INDUSTRIAL  PROPER TY ACT , 2014
(Act 7 of 2014)
ARRANGEMENT  OF SECTIONS
PART I - PRELIMINAR Y
Sections
1. Short title and commencement
2. Interpretation 
3. Treatment of foreigners 
4. Transfer of right and application
PART II - P ATENTS
Chapter 1 - General Provisions
5.  Patentable inventions
6. Matters excluded from patent protection
Chapter 2  - Right to a Patent and Naming of Inventor
7. Right to a patent 
8. The first to file rule
9. Naming of inventor
Chapter 3 - Application, Examination and Granting of Patents
10. Application
11. Unity of invention and division of application
12. Amendment of application
13. Right of priority 
14. Information concerning corresponding foreign application for patents 
15.   Filing date 
16. Examination of application
Chapter 4 - Grant of a Patent, Duration of a Patent and Annual Fees
17. Grant of a patent and changes in a patent
18. Rights conferred by patent
19. Limitations of right
20. Right of a prior user
21. Duration of a patent
 22. Annual fees(b) any penalty, forfeiture or punishment 
incurred in respect of any offence committed 
under the repealed laws shall continue to be 
enforceable as if this Act had not been 
enacted; and
(c) the Registrar appointed under the repealed 
laws shall be deemed to be the Registrar for 
the purposes of this Act, until the expiry of his 
or her term of office or a Registrar is 
appointed under this Act, whichever is earlier .
127.(1) The provisions of this Act shall apply to any 
application pending on the date of the commencement of this 
Act.
(2) The patents granted under the repealed Patent Act 
and marks registered under  the repealed Trades Marks Decree, 
on the commencement of this Act, shall subject to subsections 
(3) and (4), remain valid and shall be deemed to have been 
granted or registered under this Act. 
(3) The patents referred to in subsection (2) shall 
remain valid for the remaining period of the duration of the 
protection accorded under repealed Patent Act, provided that 
annual fee is paid in accordance with the provision of this Act 
and the Regulations made thereunder .
(4) The registrations of marks referred to in subsection 
(2) shall be renewed upon the expiry of the period of 
registration in accordance with the provisions of this Act and 
the Regulations made thereunder .Transitional
provisions
I certify that this is a correct copy of the Bill which was 
passed by the National Assembly on 15th April, 2014.
        
  Luisa Waye-Hive
  Deputy Clerk [28th April 2014] Supplement to Official Gazette 97 180 Supplement to Official Gazette [28th April 2014]
Chapter 5 - Non-V oluntary Licenses
23. Grounds for issuance of a non-voluntary license
24. Application for non-voluntary license
25. Grant of non-voluntary license
26. Rights and obligations of beneficiary of non-voluntary license
27. Termination of non-voluntary license
Chapter 6 - T ermination, Surrender and Invalidation of a Patent
28. Termination of a patent
29. Surrender of a patent
30. Invalidation of a patent
31. Transfer of patent
PART III - UTILITY  MODEL  CER TIFICA TES
32. Protection of minor inventions
33. Non-existence of novelty license
34. Non-protectable subject matters
35. Examination
36. Issuance of utility model certificate 
37. Conversion of patent applications to applications for utility model 
certificates and vice-versa
38. Duration of utility model certificate
39.  Application of rules on patents
PART IV - INDUSTRIAL  DESIGNS
40. Protection of industrial designs
41.  Unprotectable industrial design 
42. Right to the industrial design 
43. Naming of creator
44. Application
45. Examination, registration and publication of industrial designs
46. Rights conferred by registration
47. Limitation of rights
48. Duration of industrial design protection
49. Surrender of industrial design registration certificate
50. Invalidationextend the time for doing any act or taking any proceeding 
under this Act and the Regulations made thereunder , upon 
notice to the parties concerned and upon such terms as he or she 
may direct.
(2) The extension of time may be granted even if the 
time for doing the act or taking the proceeding has expired.
124.(1)  The Supreme Court shall have jurisdiction in 
disputes relating to the application of this Act and the 
Regulations and in matters which under this Act are referred to 
the Court.
(2)  Any decision taken by the Registrar under this 
Act, in particular the grant of a patent, a utility model 
certificate, the registration an industrial design, a layout-
design, the registration of a mark, collective mark, certification 
mark or geographical indication, or the rejection of an 
application for grant or registration of such title, may be subject 
of an appeal by an interested party before the Supreme Court 
and such appeal shall be filed within 2 months from the date of 
decision.
 125. The Minister may make Regulations for carrying 
into effect the provisions of this Act and may prescribe all 
matters which by this Act, are necessary or expedient to be 
prescribed for giving effect to this Act.
126.(1)   The Patent Act (Cap 156) and the Trades Marks 
Decree (Cap 239) are hereby repealed.
(2)  Notwithstanding of the repeal of the Patent Act 
and the Trades Marks Decree —
(a) all statutory instruments made under the 
repealed laws shall remain in force as if made 
under this Act, until amended, replaced or 
repealed under the provisions of this Act;Competence
of Court and
appeals
Regulations
Repeal and
savings[28th April 2014] Supplement to Official Gazette 179 98 Supplement to Official Gazette [28th April 2014]51. Non-voluntary licenses
52. Licenses
53. Change in Ownership
PART V - LA YOUT -DESIGNS OF  INTEGRA TED CIRCUITS
Chapter 1 - Requirements for Protection
54. Subject matter of protection
55. Originality
56. Right to protection
Chapter 2 - Application, Examination, Registration and Scope of Protection
57. Application requirements
58. Registration and publication
59. Scope of protection and rights granted
60. Limitation of rights
61. Commencement and duration of protection 
62. Non-voluntary licenses 
63. Invalidation
PART VI - M ARK, C ERTIFICATION M ARK, C OLLECTIVE MA RK, 
TRADE NA ME AND GE OGRAPHICAL INDICATIONS
Chapter 1 - Acquisition of exclusive rights in a T rade Mark
and its Registration
64. Acquisition of rights
65. Mark inadmissible for registration
66. Right of prior user 
Chapter 2 - Procedures for Registration of Mark
67. Application for registration
68. Right of priority
69. Exhibition priority
70. Filing date 
71. Examination 
72. Objection
73. Pending cases
74. Registration of the marks and issuance of certificate (a) stop, search and board, whether forcibly or 
otherwise, any conveyance in which he or she 
reasonably suspects that there is any 
infringing product; and
(b) seize, remove or detain such infringing 
product and anything which appears to him or 
her to be or to contain; or to be likely  to 
contain, evidence of an offence under this 
Act.
(3) In the exercise of his or her power under subsection 
(2), an authorised officer may order the person in charge of a 
vehicle —
(a) to stop and not to proceed until so authorised; 
or
(b) to bring the vehicle to any police station.
PART IX - MISCELLANEOUS
121.(1)  The Registrar shall maintain separate registers for 
patents, industrial designs, layout-designs, marks, certification 
marks, collective marks and geographical indications.
(2)   All the recordings provided for in this Act shall be 
entered into the registers referred to in subsection (1).
(3)  Any person may inspect the registers referred to in 
subsection (1) and may obtain extracts therefrom, on the 
payment of a prescribed fee.
122.  The Registrar may, subject to any provision in the 
Regulations, correct any error of translation or transcription, 
clerical error or mistake in any registration entered into 
pursuant to this Act or the Regulations.
