IP/C/W/621  
 
26 January 2017  
(17-0527) Page: 1/2 
Council for Trade -Related Aspects of  
Intellectual Property Rights  Original: English  
 
REVIEW OF LEGISLATIO N 
QUESTIONS POSED BY S WITZERLAND TO SEYCHELLES  
By means of a communication  from the delegation of Switzerland, dated 14 December 2016, the 
Secretariat has received questions posed by Switzerland to Seychelles . 
 
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1  GENERAL  
1. Are the provisions of the TRIPS Agreement, as far as not implemented in national law, 
directly applicable in the legal system of Seychelles?  
2  PATENTS  
2. Does the legislation of Seychelles grant patent protection for inventions relating to products 
and p rocesses in all fields of technology? Are there any exceptions? If yes, please indicate these 
exceptions and explain how they comply with Article 27 of the TRIPS Agreement.  
 
3. Does the legislation of Seychelles, in accordance with Article 27.1 in combinat ion with 
Article  31 of the TRIPS Agreement, consider importation as "working " a patent and therefore 
preclude compulsory licensing, if a product is being imported?  
 
4. Does the legislation of Seychelles make the granting of a compulsory license subject to all 
the conditions enumerated in Article 31 TRIPS of the TRIPS Agreement? Please cite the relevant 
provisions of the legislation.  
 
5. Does the legislation  of Seychelles provide for the principle of the reversal of burden of proof 
in patent litigation? Plea se cite the relevant provisions of the legislation.  
 
3  PROTECTION OF UNDISC LOSED INFORMATION  
6. Please explain in detail if the legislation of Seychelles ensures that undisclosed test or other 
data submitted by an applicant to the responsible State agency in  the procedure for market 
authorisation of a pharmaceutical or of an agricultural chemical product is protected against 
disclosure and against unfair commercial use by a competitor, for example by prohibiting a second 
applicant from relying on, or from ref erring to the original data of the first applicant, when 
applying subsequently for market authorisation for their own product.  
 
7. Does your legislation provide for exceptions to this protection of undisclosed information? If 
so, please explain under what conditions would such exceptions apply?  
8. Does your legislation provide for a specific term of protection for such undisclosed test data?  
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  4  PROVISIONAL MEASURES  
9. Do the judicial authorities of Seychelles have the authority to adopt, on the request of a 
right holder, a provisional measure inaudita altera parte  before an action leading to a decision on 
the merits of the case has been lodged? Please cite the relevant provisions of the legislation.  
10. Does the legislation of Seychelles provide for any restri ctions for obtaining provisional 
measures?  If so, what are these restrictions? Please cite the relevant provisions of the legislation.  
11. Please describe the provisional measures provided for in the legislation of Seychelles, 
including those for combattin g counterfeiting and piracy. Please describe the procedures that must 
be followed and cite the relevant provisions of legislation.  
12. Please describe the measures provided by the legislation of Seychelles to combat 
counterfeiting and piracy at the border.  Please explain whether the competent authorities are 
empowered to act ex officio  and, if so, please indicate the enforcement actions that may be taken. 
Please cite the relevant provisions of the legislation.  
5  ENFORCEMENT OF INTEL LECTUAL PROPERTY RIG HTS 
13. Please describe how the legislation of Seychelles meets the requirements of Article 41 TRIPS 
Agreement. Please cite the relevant provisions.  
14. Please indicate the authorities responsible for the application of the measures provided by 
the legislation of  Seychelles to combat counterfeiting and piracy. Please explain whether the 
competent authorities are empowered to act ex officio  and, if so, please indicate the enforcement 
actions that may be taken. Please cite the relevant provisions of the legislation.  
15. Please describe any new initiatives that are planned to improve the enforcement of 
intellectual property rights in your country. Is there a particular action plan in place?  
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