PART 4
GENERAL

CHAPTER 1
INTERNATIONAL AND INTERCOLONIAL ARRANGEMENTS

707.   International and inter-colonial arrangements

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    (1)   If Her Majesty is pleased, by Order in Council, to apply the provisions of section 91 of the Patents and Designs Act, 1907, to Saint Lucia, then any person who has applied for protection for any invention, design, or trade mark in the United Kingdom or in any foreign state with which Her Majesty has made arrangements under the said section, or his or her legal representative or assignee, shall be entitled to a patent for his or her invention or to registration of his or her design or trade mark hereunder in priority to other applicants; and the patent or registration shall have the same date as the date of the application in the United Kingdom or such foreign state.

Provided that—

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    (a)      the application is made, in the case of a patent within 12 months, and in the case of a design or trade mark within 4 months from the application for protection in the United Kingdom or in such foreign state; and

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    (b)      nothing in this article shall entitle the patentee or proprietor of the design or trade mark to recover damages for infringements happening prior to the actual date on which his or her complete specification is accepted, or his or her design or trade mark is registered, in Saint Lucia.

(2)   The patent granted for the invention or the registration of a design or trade mark shall not be invalidated—

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    (a)      in the case of a patent, by reason only of the publication of a description of, or use of, the invention; or

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    (b)      in the case of a design, by reason only of the exhibition or use of, or the publication of a description or representation of, the design; or

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    (c)     in the case of a trade mark, by reason only of the use of the trade mark,

in Saint Lucia during the period specified as that within which the application may be made.

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    (3)   The application for the grant of a patent, or the registration of a design, or the registration of a trade mark under this article, must be made in the same manner as an ordinary application under this Title:

Provided that—

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    (a)      in the case of patents, the application shall be accompanied by a complete specification, which, if it is not accepted within the period of 12 months, shall with the drawings (if any) be open to public inspection at the expiration of that period; and

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    (b)      in the case of trade marks, any trade mark the registration of which has been duly applied for in the country of origin may be registered under Part 3 of this Title.

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    (4)   The provisions of this article shall apply only in the case of those foreign States with respect to which Her Majesty by Order in Council declares them to be applicable, and so long only in the case of each State as the Order in Council continues in force with respect to that State.

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    (5)   Where it is made to appear to the Cabinet that the legislature of any British possession has made satisfactory provision for the protection of inventions., designs, and trade marks, patented or registered in Saint Lucia, the Cabinet may apply the provisions of this article to that possession, with such variations or additions, if any, as may seem fit.

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