Trade Marks 2019 Comparisons

Last Updated March 01, 2019

Law and Practice

Authors



Floissac, Fleming & Associates Originally established in 1960, Floissac Fleming & Associates (FFA) is one of Saint Lucia’s oldest and most reputable civil practices, widely recognised by clients and peers for its excellence, solid legal experience and for maintaining the highest professional and ethical standards. The firm’s office is strategically located in the City of Castries, Saint Lucia, and boasts a complement of eight attorneys with diverse and specialised areas of practice. Floissac Fleming & Associates is a balanced full-service civil practice with a full range of capabilities that not only includes IP, but also real estate and conveyancing, banking and finance, civil and commercial litigation, employment and labour, wills and probate, and notarial services. FFA's IP practice is supported by the firm's robust litigation department. The firm is a member of the International Trademark Association and the Intellectual Property Caribbean Association.

In addition to the general trade mark for goods or services or both goods and services, Saint Lucia also considers the registration of collective marks, certification marks and defensive marks. No clear distinction is made in respect of service marks as they are considered trade marks associated with services and are registered in the same manner as trade marks for goods.

The rights in such trade marks are based on statutory law and are governed by the Trade Marks Act and Trade Marks Regulations of Saint Lucia, Cap 13.30 of the Revised Edition of the Laws of Saint Lucia (hereafter referred together as ‘the Act’).

While a trade mark must be registered in order to be protected, unregistered trade mark rights may be afforded protection under common law.

The registration requirements are standard as outlined at 1.7 Registration Requirements below, save and except for:

  • an application for the registration of a collective trade mark must be made by the association to which the mark belongs;
  • in relation to certification marks, in addition to the standard requirements for the registration of a standard trade mark, an applicant must also submit a copy of the rules governing the use of the certification mark. The rules must include provisions regarding the applicant’s approved certifiers who may be approved for the purpose of certifying goods or services or both; the cases in which goods or services are to be certified; the conditions under which an approved user is to be allowed to use the certification mark; the use of the certification mark by the owner, if he or she intends to use it, and any approved user; and the settlement of disputes arising from a refusal to certify goods or services or to allow the use of the certification mark; and
  • an applicant who is desirous of registering a defensive mark must also show that it is likely that the use of the mark in relation to the goods or services in respect of which its registration as a defensive mark is sought will be taken to indicate that there is a connection between those goods or services and the registered owner.

In Saint Lucia, the Registry of Companies and Intellectual Property (ROCIP) is statutorily charged with the responsibility for administering the registration of trade marks and keeping the Register of Trade Marks, which is publicly available.

No response provided.

Searches at the ROCIP are more commonly conducted to ascertain the status of existing/previous trade marks. That notwithstanding, searches are also conducted prior to registration to ascertain whether there are any similar trade marks already registered and whether there is likely to be any opposition to the registration of the trade mark.

To obtain registration of a trade mark, a formal application must be made to the ROCIP. The application must include:

  • the full name and address of the applicant;
  • an Authorisation of Agent, authorising an agent to act on the applicant’s behalf;
  • the full name and address of the agent;
  • an indication as to the type of trade-mark protection sought, ie, trade mark, collective trade mark, certification trade mark or defensive trade mark;
  • whether the applicant is using or intends to use the trade mark, has authorised or intends to authorise another person to use the trade mark or intends to assign the trade mark to a body corporate;
  • a representation of the trade mark;
  • whether the mark is a word mark;
  • a description of the mark where the mark is not a word mark;
  • the number of marks in the series where the application is for a series mark;
  • whether the application claims priority and, if so, the details of the priority claimed along with a certified copy of the application of which priority is claimed;
  • specification of the goods and services for which registration of the trade mark is sought based on the NICE classification and multi-class applications are allowed;
  • if colour is claimed, an indication of the colours claimed;
  • an indication of whether any limitations or disclaimers are claimed; and
  • if the trade mark or any part thereof or any documents intended to be used in relation to the registration of the mark is not in English, a certified translation of the non-English documents or characters is required.

