The Industrial Designs Bill of 2025

This Bill, the Industrial Designs Act, 2025, establishes a comprehensive system for the protection and registration of industrial designs within Saint Christopher and Nevis. It outlines the criteria for protection, the application process, the rights conferred upon registered design holders, enforcement mechanisms, and the administration of the system by the Intellectual Property Office. Furthermore, it integrates Saint Christopher and Nevis into the international framework of industrial design protection by referencing relevant international agreements, particularly the Hague Agreement. Finally, the Act repeals the existing United Kingdom Designs (Protection) Act, signifying a move towards an independent and modernized intellectual property regime.

The Act distinguishes between registered and unregistered designs, providing different levels of protection. Registered designs, acquired through national or Hague applications, offer broader protection and are subject to a more formalized process. Unregistered designs receive more limited protection, primarily against copying, and subsist for a shorter period. Both types of designs, however, must meet the fundamental requirements of novelty and individual character, meaning they must not have been previously disclosed to the public and must create a distinct overall impression on an informed user. Specific provisions address the complexities of designs applied to component parts of complex products and modular systems.

The registration process for national applications involves submitting a prescribed form containing specific information and representations of the design. The Act details the requirements for claiming priority based on earlier applications filed in other jurisdictions, as well as exhibition priority for designs first disclosed at international exhibitions. The examination process, conducted by the Registrar, verifies compliance with the Act’s provisions and screens for exclusions from protection. Upon successful examination, the design is registered, published, and a certificate of registration is issued. The Act also allows for the deferment of publication for a specified period, providing confidentiality during the initial stages of design commercialization.

The Act grants registered design holders the exclusive right to prevent unauthorized use of their designs for commercial purposes. This includes manufacturing, offering, selling, importing, stocking, and using products incorporating the protected design. Unregistered design holders have a more limited right, primarily against copying. The Act acknowledges limitations to these rights, such as acts done privately, for experimental purposes, or for teaching, and incorporates the principle of exhaustion of rights, meaning the rights are extinguished once a product bearing the design is placed on the market with the holder’s consent. The relationship with copyright law is also clarified, ensuring that designs may benefit from both copyright and design protection.

Enforcement mechanisms are established to address design infringements. The Court has the power to grant injunctions, order the recall or destruction of infringing goods, award damages, and order the publication of judicial decisions. The Act provides for provisional and precautionary measures, including the seizure of assets, to safeguard the right holder’s interests. The right to information is also granted, allowing the Court to compel disclosure of information about the origin and distribution of infringing goods. The Act aims to provide effective remedies to deter infringement and compensate right holders.

The Act incorporates the provisions of the Hague Agreement, streamlining the international registration process for designs. International registrations designating Saint Christopher and Nevis are treated akin to national applications, subject to examination and potential refusal based on the same criteria. The Intellectual Property Office is responsible for communicating any refusal to the International Bureau. Invalidation of international registrations can be pursued through the Court system. This integration into the Hague system facilitates broader protection for designs originating in Saint Christopher and Nevis and simplifies access to protection for designs from other Hague member countries.

The Intellectual Property Office, overseen by the Minister, is designated as the administrative body responsible for implementing the Act. The Office maintains the Register of Industrial Designs, publishes information related to designs, and handles all procedural matters related to registration and administration. The Act empowers the Minister to issue regulations and practice directions to provide detailed guidance on the Act’s implementation. The repeal of the existing UK Designs (Protection) Act underscores the establishment of an independent and comprehensive framework for industrial design protection in Saint Christopher and Nevis, reflecting the nation’s commitment to intellectual property rights.