STATUTORY INSTRUMENT, 2003, No. 54
[ 16th June, 2003 ]
In exercise of the powers conferred by section 20 of theGeographical Indications Act, No. 4 of 2000 the Minister responsible forintellectual property makes the following Regulations —
Citation
1. These Regulations may be cited as the Geographical IndicationsRegulations 2003.
Interpretation
2. In these Regulations — “Act” means the Geographical Indications Act No 4 of 2000;
“International Classification” means the International Classification of Goods and Services for the Purposes of the Registration ofMarks (Nice Classification);
“office” means The Registry of Companies and Intellectual Property;
“section” means the specified section of the Act.
Fees
3. The fees to be paid in respect of matters arising under the Actand these Regulations shall be those set out in the First Schedule.
Forms
Applications - language of
(2) Any document forming part of an application submitted to the Registrar pursuant to the Act or these Regulations which is in a language other than English shall be accompanied by an English translation verified by the translator that the translation is, to the best of his or her knowledge complete and faithful.
Indication of name, address, nationality
6.— (1) Names of natural persons shall be indicated by the person’s family name and given name or names, the family name being indicated before the given names, and the names of legal entities shall be indicated by their full, official designation.
Signature by Partnerships, Companies and Associations
7.— (1) A document purporting to be signed for or on behalf of a partnership shall contain the names of all the partners in full and shall be signed by all the partners or by any partner qualified to sign, stating that he or she signs on behalf of the partnership, or by any other person who satisfies the Registrar that he or she is authorised to sign the document.
Authorisation of agent
8.— (1) The appointment of an attorney-at-law shall be by an authorisation of agent as set out in Form 1 of the Second Schedule and shall be signed by the applicant or, if there are more than one, each applicant.
(2) The authorisation of agent may be filed together with the application or within two months from its filing date and if the appointment is not made in accordance with section 4 (2) and sub-regulation (1), any procedural steps taken by the agent, other than the filing of the application, shall be deemed not to have been taken.
Applications - paper requirements
9.— (1) All applications, notices, statements, and papers having representations affixed, or other documents authorised or required by the Act or these Regulations to be made, must be on strong, durable white paper and except in the case of the declarations and the affidavits, must be written on one side of the paper only.
Application for registration of geographical indication
10.— (1) The application for the registration of a geographicalindication shall be made in the form set out in Form 2 of the Second Schedule and shall be signed by each applicant or authorised agent.
(2) The application shall indicate each applicant’s name, address, nationality and residence.
Withdrawal of application
(2) The application fee shall not be refunded if the application is withdrawn.
Marking application
12.— (1) Upon receipt, the Registrar shall mark on each document making up the application the actual date of receipt and the application number.
Objection to conditional acceptance of application
13.— (1) If, upon examination in accordance with section 5 (1) the Registrar objects to the application for registration of a geographical indication, he or she shall notify the applicant in writing of his or her objection with all relevant details and invite the applicant to amend the application, to submit his or her observations in writing or to apply for a hearing within two months from the date of the notification and if the applicant does not comply with the invitation within the set period, he or she shall be deemed to have withdrawn his or her application.
Refusal of application or conditional acceptance to which applicant objects
14.— (1) If, after a hearing or after consideration of the applicant’s amendments or observations in writing, the Registrar refuses the application or accepts it subject to any amendments, modifications, conditions or limitations to which the applicant objects, the Registrar shall communicate his or her decision to the applicant in writing.
(2) The applicant may, within one month from the date of such communication, and upon payment of the prescribed fee, request the Registrar to state in writing the grounds of the Registrar’s decision and the material used by the Registrar in arriving at the decision.
Acceptance of application
15.— (1) If the Registrar accepts the application unconditionally or accepts it subject to any limitations to which the applicant does not object, the Registrar shall so notify the applicant, requesting the applicant to pay the publication fee within one month from the date of the notification.
Opposition
16.— (1) The notice of opposition under section 5 (2) shall be given within three months of the date of the publication referred to in sub-regulation 15 (2), in Form 3 of the Second Schedule, together with payment of the prescribed fee and accompanied by supporting evidence, if any.
