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I have recently come across St. Helena Coffee. It is very rare and very expensive because it is cultivated in modest quantities on a tiny island in the South Atlantic and has very special qualities. When I first learned of the product, its geographical indication seemed an obvious candidate for legal protection. When I tried to check it out, I could find no registration under either the UK's protected food names scheme or as a collective or certification mark under s.49 or s.50, The only registration that I have been able to find is THE ISLAND OF ST HELENA COFFEE COMPANY for goods in classes 16 and 30 by David Henry under trade mark number UK00002192111.
I also found several other products whose geographical indications might benefit from legal protection. These include rock lobster, tuna, honey and various liqueurs made from local coffee, prickly pears and rum. St Helena’s Sustainable Economic Development Plan 2018 - 2028 published by the territory's government mentions viticulture on page 26.
Other projects in the plan include opening satellite ground stations and call centres, encouraging software development and maintenance services, hosting academic research and letting out its locations for filming and programme making. All those initiatives will require robust copyright, database right and trade secrecy laws.
There is no intellectual property office on St Helena but the territory's legislature has passed legislation to extend United Kingdom patents, trade marks and designs to the island. S.2 (1) of the Patents (Registration) Ordinance 1927 entitles any grantee of a patent in the United Kingdom or any person deriving a right from such grantee by assignment, transmission or other operation of law may apply within 3 years from the date of issue of the patent to have the patent registered in St Helena. Upon receiving such an application together with two certified copies of the specification and certificate of grant the registrar must issue a certificate of registration. The certificate of registration confers on the applicant privileges and rights, subject to any conditions established by the law of St Helena, as though the patent had been issued in the United Kingdom with an extension to St Helena. S.3 and s.6 of the Trade Marks (Registration) Ordinance, 1949 make similar provision for trade marks. S.2 of the United Kingdom Designs (Protection) Ordinance, 1930 confers upon the registered proprietor of any design registered in the United Kingdom under the Registered Designs Act, 1949 the like privileges and rights as though the certificate of registration in the United Kingdom had been issued with an extension to St. Helena.
S.3 of the United Kingdom (Design) Ordinance, which restricts recovery of damages where a defendant was unaware of the registration of a design, is a little anomalous in that it refers to "copyright in a design" despite the extensive amendments to the statute by the Copyright, Designs and Patents Act 2025 and the Registered Designs Regulations 2001. The intention of the legislature appears to be clear but I have not yet found a case on the point.
I have been unable to find any copyright, rights in performances, unregistered design right or trade secrets ordinance but s.3 (1) of the English Law (Applications) Ordinance 2005 applies Adopted English Law to St Helena. "Adopted English Law is defined as:
"(a) the common law of England, including the rules of equity; and
(b) the Acts of Parliament which are in force in England at the time of commencement of this Ordinance."
This is qualified by s.3 (2) which provides that the Adopted English Law applies to St Helena only in so far as it is applicable and suitable to local circumstances, and subject to such modifications, adaptations, qualifications and exceptions as local circumstances render necessary. S.4 (1) further provides that The Adopted English Law applies to St Helena only insofar as it is not inconsistent with—
"(a) any enactment of the Parliament of the United Kingdom which extends to St Helena otherwise than by virtue of this Ordinance; 4
(b) any Order of Her Majesty in Council which extends to St Helena otherwise than by virtue of this Ordinance; 5 or
(c) any provision made by or under any law enacted by a legislature in St Helena."
Some UK statutes, such as the Freedom of Information Act 2000 and the Human Rights Act 1998, have been disapplied from St. Helena. However, I have found no disapplication of the Copyright, Designs and Patents Act 1988 or the law of confidence. S.8 of the Trade Marks (Registration) Ordinance 1949 specifically preserves the action for passing off.
Actions for the infringement or revocation of intellectual property rights are brought in the Supreme Court of St Helena. Appeals lie to the Court of Appeal and thence to the Privy Council
Belinda Piek is the Registrar of Patents and Trade Marks in St. Helena. There do not appear to be any patent or trade mark attorneys on St Helena. Indeed, there seem to be no solicitors in private practice on the island. Legal services are supplied to the public by the Public Solicitor. Neither the Public Solicitor nor any of his staff claims expertise in intellectual property.
As the population of the island has been in decline for many years and has only recently flattened out to 4,439 according to the latest census, readers may well ask themselves why I have spent time on researching its intellectual property laws. The answer is that St Helena’s Sustainable Economic Development Plan 2018 - 2028 contains many reasonable proposals for the economic development of the territory but does not mention intellectual property. On page 45, there is a non-exhaustive list of opportunities for entrepreneurs. Entrepreneurs will respond only if their intellectual assets are protected sufficiently to ensure a reasonable return. Such assets must be protected not only in St Helena but also in the United Kingdom and their other markets around the world.
The UK and St Helena governments have already shown their commitment to St. Helena by investing some £285.5 million in the construction of a new airport. They had hoped it would increase tourist traffic from a few hundred a year to over 30,000. Since there are only weekly flights to South Africa, that is unlikely to happen. However, if the airport could be used to export the island's coffee and other premium beverages and foodstuffs to affluent consumers around the world and remain the port of entry for satellite tracking engineers, film and TV programme makers and actors, conference attendees and others, it could easily justify that investment.
Anyone wishing to discuss this article may either call me on +44 (0)20 7404 5252 during UK office hours or send me a message through my contact form.
