HISTORIC INDUSTRIAL DESIGNS BILL, 2025, PASSED TO EMPOWER CREATORS AND ALIGN SAINT KITTS AND NEVIS WITH GLOBAL IP STANDARDS

BASSETERRE, Saint Kitts, July 31, 2025 (SKNIS) – The Government of Saint Kitts and Nevis has taken a bold and historic step to empower its creative sector with the passage of the Industrial Designs Bill, 2025, the first legislation of its kind in the Federation. This landmark law establishes a modern legal framework that allows local designers, artisans, and entrepreneurs to formally protect the visual appearance of their original creations, positioning Saint Kitts and Nevis as a forward-looking nation in the global intellectual property arena.

Attorney General (AG) and Minister of Justice and Legal Affairs, the Honourable Garth Wilkin, led the debate and hailed the legislation as a foundational necessity for building a competitive, knowledge-based economy in line with the country’s Sustainable Island State Agenda.

“This is a significant milestone in our journey to empower innovation, foster entrepreneurship, and align our legal architecture with international intellectual property norms,” Attorney General Wilkin stated, adding that it ends 95 years of inequity and creates a modern platform for Kittitians and Nevisians to protect the products they design.

Industrial designs include elements such as shape, lines, colour, texture, and ornamentation of products ranging from fashion and jewelry to furniture, packaging, and game boards.

Previously, the only applicable law was the colonial-era United Kingdom Designs (Protection) Act of 1930, which granted protection only to UK-registered designs. The new Bill repeals this outdated statute and establishes a local mechanism through which Kittitians and Nevisians can register their designs and secure legal protection.

“Consider the young Kittitian who developed a visually stunning and imaginative board game. His work was so impressive that it was referenced at our breakfast meeting with WIPO Director General Daren Tang in November 2023. Until now, that young man had no legal recourse if someone copied his work. With this Bill, he and others like him will be able to register and defend their designs both locally and globally,” AG Wilkin asserted.

The honourable attorney general further noted that the Bill is particularly meaningful for the Orange Economy, which he described as a growing creative sector.

“These sectors represent an untapped growth engine, one that we must nurture with legal infrastructure,” Attorney General Wilkin said.

By passing this Bill, Saint Kitts and Nevis also fulfills long-standing international obligations under key trade agreements, including the TRIPS Agreement and the CARIFORUM–EU Economic Partnership Agreement.

“Both require the legal protection of industrial designs. This Bill satisfies those obligations and finalises our country’s accession to the Hague Agreement, which we did in July 2024,” AG Wilkin explained.

Attorney General Wilkin emphasised that the Industrial Designs Bill, 2025, is not just about intellectual property, but rather it is about equity, opportunity, and building a more resilient and inclusive economy.

“As we continue to shape a modern and inclusive economy of this Sustainable Island State we envision, we must insist to our people that their intellect, skills, and creativity are viable pathways to prosperity,” he stressed.

The Industrial Designs Bill, 2025, introduces a dual-pathway registration system for design protection. The first is by utilising a National Registration through the Intellectual Property Office in Basseterre, and second is through an International Registration via the Hague System administered by the World Intellectual Property Organization (WIPO), thereby giving local designers flexibility and access in protecting their designs domestically or internationally.

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