Issuance of certificate
17.— (1) Subject to the payment of the registration fee within the period prescribed in regulation 16 (5) the Registrar shall register the geographical indication in accordance with section 5 (5) of the Act and this regulation.
Publication of request for cancellation or rectification
the person or authority and of the representative or agent, if any; and
(c) specify the period within which the persons having the right to use the geographical indication under section 6 may apply to join in the proceedings.
Publication
19. Particulars of geographical indications and other proceedings under the Act and any other information required to be published under the Act or these Regulations shall be published, in accordance with the direction of the Registrar, in at least one publication of the Gazette or in any other manner which the Registrar deems fit.
Refusal or invalidation of registration of misleading marks
20.— (1) The request, under section 17 of the Act, to refuse or to invalidate the registration of a misleading mark shall be made in Form 5 of the Second Schedule and shall be subject to the payment of the prescribed fee and the procedure set out in regulation 16 shall apply mutatis mutandis.
Refusal or invalidation of registration
21.— (1) The request, under section 18 of the Act, to refuse or to invalidate the registration of a mark which conflicts with a geographical indication for wines and spirits shall be made in Form 6 of the Second Schedule and shall be subject to the payment of a prescribed fee and the procedure set out in regulation 16 shall apply mutatis mutandis.
Publication of invalidation of registration of mark
(2) The publication of the reference to the invalidation of the registration of the mark pursuant to sections17 or 18 shall include —
Address for service
and the address so furnished or , where another address being an address in Saint Lucia has been furnished in place thereof, that address shall be treated for the purpose of that application or those proceedings, as the address of that applicant or, as the case may be, of that person.
(2) Where an agent has been appointed in accordance with section 4 (2) and regulation 8, the address of the agent shall, for all purposes connected with the Act and these Regulations, be treated as the address to which communications to the person or persons who appointed the agent shall be transmitted.
Excluded days
24. When the last day of doing any act or taking any proceedingfalls on a day when the office is not open to the public for business, itshall be lawful to do the act or to take the proceeding on the day whenthe office is next open for business.
Search of Register, files; request for extracts there from and for copies of documents
25. A search of the Register or files shall be subject to payment of the prescribed fee and requests for certified copies of extracts from the Register or for copies of documents shall be made to the Registrar in a manner authorised by the Registrar and shall be subject to payment of the prescribed fee.
Entry of changes in the Register
26.— (1) The Registrar shall cause to be entered in the Register in respect of every geographical indication in addition to the information indicated in regulation 17 (2), any change, with respect to such information in particular in the name, or address, or address for service indicated therein.
Correction of errors
27. Correction of errors, referred to in section 9 (1), may be made by the Registrar either upon receipt of a request in writing and subject to such terms as the Registrar may consider appropriate and any correction shall be communicated in writing to all interested persons and where considered necessary shall be published by the Registrar.
Extension of time
28. The request for an extension of time, referred to in section 9 (2), shall be subject to the payment of the prescribed fee.
Hearing
29.— (1) Before exercising, adversely to any person, any discretionary power given to the Registrar by the Act or these Regulations, the Registrar shall notify such person, in writing, of the opportunity to be heard, and indicate a time limit, which shall not be less than one month, for filing a request for a hearing.
Service by mail
30. Any notice, application or other document sent to the Registrarby mail shall be deemed to have been given, made or filed at the timewhen it would be delivered in the ordinary course of the mail and inproving such sending, it shall be sufficient to prove that the letter containingsuch notice, application or other document was properly addressed andsent by registered mail.
Directions as to furnishing of documents
31. At any stage of any proceedings before the Registrar he or shemay direct that such documents, information or evidence as he or shemay require be furnished within such period of time as he or she may fix.
Correction of irregularities
32. Any irregularity in any procedure before the Registrar may be rectified on such terms as he or she may direct.
Dispensation by the Registrar
33. Where, under these Regulations, any person is to do any act orthing or any document or evidence is required to be produced or filed andit is shown to the satisfaction of the Registrar —
(a) that for any reasonable cause that person is unable to do thatact or thing; or
(b) that the document or evidence cannot be produced or filed; the Registrar may, upon the production of such evidence and subject to
such terms as he or she thinks fit, dispense with the doing of any such actor thing, or the production or filing of such document or evidence.
