Geographical Indications

– Geographical Indications Act No. 4 of 2000, in force since May 1, 2003, as amended on December 31, 2015.
– Geographical Indications Regulations No. 54 of 2003, in force since May 1, 2003.

Filing

Applicant: (a) persons carrying on an activity as a producer in the geographical area specified in the application, with respect to the goods specified in the application, as well as a group of such persons; (b) a group of consumers; (c) and any authority competent to represent persons under (a) above.

Non-resident applicant: where an applicant’s ordinary residence or principal place of business is outside of Saint Lucia he or she shall be represented by an attorney-at-law resident and practicing in Saint Lucia.

Types of indications protected: an indication which identifies a good as originating in the territory of a country or a region or locality in this territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origins.

Filing Office: Registry of Intellectual Property in Saint Lucia.

Filing requirements for an application (to be sent to resident agent):
1. Name, address and nationality of the natural person or legal entity filing the application, and the capacity in which the applicant is applying for registration;
2. The geographical indication for which registration is sought;
3. The geographical areas to which the geographical indication applies;
4. The goods for which the geographical indication applies;
5. The quality, reputation or other characteristic of the goods for which the geographical indication is used.

Examination and Protection

Examination: formal examination to ensure compliance with the Act.

Opposition: period to be prescribed by the Regulations.

Granting: the Registrar enters the geographical indication in the Register, publishes a reference to the registration and issues a certificate of registration.

Right to use: only producers carrying on their activity in the geographical area specified in the Register shall have the right to use in the course of a trade a registered geographical indication, with respect to the products specified in the Register, provided that the product possesses the quality, reputation or other characteristic specified in the Register.

Cancellation: on application to the court by any interested person or competent authority.

Special provisions concerning marks: (a) for misleading marks, the Registrar shall, on his or her own motion or at the request of an interested party, refuse or invalidate the registration of a trademark which contains or consists of a geographical indication with respect to goods not originating in the territory indicated; (b) for marks conflicting with a geographical indication for wines and spirits -the registration of a trademark for wines which contains or consists of a geographical indication identifying wines or of a trademark for spirits which consists of a geographical indication identifying spirits shall be refused or invalidated by the Registrar on his own motion or at the request of an interested party, with respect to such wines or spirits not having this origin.