A trade mark may be registered by a person inclusive of a body corporate or unincorporated body.

Signs that may be registered as a trade mark in Saint Lucia include letters, words, names, signatures, numerals, devices, brands, headings, labels, tickets, aspects of packaging, shapes, colours and any combination thereof.

No response provided.

An application must be accompanied by an Authorisation of Agent giving the agent the authority to act on the applicant’s behalf. The applicant must provide a representation of the trade mark and, where the mark is in a language other than English or contains characters not in English, a certified translation of the mark or non-English characters must accompany the application. Once the application is made, the ROCIP will examine the application and issue an examination report upon completion. If the examination report indicates that the trade mark is acceptable, the Registrar will publish a notice of application for registration of the trade mark in the Gazette and persons have three months from the date of publication in the Gazette to file an opposition to its registration. If no opposition is filed, the Certificate of Registration is issued approximately six weeks after the expiration of the opposition period.

There is no requirement to show use, use in commerce, or intention to use in commerce in order to apply for registration. What is required is that the applicant must state whether he or she is the owner of the mark and is using or intends to use the trade mark.

A person may make a single application for the registration of two or more trade marks in respect of similar goods or services within a single class if the trade marks resemble each other in material particulars and differ only in respect of:

  • statements or representations as to the goods or services in relation to which the trade marks are used or are intended to be used;
  • statements or representations as to number, price, quality or names of places;
  • the colour of any part of the trade mark; and/or
  • any matter that is not inherently adapted to distinguish the goods or services and does not substantially affect the identity of the trade marks.

The registration of a trade mark normally takes between six and eight months from application to the issuance of the Certificate of Registration.

An application for the registration of a trade mark may be rejected if:

  • the trade mark contains or consists of a sign that is prescribed not to be used as a trade mark;
  • the trade mark cannot be represented geographically;
  • the trade mark is not capable of distinguishing the applicant’s goods or services from the goods or services of other persons;
  • the trade mark is scandalous or its use is contrary to law;
  • the trade mark is likely to deceive or cause confusion; and/or
  • the trade mark is substantially identical with or deceptively similar to a trade mark registered in respect of similar goods or closely related services or a trade mark whose registration in respect of similar goods or closely related services is being sought by another person and the priority date for the registration of the applicant’s trade mark is not earlier than the priority date for the registration of the other trade mark in respect of the similar goods or closely related services.

If the application for registration was rejected on the basis of a clerical error or obvious mistake or related to the specification of goods and services, the applicant may make an application to amend or correct his or her application to satisfy the Registrar that his or her application meets the requirements of the Trade Marks Act. An applicant may also appeal to the High Court against any decision of the Registrar that leads to the subsequent rejection of an application.

In conducting the examination, the ROCIP will assess whether the application infringes any prior rights of a registered trade mark-owner. The ROCIP will assess whether the trade mark is identical to, or resembles, another trade mark so that it is likely to create confusion.

No response provided.

A written request may be made to amend the application for registration of a trade mark before its registration; however, the permissible amendments are dependent on the stage of the registration process.

If the notice of application for registration has not been published in the Gazette and the request for amendment is made within 14 days of the date of the application for registration of the trade mark, an amendment may be made to correct a clerical error or an obvious mistake.

If the notice of application for registration has been published, an amendment may be made to:

  • the representation of the trade mark if the amendment does not substantially affect the identity of the trade mark as at the time when the notice of the application was published;
  • correct a mistake of fact or an error in the classification of any goods or services specified in the application;
  • change the type of registration sought in the application; or
  • any particular specified in the application other than the type of registration sought, unless the amendment would have the effect of extending the rights that, apart from the amendment, the applicant would have under the registration if it were granted.

No response provided.

No response provided.

There is no requirement to show use, use in commerce, or intention to use in commerce in order to apply for registration. What is required is that the applicant must state whether he or she is the owner of the mark and is using or intends to use the trade mark.