Hours of business
34. The Registry of Companies and Intellectual Property shall beopen to the public from Monday to Thursday inclusive each week, between the hours of 9:00 a.m. and 2:00 p.m. and on Fridays between the hours of
9:00 a.m. and 3:00 p.m. or such other time as the Companies & IntellectualProperty (Registry) Act No. 12 of 2000, provides.
Evidence
(2) The Registrar may, if he or she thinks fit in any particular case, take oral evidence in lieu of or in addition to such evidence and shall allow any witness to be cross examined on his or her affidavit or declaration.
Statutory declarations and affidavits
36.— (1) Any statutory declaration or affidavit filed under the Act or these Regulations shall be made before any officer authorised by law in any part of Saint Lucia to administer an oath for the purpose of any legal proceedings.
(2) Statutory declarations or affidavits made outside Saint Lucia shall be made before a Consul or Notary Public.
General
37. The Registrar may acknowledge inquiries made to the office, but the Registrar need not furnish any applicant or other person with information that would require a search of the public records of the office, or provide advice on matters concerning the interpretation of the Act or Regulations or concerning other questions of law.
402 | Geographical Indications Regulations | |
---|---|---|
FIRST SCHEDULE FEES | ||
MATTER | AMOUNT |
SECOND SCHEDULE
FORMS
(Regulation 8 (1))
FORM 1
AUTHORISATION OF AGENT
(Geographical Indications Act 2000)
I/We* __________________________________ hereby appoint the following attorney-at-law as my/our agent in respect of an application for a Geographical Indication entitled +________________________________, and empower the appointed agent to sign and amend the application, to prosecute it, to receive the registration certificate, and to cancel or rectify the registration, and ratify any act done by the agent in respect of the application or subsequent registration.
This authorisation revokes all previous authorisations.
Name of agent:
Address for Service
Mailing address
Tel Number
Fax Number
E-mail address
Dated this day of 20 .
Signature: + + ___________________________________________ (Please print name of Signatory)
*Fill in full name and address of applicant
+ Insert title/name of Geographical Indication ++ To be signed by applicant and bear seal of company or partnership if appropriate
FORM 2
(Regulation 10 (1))
APPLICATION FOR REGISTRATION OF GEOGRAPHICAL INDICATION (Geographical Indications Act 2000)
Application #:
The Applicant(s) request(s) the registration of a geographical indication in respect of the following particulars:
1. Applicant (s) (Additional information is contained on supplemental page)1
Name: Address Mailing Address Nationality/
Principal place Residence of business
Telephone #
Fax #
Capacity in which application is being used:
2. Authorisation of agent is
attached will be filed within two months from the filing of this form
3. Geographical Indication
The geographical indication for which registration is sought is the following:
Indicate the numbers contained on the supplemental pages in Roman numerals (e.g. I Applicants)
4. Geographical area
The following is the demarcation of the territory of the country, or region, or locality in that territory, to which the geographical indication applies, and from which the goods for which the geographical indication is used originate:
Additional information, possible in graphic form, maps, etc.
Accompanies this Form
Is contained on a supplemental page
The quality, reputation or other characteristics of the goods for which the geographical indication is used, and any conditions under which the indication may be used are the following:
7. Signature (s) __________________ ______________
Applicants/Agent Date (Print name of Signatory)
TO BE FILLED IN BY THE REGISTRAR
FORM 3
(Regulation 16 (1))
NOTICE OF OPPOSITION (Geographical Indications Act 2000)
1. IN THE MATTER OF Application No __________ for Registration of Geographical Indication Filing Date of Application: Published in the Gazette dated the day of 20 inVol. No Page
Additional information is contained in the supplemental page Supporting evidence accompanies this form
1 If there is more than one person or competent authority, together, opposing the registration of the geographical indication, the data concerning each opponent must appear on a supplementary page if the space provided is not sufficient. Indicate the numbers continued on the supplementary page by their numerals and titles.
