St. Helena
Classification
The International Classification of Goods is applied, but there is currently no provision for services. A single application may cover more than one class.
Convention priority
Priority cannot be claimed.
Examination/procedure
There is no examination procedure. When applications are lodged, the details of the UK registration are entered into the St Helena register, and a certificate of registration is issued.
Opposition
There is no provision for opposition.
Duration and renewal
St. Helena is an overseas territory of the Unitek Kingdom. A trade mark registration is effective from the date of registration in the UK, and continues for the duration of the UK registration (i.e. 10 years). The registration in St. Helena must be renewed within six months after the renewal of the UK registration, by giving notice to the Registrar in the prescribed form and paying the prescribed fee.
Patent protection
Patent protection in St Helena is obtainable only by confirmation of a United Kingdom patent. Although this is not expressly referred to in the Ordinance, a granted European patent in which the UK was designated, and which was validated in the UK would theoretically also qualify as a UK patent.
Patentable subject matter
No provision.
Novelty
Granted UK patents must be confirmed in St Helena within three years of the date of grant thereof.
Examination/procedure
There is no examination procedure in St Helena.
Duration and maintenance
The patent has the same duration as the granted UK patent and will remain in force while the UK patent is maintained. No maintenance fees payable directly in St Helena.
Law
Copyright Order no 1038 of 1963
St Helena is not a member of the Berne Convention.
Note: Reliable and up-to-date information on the copyright laws and their application in individual countries on the African Continent and surrounding islands is not always generally available. The commentary given below is based on the information available at the time of writing.
Copyright protection
The Copyright Order of 1963 provides that certain provisions of the UK Copyright Act, 1956 shall extend to St Helena. The provisions so extended include most substantive protection provisions.
The Order further provides that the UK Orders on international conventions shall extend to St Helena, subject to certain modifications.
The effect of these provisions appears to be that the protection of copyright works as provided in the UK, is extended to copyright works in St Helena, and furthermore, that the reciprocal recognition of copyright in terms of the Berne Convention also applies in St Helena.
Design Protection
A United Kingdom design registration extends automatically to St Helena. There is no provision for registration in St Helena.
Duration and maintenance
The protection in St Helena endures as long as the UK design registration remains in force.
Currently, no legislative provision for plant breeders’ rights or other sui generis protection for plants is available in St Helena.
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