A person who has made an application for the registration of a trade mark in respect of certain goods or services or both may make another application:

  • for the registration of a part only of the trade mark in respect of any or all those goods or services or both;
  • for the registration of the trade mark in respect of only some of the goods or services or both in respect of which registration is sought under the initial application; or
  • if the initial application has been amended to exclude some of the goods and services or both in respect of which registration was sought in the first place or the registration of the trade mark in respect of any or all of the goods or services or both that have been so excluded.

A divisional application may only be made if the initial application for the registration of the trade mark is pending.       

A registered trade mark is protected for a period of ten years from the filing date of the application for its registration. An application for renewal of the registration of a trade mark may be made at any time within the ten-year period. Where the registration of a trade mark lapses, the owner of the trade mark may still make an application for renewal within 12 months after its registration expires, failing which the Registrar will remove the trade mark from the register upon the expiry of 12 months after its registration lapses.

No response provided.

Saint Lucia does not participate in the Madrid System.

No response provided.

No response provided.

Markings are not mandatory in Saint Lucia and the Trade Marks Act does not prescribe words or symbols to be used to indicate trade-mark use or signify registration.

An application may be made to assign a registered trade mark or a trade mark whose registration is being sought. The application must be accompanied by written evidence of the assignment signed by both the assignor and assignee. A trade mark may be assigned with or without the goodwill of the business concerned in the relevant goods or services or both and there is no requirement for there to be consideration for the assignment. An assignment may be partial in that it may apply to some of the goods and services of the trade mark but not partial in relation to the use of the trade mark in a particular area.

The application for assignment is filed at the ROCIP together with the original or a certified copy of written evidence of the assignment and the Authorisation of Agent. The ROCIP will review the application and, if acceptable, it will make the amendments to the Register and publish notice of the recording of the assignment and the registration of the beneficiary as the owner of the trade mark in the Gazette.

The assignment of a trade mark must be registered at the ROCIP as the assignee will only have rights against third parties once registered. If the assignment is not recorded, the assignee will not be able to enforce his/her rights against third parties in relation to the trade mark.

A registered trade mark is personal property and a right in respect of a registered trade mark is enforceable in the same way as rights in respect of any other personal property.

Saint Lucia’s legislation does not expressly provide for the licensing of trade marks; however, licences would be considered as an interest in or a right, or both, in respect of a trade mark. Interests or rights in a trade mark may be voluntarily recorded at the ROCIP. Therefore, a licence may be recorded at the ROCIP by making a joint application by the licensor and licensee.

A joint application is made to the ROCIP by the parties to the licensing agreement. This is usually accompanied by a document setting out the terms of the licence and an Authorisation of Agent. The Registrar will then record the particulars of the licence in the Register.

Since the recordal of a licence is a voluntary procedure there is no requirement for there to be any registration. However, unless and until a licence is recorded, the licensee cannot realise the benefits afforded to him or her under the Act. For example, issuing a notice of objection to importation of goods that infringe the trade mark to the Comptroller of Customs where the licensor fails to do so.

No response provided.

No response provided.

The registration of a trade mark may be opposed if:

  • the applicant is not the owner of the trade mark;
  • the applicant does not intend to use or authorise the use of the trade mark or to assign the trade mark to a body corporate;
  • the opponent claims earlier use of a similar or identical trade mark;
  • the trade mark is substantially identical or deceptively similar to a trade mark that has acquired a reputation in Saint Lucia and because of the reputation of the other trade mark the use of the first-mentioned trade mark would be likely to deceive or cause confusion;
  • the trade mark consists of a false geographical indication;
  • the application was amended contrary to the Trade Marks Act;
  • the application contains certain signs prescribed by the Act not to be used as a trade mark or a sign so nearly resembling it as to be likely to be mistaken for it;
  • the trade mark does not distinguish the applicant’s goods or services;
  • the trade mark is scandalous or its use is contrary to law; or
  • the trade mark is likely to deceive or cause confusion.