123.(1) If the Registrar is satisfied that the circumstances 
justify it, he or she may, upon receiving a written request, Registers
Correction of
errors
Extension
of time[28th April 2014] Supplement to Official Gazette 99 178 Supplement to Official Gazette [28th April 2014]Chapter 3 - Rights conferred by Registration, Duration and Renewal
of Registration
75. Rights conferred by registration
76. Limitation of rights 
77. Duration of registration
78. Renewal of registration
Chapter 4 - Renunciation, Removal and Invalidation of a Registered Mark
79. Renunciation of right 
80. Removal on grounds of non use
81. Invalidation of registration
Chapter 5 - Collective Marks, Certification Marks and T rade Names
82. Collective marks
83. Certification marks
84. Trade name
Chapter 6 - Special Provisions relating to Licenses and assignments
of Marks
85. Assignment of a mark
86. Licensing of marks and collective marks
Chapter 7 - Geographical Indications
87. Homonyms of geographical indications for wines
88. Geographical indications excluded from protection
89. Right to file application
90. Application for registration of geographical indication
91. Examination of application
92. Objections
93. Registration
94. Right to use a geographical indication 
95. Rights conferred  
96. Duration of protection
97. Misleading marks 
98. Marks conflicting with a geographical indication for wines and spirits
99.  Relationship between geographical indications and pre-existing 
trademark rights
100. Invalidation or amendment of registration(a) severity of the dama ge caused to the 
rightsholder , consumers, the general public 
or the country;
(b)  the value of the infringing products;
(c)  degree and scope of the infringing activity 
and the size of the infringing products;
  (d)   frequency of the offence committed by the 
infringer; and  
(e) other relevant matters, such as sufficiency of 
the penalty to provide a deterrent to future 
infringements.
  (4)  The penalty , where appropriate, shall include the 
seizure, forfeiture and destruction of infringing goods and of 
any materials and implements used in the commission of the 
offence. 
(5) The seizure, forfeiture and destruction referred to 
in subsection (4) shall be without compensation of any kind to 
the offender . 
 120.(1)A police officer may arrest without warrant any 
person who, in any street or public place —
(a) sells, exposes or offers for sale or hire; or
(b) has, or is reasonably suspected of having, in 
his or her possession for the purpose of 
selling or letting for hire, 
any product that infringes industrial property rights protected 
in Seychelles.
(2) Any authorised officer may, at any time, without a 
warrant —Power to
enter , search
and seize[28th April 2014] Supplement to Official Gazette 177 100 Supplement to Official Gazette [28th April 2014]PART VII - UNF AIR COMPETITION AND UNDISCLOSED 
INFORMA TION
101. General principles
102. Confusion with another's enterprise or its activities 
103. Damaging another's goodwill or reputation
104. Misleading the public
105. Discrediting another's enterprise or its activities
106. Unfair competition concerning undisclosed information
PART VIII - ENFORCEMENT OF INDUSTRIAL PROPERTY RIGHTS
Chapter 1 - General Provisions
107.  General principles
108. Remedies against infringements of rights
109. Burden of proof
110. Evidence
Chapter 2 - Provisional Measures and Civil Remedies
111. Provisional measures
112. Damages
113. Other remedies
114. Information to the rightsholder
115. Indemnification of defendant
116. Appeals 
117. Limitation for civil proceedings
Chapter 3 - Criminal Remedies
118. Offence
119. Penalties
120. Power to enter , search and seize
PART IX - MISCELLANEOUS
121. Registers 
122. Correction of errors
123. Extension of time
124. Competence of Court and appeals
125. Regulations
126. Repeal and savings
127. Transitional provisions commits an offence.
(4)   Any person who, without the authorisation of a 
registered layout-designs rightsholder , willfully and on a 
commercial scale —
(a)  reproduces, whether by incorporation in an 
integrated circuit or otherwise, the protected 
layout-design in its entirety or any part 
thereof, except the act of reproducing any part 
that does not comply with the requirement of  
originality referred to in section 55 of this 
Act; or
(b) imports, sells or otherwise distributes for 
commercial purposes the protected layout-
design, an integrated circuit in which the 
protected layout-design is incorporated or an 
article incorporating such an integrated 
circuit in so far as it continues to contain an 
unlawfully reproduced layout-design, 
commits an offence.
 119.(1)  Whoever intentionally commits an offence under 
section 118, shall on conviction be liable to imprisonment for a 
term not exceeding 5 years or a fine not exceeding SCR500,000 
or with both such imprisonment and fine.
(2) Except where higher penalty is provided in any 
other written law, whoever by negligence violates a right 
protected under this Act shall on conviction be liable to 
imprisonment for a term not exceeding 3 years or a fine not 
exceeding SCR500,000 or with both such imprisonment and 
fine.
(3)  In determining the penalties under subsections (1) 
to (2), the court shall take into account the —Penalties[28th April 2014] Supplement to Official Gazette 101 176 Supplement to Official Gazette [28th April 2014](a) manufactures a product that incorporates a 
registered industrial design, or a  substantial 
imitat ion that may cause confu sion or 
likelihood of confusion;
(b) exports, sells, displays or offers for sale, has 
in stock, conceals or receives, with a view to 
use for economic purposes, an object that 
illegally incorporates a registered industrial 
design, or a substantial  imitation that may 
cause confusion or likelihood of confusion; 
or 
(c) imports a product that incorporates an 
industrial design registered in Seychelles or a 
substantial imitation that may induce to error 
or confusion, and that has not been placed on 
the foreign market directly by the 
rightsholder or with his or her consent, 
commits an offence.
(3)   Any person who, without the authorisation of 
registered mark rightsholder , willfully and on a commercial 
scale —
(a)   reproduces a registere d mark, in whole or in 
part,  or imitates it in a way that may create 
likelihood of confusion;
(b) alters the registered mark already affixed on a 
product placed on the market; or
(c)   imports, exports, sells, of fers or displays for 
sale, conceals or has in  stock a product 
bearing a mark illegally reproduced or 
imitated, in whole or in part ; or a product of 
his or her own industry or commerce, 
contained in a vessel, container or package 
that contains the registered trade mark,[28th April 2014] Supplement to Official Gazette 175 
  
    
 INDUSTRIAL  PROPER TY ACT , 2014
(Act 7 of 2014)
AN ACT  to provide for the adequate protection and 
enfor cement of industrial property rights in order  to 
encourage local inventive and innovative activities, 
stimulate transfer  of foreign technology , promote foreign 
direct investment, create competitive business 
envir onment, discourage unfair  practices, enhance free 
and fair practice and thereby foster  socio economic 
development and for matters connected therewith or 
incidental thereto.
ENACTED by the President and the National Assembly .
PART I - PRELIMINAR Y
1. This Act may be cited as the Industrial Property Act, 
2014 and shall come into operation on such date as the Minister 
may, by notice published in the Gazette , appoint.Short title and 
commencementOffenceuse of distinctive signs in bad faith or for unfair competition 
purposes, for which there shall be no time limit to initiate the 
proceedings.
Chapter 3 - Criminal Remedies
118.(1)  Any person who, except under justifiable 
circumstances provided under this Act, without the consent of a 
patent or utility model rightsholder , willfully and on a 
commercial scale —
(a) manufactures the product that is protected by 
a patent or utility model certificate;
(b) uses a process invention or minor invention  
that is patented or protected by utility model 
certificate;
(c) exports, sells, displays or offers for sale, has 
in stock, conceals or receives, a product 
manufactured using a patented invention or 
minor invention protected by utility model 
certificate, or a product obtained by a  
patented process invention; or
(d)  imports a product that is the object of an 
invention or minor invention  protected by 
patent or utility model certificate, or obtained 
by a process invention patented into 
Seychelles that has not been placed   on the 
foreign market directly by the rightsholder or  
by a  person authorised by the rightsholder ,  
commits an offence.
