If you own intellectual property, you are responsible for monitoring the way it is used and protecting it against infringement. Depending on the nature of the intellectual property right you own, and the nature of the alleged infringement, various enforcement agencies in Antigua and Barbuda may be able to assist. Before contacting any of these agencies, it’s recommended that you consult with a legal professional specialising in intellectual property.
Intellectual Property Enforcement
Legislative Framework
A number of laws provide civil and/or criminal enforcement procedures for owners of intellectual property rights in Antigua and Barbuda. They include the:
Merchandise Mark Act 1887
Copyright Act 2003
Industrial Designs Act 2003
Geographical Indications 2003
Integrated Circuits Topography Act 2003
Patents Act 2003
Trade Marks Act 2003
Civil Enforcement
The intellectual property laws have provisions that impose civil liability for activities that infringe an intellectual property right. Civil liability means potential responsibility for payment of damages or other court enforcement in a lawsuit.
The owners of intellectual property rights (and in some circumstances their licensees) can take court action in response to alleged infringing activity.
The courts have a wide range of civil remedies available to them to compensate wronged owners. These include:
- injunctions
- orders for the infringer to pay either damages or account of profits
- orders to hand over infringing goods to right holders (called “delivery up”).
What is a Copyright Tribunal?
Antigua and Barbuda has established a Copyright Tribunal that exclusively hears matters involving copyright royalties. (Section 103 (1) of the Copyright Act 2003)
The functions of the Tribunal includes:
- to hear and determine –
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- any matter referred to any provision relating to a licensing scheme or licence;
- an application to settle the royalty or other sum payable for rental of a sound recording, film or computer programme;
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- to keep under review the prescribed rate of royalty payable to a performer in connection with an adaptation of an original recording of his performance; and
- to make recommendations to the Minister on the rate of royalties or other payments payable in respect of the use or presentation in such national cultural events as he may by order designate any works or performance in which copyright or other rights subsist.
The Tribunal may from time to time on its own initiative and shall, on a request made in writing by the Minister, enquire into the appropriateness of such rate and make such recommendations to the Minister with respect thereto as it thinks fit.
Criminal offences and penalties
The Copyright Act 2003, the Trade Marks Act 2003, Industrial Designs Act 2003, Geographical Indications Act 2003, Integrated Circuits Topography Act 2003, and Patents Act 2003 also contain a range of criminal offences. A person convicted for such activity may be:
- Fined up to $5,000 or imprisoned for up to two years – Copyright Act 2003
- Fined up to $100,000 or imprisoned for a term of five years, or to both – Trade Marks Act 2003
- Fined up to $50, 000 or imprisoned for up to three years – Industrial Designs Act 2003
- Fined up to $50, 000 or imprisoned for up to three years – Geographical Indications Act 2003
- Fined up to $10,000 or imprisoned for up to five years – Integrated Circuits Topography Act 2003
- Fined up to $100,000 or imprisoned for up to three years – Patents Act 2003
Border Control Measures
The enforcement measures allow trade mark and copyright owners to ask the Antigua and Barbuda Customs and Excise Division to detain suspected pirated and counterfeit goods at the border that are either being imported or are being trans-shipped through Antigua and Barbuda. Detaining the goods lets the trade mark or copyright owners start court action for trade mark or copyright infringement.
However, border enforcement measures don’t apply to goods imported by a person for their private and domestic use.
Border Control Measures in reference to Copyright
Published literary dramatic or musical work
The owner of the copyright in any published literary dramatic or musical work may give notice in writing to the Comptroller of Customs –
- that he is the owner of the copyright in the work; and
- that he requests the Comptroller of Customs to treat as prohibited goods under the Customs Control and Management Act, No. 7 of 1993 during a period specified in the notice, printed copies of the work which are infringing copies. (Section 50 subsection 1 of the Copyright Act 2003.)
Sound recording or film
The owner of the copyright in a sound recording or film may give notice in writing to the Comptroller of Customs-
- that he is the owner of the copyright in the work;
- that infringing copies of the work are expected to arrive in Antigua and Barbuda at a time and a place specified in the notice; and (c) that he requests the Comptroller to treat the copies as prohibited goods under the Customs Control and Management Act.
Border Control Measures in reference to Trademarks
The owner of the trademark may give notice in writing to the Comptroller of Customs –
- that he is the owner of the registered trademark;
- that the infringing trademark goods, articles or materials are expected to arrive in Antigua and Barbuda at a time and a place specified in the notice; and
- that he requests the Comptroller of Customs to treat as prohibited goods under the Customs (Control and Management) Act, 1993 during a period specified in the notice, the infringing trademark goods, articles or materials. (Section 24 subsection 1 of the Trade Mark Act 2003.)
Enforcement agencies in Antigua and Barbuda
Antigua and Barbuda Customs and Excise Division
Contact Antigua and Barbuda Customs and Excise Division for copyright and trademark infringement and enforcing the criminal offenses for counterfeiting registered trademarks and copyright piracy at the border.
Address:
Customs and Excise Division Headquarters
Lower Church and Thames Street
St. John’s, Antigua
Comptroller of Custom: 462-0829
Comptroller’s Secretary: 562-7617
Deputy Comptroller: 462-2400
Deputy Comptroller: 562-7772
Deputy Comptroller: 462-1241
Email: customs@ab.gov.ag, antiguacustoms@gmail.com
Website: Customs and Excise Division Headquarters (https://customs.gov.ag/)
The Royal Police Force of Antigua and Barbuda
Contact the Royal Police Force of Antigua and Barbuda about the enforcement of criminal offenses for intellectual property.
Address:
The Royal Police Force of Antigua and Barbuda, Headquarters
American Road,
St John’s, Antigua.
Phone number: (268) 462-0125
Email: cop@ab.gov.ag