2 Where an Attorney-at-law has been appointed, the address for service of the Attorneyat-law shall be treated as the address to which communications shall be transmitted. (Regulation 2292))
4. AGENT The following agent has been appointed by the applicant(s) in the
Authorisation of agent Accompanying this form
Name:
Address: Tel #
Fax # E-mail
Signature (s) Opponents(s)/ Agent1
Type name(s) under signature and delete whichever does not apply. The typed names and signatures of all oppponents should appear (one below the other)
FORM 4
(Regulation 17)
SAINT LUCIA
CERTIFICATE OF REGISTRATION OF GEOGRAPHICAL INDICATION
(Geographical Indications Act 2000)
I Registrar of Companies and Intellectual Property in the State of Saint Lucia hereby certify in accordance with Section 5 (5) of the Geographical Indications 2000 Act and regulation 17 (4) that a geographical indication having the Registration No.
has been registered in the name(s) of:
Name (s):
Address(es):
on: ____________________in respect to a geographical indication (date) registered pursuant to an application filed on: _________________________ (date)
being a geographical indication used for:_____________________________ (goods) and which applies to:__________________________________ (geographical area)
A description of the quality, reputation or other characteristics of the goods for which the geographical indication is used and any conditions under which the indication may be used accompanies this certificate.
Dated:_______/___________________/_______
Registrar of Companies & Intellectual Property
FORM 5
(Regulation 20)
REQUESTTO REFUSE OR INVALIDATE REGISTRATION OF MISLEADING MARK - SECTION 17 OFTHEACT
(Geographical Indications Act 2000: Section 17 (4))
1. IN THE MATTER OF:
Application for Registration/Registration No* Filing/Registration* of Mark: Date: Application/Registration * Published in the Official Gazette
(Vol.) (No.) (Page) (Date)
2. APPLICANT (S)+ Name (s):
Address (es): Additional information is contained on the supplemental page Address for service in Saint Lucia:
3. GROUNDS FOR REQUEST
The grounds for request to refuse or invalidate the registration of the above identified mark are as follows: Additional information is contained on the supplemental page Supporting evidence accompanies this form
*
Delete whichever does not apply
+
If there is more than one person or competent authority, together, opposing the registration of the geographical indication, the date concering each opponent must appear at number 2. If the space provided is not sufficient on the supplementary page. Indicate the numbers continued on the supplemental page by their numerals and title.
4. AGENT The following Attorney-at-law has been appointed by the applicant in the Authorisation of Agent:
Accompanying this Form Name
Address Tel#
Fax # E-mail
5. NAME AND SIGNATURES
(Signature) Applicant/Agent* Date
*
Type the name(s) under signature and delete whichever does not apply
FORM 6
(Regulation 21(1))
REQUESTTO REFUSE OR INVALIDATE REGISTRATION OFA MARK CONFLICTINGWITH A GEOGRAPHICAL INDICATION FOR WINES AND SPIRITS
(Geographical Indications Act 2000: Section 18)
1. IN THE MATTER OF:
Application for Registration/Registration No* Filing/Registration* of Mark: Date:
Application/Registration * Published in the Official Gazette
(Vol.) (No.) (Page) (Date)
The grounds for request to refuse or invalidate the registration of the above-identified mark are as follows:
Additional information is contained on the supplemental page Supporting evidence accompanies this form
*
Delete whichever does not apply
+
If there is more than one person or competent authority, together, opposing the registration of the geographical indication, the date concering each opponent must appear at number 2. If the space provided is not sufficient on the supplementary page. Indicate the numbers continued on the supplemental page by their numerals and title.
4. AGENT The following Attorney-at-law has been appointed by the applicant in the
Authorisation of Agent: Accompanying this Form
Name: | |||
---|---|---|---|
Address: | |||
Tel# | Fax # | ||
5. | NAME AND SIGNATURES | ||
_________________________ (Signature) | ________________________ Applicant/Agent* |
Made this 4th day of June, 2003.
PETRUS COMPTON,
Attorney General.
*
Type the name(s) under signature and delete whichever does not apply
SAINT LUCIA PRINTED BY THE NATIONAL PRINTING CORPORATION CASTRIES
2003 [ Price : $18.00 ]