(2) Any person who, except under justifiable 
circumstances provided under this Act, without the 
authorisation of a registered industrial design rightsholder , 
willfully and on a commercial scale — 
 
  
 
 
  
 
 I assent
J. A. Michel
President
25th April, 2014
[28th April 2014] Supplement to Official Gazette 103 174 Supplement to Official Gazette [28th April 2014]
2. In this Act, unless the context otherwise requires — 
“authorised of ficer” means a police officer or any 
officer or class or description of officers appointed 
by the Minister to exercise the powers and perform 
the duties conferred and imposed on an authorised 
officer by this Act.
“certification mark” means any mark that 
distinguishes goods or services that are certified by 
the owner of the certification mark in relation to 
origin, material, mode of manufacture of goods or 
performance of services, quality , accuracy or other 
characteristics from other goods or services not so 
certified.
“collective mark” means any mark that belongs to 
a collective entity such as a cooperative, an 
association or a federation of industries, producers 
or traders and that distinguishes the goods or 
services of the members of the collective entity 
from the goods or services of other enterprises;
“counterfeit goods” means any goods, including 
packaging, bearing without authorisation a mark 
which is identical to the mark validly registered in 
respect of such goods, or which cannot be 
distinguished in its essential aspects from such a 
mark, and which thereby infringes the rights 
protected under this Act;
“Court” means the Supreme Court of Seychelles; 
“export”  means the act of t aking any goods out of 
Seychelles;
“foreigner” means a person who is not domiciled 
or has no registered business in Seychelles;(4) In respect of counterfeit goods, the simple 
removal of the mark or geographical indication unlawfully 
affixed shall not be sufficient, other than in exceptional cases, 
to permit release of the goods into the channels of commerce. 
114. The Court shall order the infringer to inform the 
rightsholder of the identity of third persons involved in the 
production and distribution of the infringing goods or 
rendering of services and of their channels of distribution 
unless this would be out of proportion to the seriousness of the 
infringement.  
115.(1) The Court shall  order an applicant, at whose 
request measures were taken and who has abused enforcement 
procedures, to provide to a defendant wrongfully enjoined or 
restrained adequate compensation for the injury suffered 
because of such abuse. 
(2)   The Court shall order the applicant to pay the 
defendant expenses, which may include appropriate attorney's 
fees.
(3) The public authorities and officials shall be 
exempted from liability to appropriate remedial measures 
where actions were taken or intended in good faith in the course 
of the administration of any law pertaining to the protection or 
enforcement of industrial property rights.
116.(1)   Any decision by the Court in infringement 
proceedings shall be subject to an appeal to the Court of 
Appeal.
(2)   The appeal shall be filed within 60 days from the 
date of the decision.
117. Any civil proceedings shall be initiated within 5 
years from the date on which the rightsholder knew or had 
reasons to know the infringing acts, except in case of infringing Interpretation
Information
to
rightsholder
Indemnification
of
defendant
Appeals
Limitation
for civil
proceedings[28th April 2014] Supplement to Official Gazette 173 104 Supplement to Official Gazette [28th April 2014]“geographical indication” means  an indication 
that identifies goods as originating in the territory 
of a country; or a region or locality in that 
territory , where a given quality , reputation or 
other characteristics of the goods is essentially 
attributable to its place of origin;
“goods” means any natural or agricultural product 
or any product of handicraft or industry;  
“goods infringing industrial property rights” 
means any goods which are made, reproduced, 
put into circulation or otherwise used in breach of 
the industrial property Act and without the 
consent of the rightsholder or a person duly 
authorised to do so by the rightsholder;  
“import ” means the act of bringing or causing any 
goods to be brought into Seychelles;
“industrial design” means any composition of 
lines or colours or any three dimensional form 
whether or not associated with lines or colours, 
provided that such composition or form gives a 
special appearance to a product of industry or 
handicraft and can serve as a pattern for a product 
of industry or handicraft;
“industrial property rights” means rights related 
to patents, utility models, industrial designs, 
certification mark, collective mark, mark, lay out 
designs, and geographical indications protected 
under this Act;
“infringement of industrial property rights” 
means performance of any of the acts, which is 
exclusively reserved for the rightsholder under 
the provisions of this Act, without the 
authorisation of the rightsholder;(d)  the royalties or fees which would have been 
due if the infringer had requested 
authorisation to use the industrial property 
right in question; and
(f)  where appropriate, any moral damages 
caused to the rightsholder .
(3)  The Court shall order the infringer to pay the 
rightsholder's expenses, which may include appropriate 
attorney's fees. 
(4)  The Court may, where appropriate, order recovery 
of profits where the infringer did not knowingly , or with 
reasonable grounds to know , engage in infringing activity .
113.(1) The Court may, upon the request of the applicant, 
order that goods, materials and implements the predominant use 
of which has been in the creation of the infringing goods be, 
without compensation of any sort, disposed of outside the 
channels of commerce in such a manner as to minimise the risks 
of further infringements.  
(2) In considering such requests, the need for 
proportionality between the seriousness of the infringement and 
the remedies ordere d and the the interests of third parties shall 
be taken into account.
(3)  The Court may, whenever this is considered 
adequate under the circumstances to create an effective 
deterrent to further infringement, taking due account of the need 
for proportionality between the seriousness of the infringement 
and the remedies and the legitimate interests of third parties, 
order that the infringing goods be destroyed, or be disposed of 
outside the channels of commerce, without compensation of 
any sort, in such a manner as to avoid any harm caused to the 
rightsholder .Other
remedies[28th April 2014] Supplement to Official Gazette 105 172 Supplement to Official Gazette [28th April 2014]“integrated circuit” means a product in its final 
form or intermediate form, in which the elements, 
at least one of which is an active element, and some 
or all of the inter-connections are integrally formed 
in or on a piece of material and which is intended to 
perform an electronic function;
“international classification” means the 
classification according to the Locarno Agreement 
establishing an international Classification for 
Industrial Designs, of October , 1968;
“interested person” means a person engaged in, or 
in promoting, research in a field to which the 
invention relates, or with a commercial or other 
interest in a mark, trade name or geographical 
indication;
“invention” means an idea of an inventor , which 
permits in practice the solution to a specific 
problem in the field of technology which may  
relate to a product or a process;
“layout-design” means the three dimensional 
disposition, however expressed, of the elements of 
an integrated circuit, at least one of which element 
is active, and some or all the interconnections of an 
integrated circuit, or such a three dimensional 
disposition prepared for an integrated circuit 
intended for manufacture;
“mark” means any sign capable of distinguishing 
goods (“trademark”) or services (“service mark”) 
of one enterprise from those of other enterprises;
“Minister ” means the Minister responsible for 
Legal Affairs;
“non-voluntary license” means an authorisation 
given by the Registrar to a person to exploit a (6)  The applicant may be required to supply other 
information necessary for the identification of the goods 
concerned by the authority that will execute the provisional 
measures. 
(7) Where the applicant does not initiate proceedings 
in the Court leading to a decision on the merits of the case 
within 20 working days or 31 calendar days, whichever is 
longer , from the date of receipt of the decision ordering 
provisional measures or within any other reasonable period 
determined by the Court in the decision, the Court shall revoke 
the provisional measures upon request of the defendant.
(8) Where the provisional measures are revoked or 
where they lapse due to any act or omission by the applicant, or 
where it is subsequently found that there has been no 
infringement or threat of infringement of an industrial property 
right, the Court shall order the applicant, upon request of the 
defendant, to provide the defendant appropriate compensation 
for any injury caused by these measures.
112.(1) The Court shall order the infringer, who 
knowingly , or with reasonable grounds to know , engaged in 
infringing activity , to pay damages adequate to compensate for 
the injury the rightsholder has suffered because of an 
infringement of his or her industrial property right. 