A third party may file a notice of opposition to the registration of a trade mark within three months of the date of publication of its acceptance in the Gazette, unless an extension is granted by the Registrar.

While representation is not mandatory, it is highly recommended that the opponent seeks legal representation. The official fee for filing a notice of opposition and supporting evidence is USD260 and an additional USD35 for the filing of the Authorisation of Agent. Professional fees vary and will depend on, amongst other things, the issues and complexity of the case and the experience or seniority of Counsel.

A third party who wishes to oppose the registration of a trade mark (the ‘opponent’) must file a notice of opposition within three months of the date of publication of its acceptance in the Gazette, unless an extension is granted by the Registrar.

If the opponent intends to rely on evidence in support of the opposition, the opponent must serve a copy of the evidence in support on the applicant within three months from the day on which the notice of opposition is filed. Within two days after the opponent serves a copy of the evidence in support on the applicant, the opponent must file with the Registrar the original evidence and a statement setting out the date, place and manner of service of the copy of the evidence on the applicant. If the opponent does not intend to rely on evidence in support of the opposition, the opponent must, within three months from the day on which the notice of opposition is filed, serve on the applicant a copy of a notice stating that the opponent does not intend to rely on evidence in support of the opposition. The opponent must file with the Registrar the original notice and a statement setting out the date, place and manner of service of the copy of the notice on the applicant as soon as practicable after serving the applicant. If the opponent does not file evidence in support or the notice or apply for an extension to do so, the opponent shall be deemed to have abandoned his or her opposition.

If the applicant intends to rely on evidence in answer to the opposition, the applicant must serve a copy of the evidence in answer on the opponent within three months from the day on which the opponent serves him with the evidence in support or notice. The applicant must file with the Registrar the original evidence and a statement setting out the date, place and manner of service of the copy of the evidence on the opponent within two days of service. If the applicant does not intend to rely on evidence in answer to the opposition, the applicant must serve on the opponent, within the period for service of a copy of the evidence in answer, a copy of a notice stating that the applicant does not intend to rely on evidence in answer to the opposition. Within two days after the applicant serves a copy of the notice on the opponent, the applicant must file with the Registrar the original notice and a statement setting out the date, place and manner of service of the copy of the notice on the opponent. If the applicant does not file evidence in answer to the notice or apply for an extension of time to do so, he or she shall be deemed to have abandoned his or her application.

If an opponent intends to rely on evidence in reply to the opposition, the opponent must serve a copy of the evidence in reply to the applicant within three months after the service on the opponent of a copy of the evidence in answer. Within two days after the opponent serves a copy of the evidence in reply on the applicant, the opponent must file with the Registrar the original evidence and a statement setting out the date, place and manner of service of the copy of the evidence on the applicant. If an opponent does not intend to rely on evidence in reply to the evidence in answer to the opposition, the opponent must serve on the applicant, within three months after the service on the opponent of a copy of the evidence in answer, a copy of a notice stating that the opponent does not intend to rely on evidence in reply to the evidence in answer to the opposition. Within two days after the opponent serves a copy of the notice on the applicant, the opponent must file with the Registrar the original notice and a statement setting out the date, place and manner of service of the copy of the notice on the applicant. If the opponent does not file evidence in reply to the evidence in answer to the notice or apply for extension of time to do so, the evidence shall be deemed closed and opposition proceedings follow the normal course.

Upon completion of the evidence, the applicant or opponent may ask the Registrar to hear the parties to the opposition proceedings, or the Registrar may, on his or her own initiative, give an opportunity to the parties to be heard. The Registrar must give notice to the parties of a date when he or she will hear arguments in the opposition proceedings which must be a date at least 14 days after the date of the notice unless the parties consent to a shorter notice. Within seven days from the receipt of the notice any party who intends to appear must so notify the Registrar. The Registrar will then hear the proceedings and issue a ruling at the end of the proceedings.

