Revised Laws of Saint Lucia (2021)

200.   Regulations

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    (1)   The Minister may after consultation with the Registrar, make regulations—

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      (a)     prescribing matters required or permitted by this Act to be prescribed;

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      (b)     prescribing matters necessary or convenient to be prescribed for carrying out or giving effect to this Act;

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      (c)     prescribing matters necessary or convenient to be prescribed for the conduct of any business relating to the Registry of Companies and Intellectual Property or a sub-office of the Registry of Companies and Intellectual Property.

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    (2)   Without limiting the generality of subsection (1), the regulations may—

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      (a)     provide for appeals against decisions of the Registrar made wider the regulations;

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      (b)     require persons to make statutory declarations in support of any application, notice or request filed under this Act;

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      (c)     provide for the making of a declaration, or the doing of an act, under this Act on behalf of a person who, because of infancy or physical or mental disability, is unable to make the declaration or do the act;

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      (d)     provide for the refund, in specific circumstances, of the whole or part of a fee paid under this Act;

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      (e)     provide for the remission of, or the exemption of specified classes of persons from the payment of, the whole or part of a fee;

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      (f)     provide for the expenses and allowances to be paid to witnesses or persons attending at proceedings before the Registrar;

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      (g)     give power to the Registrar—

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        (i)     to require, in specified circumstances, a person applying under Part 9 for a trade mark to be removed from the Register to give security for any costs that may arise from the proceedings,

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        (ii)     not to proceed with the application if security is not given,

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        (iii)     to refund to the applicant any amount given as security and not applied in settling costs awarded against the applicant;

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      (h)     provide for the destruction of documents relating to a trade mark at least 10 years after the registration of the trade mark has ceased;

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      (i)     prescribe as penalties for offences against the regulations fines not exceeding $250;

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      (j)     make transitional or consequential provision as necessary or convenient because of the repeal of the repealed Acts and the enactment of this Act.