(2) In determining the amount of damages awarded to 
the rightsholder , the Court may consider —  
 (a) the value of the infringed-on goods or 
service, measured by the  suggested retail  
price or other legitimate measure of value 
submitted  by the rightsholder;
(b)  the loss of earnings incurred by the 
rightsholder; 
(c)  the unfair profits made by the infringer;
 Damages[28th April 2014] Supplement to Official Gazette 171 106 Supplement to Official Gazette [28th April 2014]technology that is protected by a patent or a utility 
model, a registered industrial design or layout-
design of an integrated circuit in Seychelles 
without the approval of the rightsholder; 
“Paris Convention” means the Convention for the 
Protection of Industrial Property signed at Paris 
on 20th March 1883 as revised at Brussels on 
December 14, 1900, at Washington on June 2, 
1911, at The Hague on November 6, 1925, at 
London on June 2, 1934, at Lisbon on October 31, 
1958, and at Stockholm on July 14, 1967, and as 
amended on September 28, 1979;
“patent”  means a patent of any invention granted 
under this Act; 
“Patent Cooperation Treaty” means the Patent 
Cooperation Treaty , done at Washington on June 
19, 1970, amended on September 28, 1979, 
modified on February 3, 1984, and October 3, 
2001;
“patentee” means the owner of a patent; 
“person” includes any public body , company or 
association or any body of persons, corporate or 
unincorporated;
“prescribed” means prescribed by Regulations;
“priority date” means the date of filing of an 
earlier foreign a pplication that serves as the ba sis 
for claiming right of priority; 
“Registrar” means the person appointed by the 
President to be the Registrar -General of Patents 
and Trademarks for the purposes of this Act;Chapter 2 - Provisional Measures and Civil Remedies
111.(1)  The Court shall have power to order prompt and 
effective provisional measures, to —
(a)  prevent an infringement of a right from 
occurring, in particular to prevent the entry 
into channels of commerce, imported goods 
after completing customs formalities; and 
(b) preserve relevant evidence in regard to the 
alleged infringement.
(2) The Court shall have power to order provisional 
measures, without giving the other party an opportunity of 
being heard, where appropriate, in particular where any delay is 
likely to cause irreparable harm to the rightsholder , or where 
there is a demonstrable risk of evidence being destroyed.
(3)  The Court may, before making a decision under 
subsection (2), require the applicant to provide any reasonably 
available evidence in order to satisfy it with a sufficient degree 
of certainty that the applicant is the rightsholder and that the 
applicant's right is being infringed or that such infringement is 
imminent, and order the applicant to provide a security or 
equivalent assurance suf ficient to protect the defendant and to 
prevent abuse.
(4)  Where provisional measures have been ordered 
without giving the other party an opportunity of being heard, 
the defendant may file a request for review with the Court 
within 2 weeks from the date of receipt of the decision.  
(5) In the review proceedings, the Court shall give the 
parties concerned an opportunity of being heard and shall 
confirm, modify or revoke the decision within a reasonable 
period.Provisional
measures[28th April 2014] Supplement to Official Gazette 107 170 Supplement to Official Gazette [28th April 2014]“Regulations” means the regulations made under 
this Act;
“rightsholder” means the owner of a protected 
industrial property right or his or her successors in 
title; 
“trade name” means the name or designation 
identifying and distinguishing an enterprise;
“utility model certificate” means a title granted to 
protect a minor invention, which may not meet the 
stringent requirements of patentability of 
inventions;
“well-known mark” means a mark considered by 
the competent authority in the country of 
registration or use to be well-known in that 
country;
“World Trade Organisation” means the World 
Trade Organisation established on 1st January , 
1995 under the 
3.(1)  Any person who is a national or is domiciled or has 
real and effective industrial or commercial establishment in a 
country which is a party to the Paris Convention or any other 
treaty that embodies the principle of national treatment to which 
Seychelles may be a party shall be treated in the same way as 
Seychellois except requirements that may be explicitly 
provided for purposes of administrative and judicial 
procedures.
 (2) Any other foreign person that may not be covered 
under subsection (1) shall  be treated in accordance with the 
provisions of a treaty between Seychelles and the country of the 
foreign person and in the absence of such a treaty or agreement 
based on the principle of reciprocity .Marrakesh Agreement. (a)  the product obtained by the patented process 
is new; or
(b)  there is a substantial likelihood that the 
identical product was made by the process 
and the patentee has been unable through 
reasonable efforts to determine the process 
actually used.
 (3)  In ordering the production of evidence to the 
contrary , the Court shall take into account the legitimate 
interests of the alleged infringer in not disclosing his or her 
manufacturing and business secrets.
 110.(1)    The Court may, where a party has presented 
reasonably available evidence sufficient to support its claims 
and has specified evidence relevant to substantiation of the 
claims which lies in the control of the opposing party , order 
that this evidence be produced by the opposing party , subject, 
in appropriate cases, to conditions which ensure the protection 
of confidential information. 
(2)  Where infringement is committed in a 
commercial scale, the Court may, upon request of a party or 
when found appropriate, order the production of 
communication of banking, financial or commercial 
documents under the control of the opposing party , subject to 
the protection of confidential information.
(3) In cases in which a party to a proceeding 
voluntarily and without good reason refuses access to, or 
otherwise does not provide necessary information within a 
reasonable period, or significantly impedes a procedure 
relating to an enforcement action, the Court may make 
preliminary and final determinations, affirmative  or negative, 
on the basis of the information presented to it, including the 
complaint or the allegation presented by the party adversely 
affected by the denial of access to information, subject to 
providing the parties an opportunity to be heard on the 
allegations or evidence.Treatment of
foreignersEvidence[28th April 2014] Supplement to Official Gazette 169 108 Supplement to Official Gazette [28th April 2014]4.(1) Any patent, utility model certificate, industrial 
design registration certificate, registered mark, certification 
mark, collective mark, trade name and layout-design or 
application which may be transferred by sale or inheritance or 
any other means in accordance with this Act or any other 
written law. 
(2) Any transfer referred to in subsection (1) shall be 
recorded with the Registrar , upon payment of fees prescribed 
in the Regulations.
PART II - P ATENTS
Chapter 1- General Provisions
5.(1) An invention is patentable if it is new, involves an 
inventive step and is industrially applicable.
(2)   An invention, s hall be considered new if it is not 
anticipated by prior art. Prior art shall consist of everything 
disclosed to the public, anywhere in the world, by publication 
in tangible form or by oral disclosure, by use or in any other 
way, prior to the filing or, where appropriate, the priority date 
of the application claiming the invention.
(3)  Notwithstanding the provisions of subsection (2) 
the disclosure to the public of the invention shall not be taken 
into consideration if it occurred within 12 months preceding 
the filing date or, where applicable, the priority date, of the 
application, and if it was by reason or in consequence of acts 
committed by the applicant or his or her predecessor in title or 
an abuse committed by a third party in relation to the applicant 
or his or her predecessor in title. 
(4)  An invention shall be deemed as involving an 
inventive step if having regard to the prior art relevant to the 
application and as defined in subsection (2), it would not have 
been obvious to an ordinary person having skill in the art at the 
filing date or, as the case may be, at the priority date of the 
claimed invention.(c) parties to a legal proceeding  shall be allowed 
to be represented by independent legal 
counsel;
(d) infringement  claims shall be substantiated 
with relevant evidence; and
(e) measures or remedies against infringement 
shall be effective to prevent and deter 
infringement and adequate to redress the 
harm done.
 108.(1) The remedies against infringement of industrial 
property rights, made available under this Act include —
(a) provisional measures;
(b) civil remedies; and
(c) criminal remedies.