An applicant can appeal to the High Court from decisions of the Registrar. Where the High Court hears an appeal from the decision of the Registrar an appeal does not lie with the Court of Appeal except with that court’s leave.

The appeal will follow the normal course of civil litigation matters in the High Court or Court of Appeal and may take approximately one to two years.

An action for an infringement of registered or unregistered trade marks may be brought in the High Court. There are no specialised courts or tribunals for trade mark matters in Saint Lucia.

In respect of registered marks, the Act additionally provides that the Comptroller of Customs may effect seizure and deal with goods that are imported into Saint Lucia if the importation infringes or appears to infringe the registered trade mark. The registered owner of a trade mark may give to the Comptroller a notice in the prescribed form objecting to the importation after the date of notice of goods that infringe the trade mark.

No response provided.

No response provided.

If a person threatens to bring an action against another person on the grounds that the threatened person has infringed a registered trade mark or a trade mark alleged by the person to be registered, any person aggrieved by the threat may bring an action in the High Court against the person making the threat.

The alleged infringer may:

  • obtain from the court a declaration that the defendant has no grounds for making the threat;
  • obtain from the court an injunction restraining the defendant from continuing to make the threat; and/or
  • recover any damages that he or she has sustained because of the defendant’s conduct.

Trade mark-infringement proceedings are heard in the High Court in the first instance. With leave of the Court of Appeal an appeal lies to the Court of Appeal against a judgment of the High Court. Prosecution for criminal offences committed under the Act is commenced in the District Court and an appeal lies to the High Court.

There are no prerequisites to filing a claim. However, pre-action ‘cease-and-desist’ letters are typically issued to alleged infringers as a matter of practice.

There is no mandatory requirement that the parties to trade-mark litigation matters must be represented by a lawyer; however, as trade-mark litigation matters are treated as any other civil proceedings in the High Court, it is highly recommended that the parties obtain legal representation.

An injunction may be granted by the High Court subject to any conditions it deems fit. In deciding whether to grant an injunction, the High Court will consider the standard requirements for the granting of injunctions in civil cases.

Prior to the commencement of legal proceedings, an alleged infringer may apply to the court for the remedies outlined in 4.4 Declaratory Judgment Proceedings. Where legal proceedings have commenced, the defendant may file a defence and any counterclaim, if applicable, to the claim brought against him or her.

Disclosure of documents is always pursuant to an order of the court. The judge typically orders standard disclosure at the case management stage of court proceedings. A party may also make an application to the court for specific disclosure.

There are no special provisions for pleadings in trade mark proceedings, as opposed to non-intellectual property civil proceedings. The claimant is required to clearly set out all the relevant facts that give rise to the claim and to prove his or her case ‘on a balance of probabilities’.

Pleadings may be supplemented by filing an amended statement of claim prior to case management or otherwise with leave of the court.

There are no specific rules for representative or class actions in trade-mark proceedings. The rules of court in civil proceedings provide that on the application of an appropriate person, the court may appoint a body having a sufficient interest in the proceedings or one or more persons, to represent all or more or some of the persons with the same or similar interest.

No response provided.

A registered owner of a trade mark has the exclusive right to obtain relief if the trade mark has been infringed. If a trade mark is registered in the name of two or more persons as joint owners of the trade mark, the rights granted to those persons are to be exercised by them as if they were the rights of a single person.

Subject to the terms of the governing licence agreement, an authorised user of a registered trade mark may also bring an action for infringement of the trade mark.

Where the alleged infringer has used a sign as a trade mark, the factors taken into consideration in assessing whether the trade mark has been infringed include:

  • the degree of similarity between the trade mark and the sign used by the person;
  • the degree of similarity between the goods and services associated with the registered trade mark and the sign;
  • whether the trade mark is well-known in Saint Lucia; and
  • the likelihood of confusion between the goods or services of the registered trade mark and the sign.

No response provided.