(2)  The holder of industrial property rights or the 
person authorised by him or her may seek for any or more or all 
of the remedies referred to in subsection (1).
(3)  The Court may order cumulative remedies as it 
deems appropriate.
  109.(1)   For the purposes of civil proceedings in 
respect of the infringement of rights of the patentee, if the 
subject matter of a patent is a process for obtaining a product, 
the Court may order the defendant to prove that the process used 
to obtain an identical product is different from the patented 
process.
(2)   Any identical product when produced without the 
consent of the patentee shall, in the absence of proof to the 
contrary , be deemed to have been obtained by the patented 
process if — Transfer of
right and
application
Patentable
inventionsRemedies
against
infringements
of rights
Burden of
proof[28th April 2014] Supplement to Official Gazette 109 168 Supplement to Official Gazette [28th April 2014](5)  An invention shall be considered industrially 
applicable if —
(a) it can be made or used in any kind of industry; 
or 
(b) it has specific, substantial and credible utility . 
(6) For the purposes of this section, the “industry” 
shall be construed to any human economic activity leading to 
the production of goods and services, in particular , handicraft, 
agriculture, fishery , or services.
6.(1) The following shall not be patentable —
(a) inventions contrary to public order or 
morality;
(b) plants or animals, including parts thereof, 
other micro-organism, or essentially 
biological processes for the production of 
plants or animals or parts thereof, other than 
non-microbiological processes;
(c) schemes, rules or methods for doing business, 
for performing purely mental acts or for 
playing games;
(d) discoveries, scientific theories and 
mathematical methods;
(e) methods for treatment of the human or animal 
body by surgery or therapy, including 
diagnostic methods practiced on the human or 
animal body; or
(f) natural substances, whether or not purified, 
synthesised or otherwise isolated from nature, 
excluding the processes of isolating natural 
substances from their original environment.
 (c) its legitimate holder has taken reasonable 
steps, under the circumstances, to keep it 
secret.
(2) Any act or practice, in the course of industrial or 
commercial activities, in relation to industrial property rights 
shall be considered an act of unfair competition if it consists of 
or results in —
(a) an unfair commercial use of undisclosed test 
or other data, the origination of which 
involves considerable effort and which were 
required as a condition of obtaining approval 
of the marketing of pharmaceutical, 
agricultural or chemical products which 
utilise new chemical entities and which were 
in fact submitted to the appropriate authority; 
or
(b)  the disclosure of such data, except where 
necessary to protect the public, or unless 
measures have been taken to ensure that the 
data are protected against unfair commercial 
use.  
PART VIII - ENFORCEMENT  OF INDUSTRIAL  
PROPER TY RIGHTS
Chapter 1 - General Provisions
107.   The general principles of enforcement of 
industrial property rights shall include the following —
(a) the procedures concerning the enforcement 
of intellectual property rights shall be fair 
and equitable;
(b) the procedures shall not impose overly 
burdensome requirements concerning 
mandatory personal appearances;Matters
excluded from
patent
protection
General
principles[28th April 2014] Supplement to Official Gazette 167 110 Supplement to Official Gazette [28th April 2014](2)   The provision of subsection (1)(e) shall not apply 
to products for use in any of the methods for treatment of the 
human or animal body by surgery or therapy , as well as 
diagnostic methods practiced on the human or animal body .
Chapter 2 - Right to a Patent and Naming of Inventor
7.(1) The right to a patent shall belong to the inventor .
(2)  If two or more persons have jointly made an 
invention the right to the patent shall belong to them jointly .
(3) Where an invention is ma de in the  execution of a 
contract of employment, the right to the patent shall belong, in 
the absence of contractual provisions to the contrary , to the 
employer . 
(4) Where an employment contract does not require 
an employee to exercise any inventive activity but an invention 
resulted from both the personal contribution of the employee 
and using the resources, data, means, materials or equipment 
of the employer the right to the patent, in the absence of an 
express term to the contrary , shall belong to both the employer 
and the employee and the patent shall be owned jointly in equal 
shares.
  
8. When two or more persons have made the 
invention separately and independently of each other , the right 
to the patent shall belong to the person who filed an application 
for such invention, or where two or more applications are filed 
for the same invention, to the applicant who has the earliest 
filing date or, the earliest priority date.
9.(1)  The inventor shall be named as such in the 
application and the patent, unless in a special written 
declaration addressed to the Registrar , indicates that he or she 
wishes not to be named. 106.(1)   Any act or practice which, in the course of 
industrial or commercial activities, in relation to industrial 
property rights that results in the disclosure, acquisition or use 
by others, of undisclosed information without the consent of the 
person lawfully in control of that information, (hereinafter 
referred to as “the rightful holder”) and in a manner contrary to 
honest business practices shall constitute an act of unfair 
competition.
 (2)  The disclosure, acquisition or use of confidential 
information by others without the consent of the rightful holder 
may, in particular , result from —
(a)  industrial or commercial espionage;               
(b)  breach of contract;           
(c)  breach of confidence;              
(d)  inducement to commit industrial or 
commercial espionage, breach of confidence 
or contract; or              
(e)  acquisition of confidential information by a 
third party who knew or was grossly negligent 
in failing to know  that this acquisition 
entailed one of the foregoing acts.
(3)   For the purposes of this section, information shall 
be considered “undisclosed information” if  —
(a) it is secret in the sense that it is not, as a body 
or in the precise configuration and assembly 
of its components, generally known among or 
readily accessible to persons within the 
circles that normally deal with the kind of 
information in question;
(b) it has commercial value because it is secret;  
andRight to a
patentUnfair
competition
concerning
undisclosed
information
The first to
file rule
Naming of
inventor[28th April 2014] Supplement to Official Gazette 111 166 Supplement to Official Gazette [28th April 2014](2) Any promise or undertaking by the inventor made 
to any person to the effect that he or she will make such 
declaration shall be without legal effect.
Chapter - 3 Application, Examination and Granting of Patents
10.(1) The person having the right to a patent for an 
invention in accordance with section 9 may, upon payment of 
the prescribed fees, apply to the Registrar for the grant of a 
patent for that invention.
(2) The application for a patent shall be made in 
writing in prescribed form and shall contain a request, a 
description, one or more claims, an abstract, and where 
required, one or more drawings.
(3) In accordance with subsection (2) —
(a) the request shall contain a petition to the 
effect that a patent be granted, the name of 
and other prescribed data concerning the 
applicant, the inventor and the agent, if any, 
and the title of the invention and in a case 
where the applicant is not the inventor , the 
request shall be accompanied by a statement 
justifying the applicant's right to the patent;
(b) the description shall disclose the invention in 
a manner sufficiently clear and complete for 
the invention to be carried out by an ordinary 
person having skill in the art, at the filing date 
or, as the case may be, at the priority date and 
shall, in particular , indicate at least one mode 
known to the applicant for carrying out the 
invention —
(i) where an invention involves use of 
genetic or biological resources and 
associated traditional knowledge, the (a) manufacturing process of a product;
(b) suitability of goods or services for a specific 
use  or purpose;
(c) quality or quantity or other characteristics of 
goods or services;
(d) geographical origin of goods or services;
(e) conditions on which goods or services are 
offered or supplied; or
(f) price of goods or services or the mode of 
calculation.
105.(1)   Any false or abusive allegation which, in the 
course of industrial or commercial activities, in relation to 
industrial property rights, discredits or is likely to discredit 
another's enterprise or its activities, in particular the goods or 
services offered by such enterprise, shall constitute an act of 
unfair competition.
(2)  Discrediting may arise out of advertising or 
promotion and, in particular , occur with respect to the —
(a)   manufacturing process for goods;
(b)   suitability of goods or services for a specific 
use or purpose;
(c)   quality or quantity or other characteristics of 
goods or services;
(d)  conditions on which products or services are 
offered or supplied; or
      
(e)  price of goods or services or the mode of 
calculation.Application
Discrediting
another ’s
enterprise or
its activities[28th April 2014] Supplement to Official Gazette 165 112 Supplement to Official Gazette [28th April 2014]description shall clearly identify the 
origin of the resource; and
(ii) the description of an invention may be 
used to interpret the claims;
(c) the claim or claims shall define clearly and 
concisely the matter for which protection is 
sought and shall be fully supported by the 
description; and
 (d) the abstract, which must be concise and 
precise, shall merely serve the purpose of 
technical informat ion and shall not be taken 
into account for the purpose of interpreting 
the scope of protection.
(4) Drawings shall be required when they are deemed 
necessary for the understanding of the invention.
(5) An applicant may withdraw the patent application 
at any time before a patent is granted.
(6) An applicant who is not domiciled or who has no 
established business in Seychelles shall appoint an agent who 
is domiciled in Seychelles.
(7)  An application may be made by an agent and the 
power of attorney from the applicant shall be submitted prior to 
granting of the patent.
11.(1) The application shall relate to one invention only 
or to a group of inventions so linked as to form a single general 
inventive concept.
(2)  The applicant may, at any time prior to the grant of 
patent, divide the application into two or more applications 
(“divisional applications”), provided that each divisional 
application shall not go beyond the disclosure in the initial 
application.of another's enterprise shall constitute an act of unfair 
competition, whether or not this act or practice creates 
confusion.
(2) The damage to another's goodwill or reputation 
may, in particular , result from the dilution of the goodwill or 
reputation attached to —
(a) a mark, whether registered or not;
(b) a trade name;
(c) any distinctive sign other than a mark or a 
trade name;
(d) a product's external appearance;
(e) the presentation of goods or services; or
(f) a famous person or a well-known fictional 
character . 
(3)  The lessening of the distinctive nature or 
advertising value of a mark, trade name or any other distinctive 
business sign, a product's external appearance or the 
presentation of goods or services or of a famous person or well-
known fictional character shall constitute “dilution of goodwill 
or reputation” for the purposes of subsection (2).
104.(1)   Any act or practice, in the course of industrial or 
commercial activities, in relation to industrial property rights 
that misleads, or is likely to mislead the public with respect to an 
enterprise or its activities, in particular , the goods or services 
offered by such enterprise, shall constitute an act of unfair 
competition.
(2)   The public may be misled by advertising or 
promotional activities, in particular , with respect to the —Unity of
invention and
division of
applicationMisleading
the public[28th April 2014] Supplement to Official Gazette 113 164 Supplement to Official Gazette [28th April 2014](3) Where an application is divided, each divisional 
application shall be entitled to the filing date or, where 
applicable, the priority date of the initial application.
(4) The fact that a patent has been granted on an 
application that did not comply with the requirement of unity of 
invention under subsection (1) shall not be a ground for the 
invalidation of the patent.
 12. The applicant may, at any time prior to the grant of 
patent, amend the application, provided that the amendment 
shall not go beyond the original claims in the initial application.
13.(1) The application may contain a declaration 
claiming a right of priority as provided for in the Paris 
Convention, of one or more earlier national or regional 
applications filed by the applicant or his predecessor in title in 
or of any state party to the Convention or any member state of 
the World Trade Organisation. 
(2) Where the application contains a declaration under 
subsection (1), the Registrar may request the applicant to 
furnish, within the prescribed period, a copy of the earlier 
application certified as correct by the office with which it was 
filed. 
(3) The period of claiming right of priority , under sub-
section (1) is 12 months beginning from the first filing date, 
excluding the date of filing, of the invention in a foreign 
country .
(4)  When the application is made within the period of 
priority , the filing in Seychelles of that application before the 
expiration of the period of priority shall not be invalidated by 
reason of any acts accomplished in the interval, in particular , 
another filing, the publication or exploitation of the invention, 
and such acts cannot give rise to any third-party right or any 
right of personal possession.over competitors or which lead to such 
advantages being obtained, such as the 
breach of environmental or labor law.
(3)  Any person damaged or likely to be damaged by 
an act of unfair competition shall be entitled to the remedies 
referred to in Part VIII. 
(4)  The provisions of this Part shall apply 
independently of, and in addition to, any written law protecting 
inventions, utility models, industrial designs, layout-designs, 
distinctive signs, literary and artistic works and other 
intellectual property subject matters.
102.(1) Any act or practice which, in the course of 
industrial or commercial activities,  in relation to industrial 
property rights creates or is likely to create confusion with 
another's enterprise or its activities, in particular with the goods 
or services offered by such enterprise, shall constitute an act of 
unfair competition.
(2) The confusion may relate in particular to —
(a) a mark, whether registered or not;
(b) a trade name;
(c) any distinctive sign other than a mark or a 
trade name;
(d) a product's external appearance;
(e) the presentation of goods or services; or
(f) a famous person or a well-known fictional 
character .
103.(1)  Any act or practice, in the course of industrial or 
commercial activities, in relation to industrial property rights 
that damages, or is likely to damage, the goodwill or reputation Amendment
of application
Confusion
with another ’s
enterprise or
its activities
Damaging
another ’s
goodwill or
reputationRight of
priority[28th April 2014] Supplement to Official Gazette 163 114 Supplement to Official Gazette [28th April 2014](5) Where the Registrar finds that the requirements 
under this section and the regulations pertaining thereto have 
not been fulfilled, the said declaration shall be considered not 
to have been made.  
14.(1) The applicant shall, at the request of the Registrar , 
furnish the date and number of any application for a patent 
filed by him or her abroad relating to the same or essentially the 
same inventions as that claimed with the Registrar .
(2) The applicant shall, at the request of the Registrar , 
furnish the following documents relating to the foreign 
applications referred to in subsection (1) —
(a)  a copy of any communication received by the 
applicant concerning the results of any 
search or examination carried out in respect 
of the foreign application;
(b)  a copy of the patent granted on the basis of 
foreign patent application; and
(c)  a copy of any final decision rejecting the 
foreign application or refusing the grant of 
the patent requested in the foreign 
application.
  
(3)   The applicant shall, at the request of the Registrar , 
furnish a copy of any final decision invalidating the patent 
granted on the basis of the foreign application referred to in 
subsection (2).
15.(1) The Registrar shall approve the date of receipt of 
the application as the filing date, provided that, at the time of 
receipt, the application contains —
(a) an express or implicit indication that the 
granting of a patent is sought;(3)  Where the amendment involves one or more 
substantial elements, the amendment shall comply with the 
procedure laid down in sections 90 to 93. 
(4) In any proceedings under this section, notice of the 
request shall be —
(a) served on the persons who filed the 
application for registration of the 
geographical indication or his or her 
successor in title; and 
(b)  given by publication in the Gazette to all 
persons having the right to use the registe red 
geographical indication.
PART VII - UNF AIR COMPETITION AND 
UNDISCLOSED INFORMA TION
101.(1) Any act or practice carried out or engaged in, in the 
course of industrial or a commercial activity , in relation to 
industrial property rights and which is contrary to honest 
practices, shall constitute an act of unfair competition.