Defences to a claim of infringement of a registered trade mark include:

  • the defendant used a sign in good faith to indicate the kind, quality, quantity, intended purpose, value, geographical origin, or some other characteristic, of goods or services, or the time of production of goods or of the rendering of services;
  • the defendant used the trade mark in good faith to indicate the intended purpose of goods or services;
  • the defendant used the trade mark for the purposes of comparative advertising;
  • the defendant exercised a right to use the trade mark given to him or her under the Trade Marks Act;
  • the court is of the opinion that the defendant would obtain registration of the trade mark in his or her name if he or she were to apply for it;
  • the defendant has applied to or used the trade mark in relation to the goods by, or with the consent of, the registered owner of the trade mark;
  • the defendant can show that he or she or his or her predecessor in title has continuously used the trade mark in the course of trade in relation to those goods or services from a time before the registration of the trade mark or when the registered owner first used the trade mark; or
  • an action against groundless threats.

No response provided.

Trade mark infringements are enforced either through civil proceedings as outlined in 4.1 Actions Available to Pursue Infringement above or criminal proceedings. Under the Act, criminal offences are prosecuted by the Director of Public Prosecutions and would, in the first instance, be heard in the District Court. These decisions may be appealed to the High Court.

The Act makes provision for the Comptroller of Customs to effect seizure and deal with goods that are imported into Saint Lucia if the importation infringes or appears to infringe a trade mark registered in Saint Lucia. The registered owner of the trade mark may give to the Comptroller a notice in the form prescribed objecting to the importation after the date of notice, of goods that infringe the trade mark.

The acceptance of an application for registration of a trade mark may be revoked if, before a trade mark is registered, the Registrar is satisfied that the application was accepted because of an error or omission in the course of examination or that, in the special circumstances of the case, the trade mark should not be registered, or should be registered subject to conditions or limitations, or to additional or different conditions or limitations. If the Registrar revokes the acceptance of an application the application is taken to have never been accepted. The Registrar’s decision may be appealed to the High Court.

Where a third party seeks the cancellation of a registered trade mark, an application must be made to the High Court. An application made to the High Court in challenge of a registered trade mark can be made if:

  • the registration of the trade mark could have been opposed before the Registrar;
  • an amendment of the application for the registration of the trade mark was obtained as a result of fraud, false suggestion or misrepresentation;
  • because of the circumstances applying at the time the application was made to the High Court, the use of the trade mark is likely to deceive or cause confusion for a reason other than that the trade mark is likely to deceive or cause confusion or the trade mark is substantially identical with, or deceptively similar to, a trade mark registered in respect of similar goods or closely related services, or the trade mark is identical or deceptively similar to a trade mark that has acquired a reputation in Saint Lucia and because of the said reputation of the other trade mark the use of the first mentioned trade mark would be likely to deceive or cause confusion;
  • the following circumstances apply:

a)       the Registrar accepted the application for the registration of the trade mark because he or she was satisfied, having regard to the extent to which the trade mark was inherently adapted to distinguish the goods or services of the applicant for registration from the goods and services of any other person and the intended use of the trade mark, that the trade mark would distinguish those goods or services as being those of the applicant;

b)       the application for rectification is made at least ten years after the filing date; or

c)       in the intervening period, the trade mark has not been used to an extent sufficient for it to distinguish, in fact, the goods or services of the registered owner from the goods or services of any other person;

  • the application is in respect of an entry in the Register and the entry was made, or has been previously amended, as a result of fraud, false suggestion or misrepresentation;
  • a condition or limitation entered in the Register in relation to the trade mark has been contravened;
  • the trade mark consists of, or contains, a sign that, after the date of registration, becomes generally accepted within the relevant trade as the sign that describes or is the name of an article, substance or service; and
  • the trade mark consists of, or contains, a sign that describes or is the name of an article or substance that was formerly exploited under a patent or a service that was formerly provided as a patented process and it is at least two years since the patent has expired or ceased and the sign is the only commonly known way to describe or identify the article, substance or service.