(2)   An act or practice that is contrary to honest 
practices, for the purposes of this part, shall mean practices that 
include —
(a) breach of contract;
(b) breach of confidence and inducement to 
breach of confidence or contract;
(c) the acquisition of undisclosed information by 
third parties who knew , or were grossly 
negligent in failing to know , that such 
practices were involved in the acquisition;
(d) any violation of a legal obligation in general 
with a view to obtaining unlawful advantages Information
concerning
corresponding
foreign
application for
patents
General
principles
Filing date[28th April 2014] Supplement to Official Gazette 115 162 Supplement to Official Gazette [28th April 2014](b) indications allowing the identity of the 
applicant to be established; and
(c) a part which, on the face of it, appears to be a 
description of an invention.
(2)  If the Registrar determines that the application did 
not, at the time of receipt, fulfil the requirements referred to in 
subsection (1), he or she shall invite the applicant to file the 
required correction and shall accord as the filling date the date 
of receipt of the required correction, but if no correction is 
made, the application shall be treated as if it had not been filed.
(3)  Where the application refers to drawings, which in 
fact are not included in the application, the Registrar shall invite 
the applicant to furnish the missing drawings —
(a) if the applicant complies with the said 
invitation, the Registrar shall accord as the 
filing date the date of receipt of the missing 
drawings; or
(b) if the applicant does not comply with the said 
invitation, the Registrar shall accord as the 
filing date the date of receipt of the 
application and shall treat any reference to the 
said drawings as non-existent.
16.(1) The Registrar , after approving a filing date, shall 
examine whether the application complies with the 
requirements of section 10 (2) and (3) and the Regulations 
pertaining thereto.  
(2) When, upon formal examination, the application is 
not in conformity with the requirements laid down in this Act 
and in the Regulation, the Registrar shall invite the applicant to 
amend the application. If the applicant fails to amend as 
required within a period of 60 days, the application shall be 
considered withdrawn. request of an interested party , if the use of this indication in the 
mark for such products in Seychelles is such as to mislead the 
public as to the true place of origin.
98.(1)   The registration of a mark for wines which 
contains or consists of a geographical indication used to 
identify wines, or for spirits which consists of or contains an 
indication identifying spirits, shall be refused or invalidated by 
the Registrar or the Court at the request of an interested party , 
with regard to wines or spirits which do not have this origin.
(2) For the purposes of subsection (1) the use of a 
geographical indication identifying wines for wines not 
originating in the place indicated by the geographical 
indication in question, or identifying spirits for spirits not 
originating in the place indicated by the geographical 
indication in question, even where the true origin of the goods 
is indicated or the geographical indication is used in translation 
or accompanied by expressions such as “kind”, “type”, “style”, 
“imitation” or the like, shall be refused or invalidated by the 
Registrar .
99.  Where the registration of a mark has been 
requested in good faith, or the rights over the mark have been 
acquired by use in good faith prior to the date of 
commencement of this Act, or before the geographical 
indication is  protected in its country of origin, this Act shall 
not prevent the possibility of registering the mark or impede 
the validity of the registration of the mark, or the right to use the 
mark, for the reason that this mark is identical or similar to a 
geographical indication.
100.(1)  Any interested person or the Registrar may 
request the Court to order the invalidation of the registration of 
a geographical indication on the ground that it does not meet 
the criteria for protection under this Act.
(2)  A group having a legitimate interest may apply for 
approval of an amendment to a registration of a geographical 
indication. Examination
of applicationMarks
conflicting
with a
geographical
indication for
wines and
spirits
Relationship
between
geographical
indications
and pre-
existing
trademark
rights
Invalidation
or
amendment
of
registration116 Supplement to Official Gazette [28th April 2014] [28th April 2014] Supplement to Official Gazette 161Chapter 4 - Grant of a Patent, Duration of a Patent and 
Annual Fees
17.(1) A patent shall be granted, where the Registrar 
finds that the conditions referred to in section 16 (1) are 
fulfilled or otherwise he or she shall refuse the application and 
notify the applicant of that decision.
 
(2)  When a patent is granted the Registrar shall —
(a) publish a reference to the grant of the patent 
in the Gazette ;
(b) issue the applicant a certificate of the grant of 
the patent and a copy of the  patent;
(c) record the patent; and
(d) make available copies of the patent to any 
person on payment of the prescribed fee.
(3) The Registrar shall upon request of the patentee, 
make changes in the text or drawings of the patent in order to 
limit the extent of the protection conferred thereby , provided 
that the change may not result in the disclosure contained in the 
patent going beyond the disclosure contained in the initial 
application on the basis of which the patent was granted.  
18.(1)  A patent shall confer on its owner the right to 
prevent third parties from exploiting the patented invention in 
Seychelles. 
(2) For the purposes of this Act, “exploitation of a 
patented invention” means any of the following acts —
(a) when the patent has been granted in respect 
of a product —
(i) making, importing, offering for sale, 
selling and using  the product; (d)  any action in violation or contravention under 
the Fair Competition Act, 2009.
(4)  The protection under this Act shall also be 
available against —
(a) the use of a geographical indication which, 
although literally true as to the territory , 
region or locality in which the goods 
originate, falsely represents to the public that 
the goods originate in another territory;
(b) against the use of a geographical indication 
which, even if identifying goods truly 
originating in the place designated by that 
geographical indication, designates goods 
that do not contain or present the quality , 
reputation or other characteristic that is 
essentially attributed to the goods in reason of 
their geographical origin.
(5) The provisions of this section shall not prejudice 
the right of any person to use, in the course of trade, that person's 
name or the name of that person's predecessor in business, 
except where such name is used in such a manner as to mislead 
the public.
96.(1)  Subject to subsection (2) the term of a registered 
geographical indication shall be indefinite.
(2) A registered geographical indication shall be 
protected as long as the specific characteristics, quality or 
reputation which have been the basis for the grant of the 
protection, exist.
97.  The registration of a mark which contains a 
geographical indication, or consists of such an indication, 
relating to goods which do not originate from the territory shall 
be refused or invalidated by the Registrar or the Court, at the Grant of a
patent and
changes in a
patent
Rights
conferred
by patentDuration of
protection
Misleading
marks[28th April 2014] Supplement to Official Gazette 117 160 Supplement to Official Gazette [28th April 2014](ii) stocking such product for the purposes 
of offering for sale, selling or using; 
(b) when the patent has been granted in respect of 
a process —
(i) using the process; 
(ii) doing any of the acts referred to in 
paragraph (a) in respect of a product 
obtained directly by means of the 
process.
(3)  The patentee shall, in addition to any other rights, 
remedies or actions available to him or her, have the right, 
except under circumstances provided under sections 19, 20 and 
26, to institute proceedings in the Court against any person who 
infringes the patent by performing, without his or her 
agreement, any of the acts referred to in subsection (2) or who 
performs acts which make it likely that infringement will occur .
19. The rights of the patentee shall not extend to —
(a) acts done only for experimental purposes 
relating to a patented invention; 
(b) acts in respect of articles which have been put 
on the market in and outside of Seychelles, by 
the patentee or with his or her consent; 
(c)  the use  of articles on aircraft, land vehicles or 
vessels of other countries which temporarily 
or accidentally enter the air space, territory or 
waters of Seychelles;
(d) acts done privately and on a non-commercial 
scale or for non-commercial purpose, 
provided that it does not significantly 
prejudice the economic interests of the patent 
owner; 94. The producers carrying on their activity in the 
geographical area specified in the Register shall have the right 
to use a registered geographical indication, in the course of 
trade, with respect to the goods specified in the Register for that 
indication, provided that such products possess the quality , 
reputation or other characteristic specified in the Register .