The revocation of a trade mark is at the instance of the Registrar acting on his or her own volition. An application for the cancellation of a trade mark by the owner is made to the ROCIP. However, a third-party application for the cancellation of a trade mark is made to the High Court.

There are no special procedural provisions for trade mark proceedings before the court as they are conducted as any normal civil proceeding and are governed by the rules of court. Special procedural provisions apply to opposition proceedings, which are highlighted at 3.2 Ability to File an Opposition, above.

Cases are determined by legal judges and the parties do not have any influence as to who the judge will be.

In the course of legal proceedings, the parties may, by consent, have the opportunity to have the matter settled by formal court-connected mediation. Aside therefrom, the parties are at liberty to settle the dispute at any time on their own volition.

No response provided.

The remedies available to a successful trade mark-owner in an action for infringement include, amongst others, an injunction, which may be granted subject to any condition the court deems fit, damages or an account of profits at the option of the claimant and payment of legal costs.

A successful defendant may obtain, amongst other remedies, a declaration of non-infringement from the court, an injunction restraining the registered owner from making groundless threats and payment of legal costs.

No response provided.

There are no special provisions concerning the appellate procedure for trade-mark proceedings. The appellate procedure for trade-mark proceedings is provided by the relevant rules of court.

Only in very limited circumstances will a court exercising an appellate jurisdiction interfere with findings of fact. Accordingly, appeals are predominantly limited to a review of points of law.

No response provided.

No response provided.

If the famous trade mark is not used or registered in Saint Lucia, the owner may, nonetheless, be able to pursue an infringement action under the common law tort of passing off. The owner will need to prove that the famous trade mark is known to the Saint Lucia public and that there was an intention to deceive or confuse and that he or she has suffered damage as a result of the deception or confusion.

Costs are typically determined by agreement between the party and its chosen legal representative.

The cost of litigation is assessed pursuant to the Eastern Caribbean Supreme Court Civil Procedure Rules 2000. Part 65 of the Rules, as amended, deals with the ways in which costs are to be quantified and specifies a scale of fixed and prescribed costs and outlines percentages to be allowed at various stages of any claim from filing to trial.

Generally, the losing party is required to pay the successful party’s litigation costs.

Mediation and arbitration (to a lesser extent) are both available to aggrieved parties to attempt resolution of their disputes by assisted negotiations outside of the more formal setting of the court. Arbitration becomes operational in the event of a dispute if, by agreement, the parties have decided previously to pursue this medium.

The courts in Saint Lucia favour settlement of disputes by mediation and there is a court-connected mediation programme in place to assist in this regard. Mediation is usually recommended in the first instance by the court. A matter may, however, be referred to mediation only with the consent of the parties. In Saint Lucia an agreement reached by mediation may be duly filed in the High Court, which is made by an order (by consent) of the court, thereby binding the parties.

No response provided.

Floissac, Fleming & Associates

Cnr. Brazil
Mongiraud Street
P.O. Box 722
Castries

758 452 2887

758 453 1496

info@floissaclawyers.com www.floissaclawyers.com
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Law and Practice

Authors



Floissac, Fleming & Associates Originally established in 1960, Floissac Fleming & Associates (FFA) is one of Saint Lucia’s oldest and most reputable civil practices, widely recognised by clients and peers for its excellence, solid legal experience and for maintaining the highest professional and ethical standards. The firm’s office is strategically located in the City of Castries, Saint Lucia, and boasts a complement of eight attorneys with diverse and specialised areas of practice. Floissac Fleming & Associates is a balanced full-service civil practice with a full range of capabilities that not only includes IP, but also real estate and conveyancing, banking and finance, civil and commercial litigation, employment and labour, wills and probate, and notarial services. FFA's IP practice is supported by the firm's robust litigation department. The firm is a member of the International Trademark Association and the Intellectual Property Caribbean Association.

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