95.(1)  The geographical indications shall be protected 
against  
(a) the use, in the designation or presentation of 
goods, of any means indicating or suggesting 
that the goods in question come from a 
geographical region other than the true place 
of origin in a way which misleads the public 
as to the geographical origin of the goods; 
and
(b) any use which constitutes an act of unfair 
competition within the meaning of Article 
10bis of the Paris Convention; 
(3) The following in particular shall be prohibited —
(a)  all acts of such a nature as to create confusion 
by any means whatever with the 
establishment, the goods, or the industrial or 
commercial activities, of a competitor;
(b)  false allegations in the course of trade of such 
a nature as to discredit the establishment, the 
goods, or the industrial or commercial 
activities, of a competitor;
(c)  indications or allegations the use of which in 
the course of trade is liable to mislead the 
public as to the nature, the manufacturing 
process, the characteristics, the suitability for 
their purpose, or the quantity , of the goods;Limitations
of rightRight to use a
geographical
indication
Rights
conferred[28th April 2014] Supplement to Official Gazette 159 118 Supplement to Official Gazette [28th April 2014](e) acts of extemporaneous preparation in a 
pharmacy of a me dicine for an indi vidual in 
accordance with prescription given by a 
registered medical or dental practitioner; or
(f) acts of making, constructing, using, or 
selling the patented invention solely for uses 
reasonably related to the development and 
submission of information required under 
any law of Seychelles or another country that 
regulates the manufacture, construction, use 
or sale of any product, provided that any 
product produced under such authority shall 
not be made, used, or sold in the country 
other than for purposes related to generating 
such information, and that the product shall 
only be exported for the purposes of meeting 
marketing approval requirements.
20.(1) Any person who in good faith, before the filing or, 
where priority is claimed, the priority date of the application on 
which the patent is granted, was using the invention or was 
making effective and serious preparations for such use in 
Seychelles, has a personal right to continue such use or to use 
the invention as envisaged in such preparations. 
  (2)  The right of prior users referred to in subsection (1) 
may be transferred only together with the enterprise or 
business, or with that part of the enterprise or business, in which 
the use or preparations for use have been made. 
21.  A patent shall be granted for a period of 20 years 
commencing from the filing date of the application for 
protection. 
 22.(1)  In order to maintain the patent or patent 
application, an annual fee shall be paid in advance to the 
Registrar for each year, starting 1 year after the filing date of 
the application for grant of the patent.  (2)  When the Registrar finds that the application is 
acceptable after its examination, he or she shall cause the 
application, as accepted, to be published in the prescribed 
manner .
92.  Any interested person may, within the periods set 
and in the prescribed forms, file an objection to the registration 
of a geographical indication with the Registrar , on the grounds 
that one or more of the conditions set out in sections 2, 88 and 90 
have not been met.
93.(1)    The Registrar shall register a geographical 
indication and issue to the applicant a certificate of registration 
upon payment of the fee prescribed by the Regulations where it 
finds that —
(a)   the conditions referred to in section 91 and the 
Regulations are fulfilled; and
(b) the request for registration of the 
geographical indication has not been 
objected, or it has been objected and the 
objection has been rejected.
(2)  Where the Registrar finds that the conditions 
referred to in subsection (1) are —
(a) fulfilled, he or she shall register the 
geographical indication, publish a reference 
to the registration in prescribed manner and 
issue to the applicant a certificate of 
registration; or
(b) not fulfilled he or she shall reject the 
application and notify its decision to the 
applicant in writing explaining the reasons for 
his or her decision.Right of a
prior user
Duration
of patentObjection
Registration
Annual
fees[28th April 2014] Supplement to Official Gazette 119 158 Supplement to Official Gazette [28th April 2014](2) If the annual fee is not paid within the period 
specified in subsection (1), the annual fee may be paid within 6 
months along with the prescribed surchar ge.
(3) If an annual fee is not paid in accordance with the 
provision of subsection (1) or (2), the patent application shall be 
deemed to have been withdrawn and the patent shall lapse.
Chapter 5 - Non-V oluntary Licences
23.  A non-voluntary licence for the exploitation of a 
patented invention may be issued where —
(a) the public interest, in particular , national 
security , nutrition, health or the development 
of other vital sectors of the national economy 
so requires;
(b)  the patented invention is not or insuf ficiently 
exploited in Seychelles by the patentee or a 
person authorised by him or her without 
legitimate reason, after  a period of 4 years 
from the date of filing of the patent 
application or 3 years from the date of the 
grant of the patent, whichever period expires 
last; or
(c) the Court has determined that the manner of 
exploitation by the patentee or his or her 
licensee is anti-competitive;
(d) there are reasonable grounds that the way in 
which the patentee or his or her licensee are 
exploiting the invention is abusive, anti-
competitive or fails to meet reasonable 
conditions of demand for the protected 
product in sufficient quality and quantity; or 
(e) an invention protected in a subsequent patent 
cannot be ef fectively exploited in Seychelles indications with respect to goods where the producers of those 
goods are not formally organised and  may not apply for, obtain 
and enforce the registration of geographical indications.    
(3) The government body shall be the custodian of 
those geographical indications until it or the Court is satisfied 
that the persons or entities entitled to own and enforce rights in 
geographical indications are organised under the applicable 
laws or regulations.
90.(1)  An application for registration of a geographical 
indication shall be filed with the Registrar .
(2)  The application shall contain —
(a)  the name, address and nationality of the 
applicant;
(b)   the geographical indication for which 
registration is requested;
(c)   the geographical area to which the 
registration of the indication shall apply;
(d)  the goods for which the geographical 
indication shall apply;
(e)  the quality , reputation or other characteristics 
of the goods for which the geographical 
indication is used; and
(f)  any other matter prescribed in the 
Regulations.
(3)  The application shall be subject to payment of the 
prescribed fee.
91.(1)   The Registrar shall examine the application and 
verify that it complies with the conditions set out in sections 2, 
88 and 90 and with the provisions of the Regulations. Grounds
for issuance
of a non-
voluntary
licenceApplication
for
registration
of
geographical
indication
Examination
of
application[28th April 2014] Supplement to Official Gazette 157 120 Supplement to Official Gazette [28th April 2014]without infringing an earlier patent provided 
that the invention claimed in the second 
patent involves an important technical 
advancement of considerable economic 
significance in relation to the invention 
claimed in the first patent .  
24.(1) An application for grant of non-voluntary licence 
should be made to the Registrar upon payment of the 
prescribed fee.
(2) The application shall be accompanied with the 
evidence that the applicant was unable to obtain a licence on 
reasonable terms and conditions within a reasonable period 
and that he or she is capable of working the patented invention 
in Seychelles. 
(3) The requirement for evidence of a prior attempt to 
obtain a voluntary licence under subsection (1) shall not apply , 
where the request for non-voluntary licence is based on the 
grounds of national emer gency or other circumstances of 
extreme urgency or in cases of public non-commercial use. 
(4) Each application for a non-voluntary licence shall 
be considered by the Registrar on its individual merits.
25.(1) Where the Registrar finds the application to be 
satisfactory , it shall grant a non- voluntary licence.
(2)   The non-voluntary licence shall be registered and               
published in the Gazette . 
(3)  The grant of the non-voluntary licence shall not 
exclude —
(a) the exploitation of the patented invention or 
conclusion of licence contracts by the   
patentee; or    (2)  Where the parallel use of these indications is 
authorised, the Registrar shall determine the procedures under 
which the homonymous indications in question shall be 
differentiated from each other , taking into account the need to 
provide equitable treatment for the producers concerned and to 
ensure that consumers are not misled.
 
88. The following geographical indications shall be 
excluded from protection —
(a)  geographical indications which do not fit to 
the definition of section 2; 
(b)  geographical indications which are contrary 
to public order and morality; 
(c) geographical indications which are not 
protected in their country of origin or cease to 
be protected in their country of origin, or 
which have fallen into disuse in this country; 
(d) indications for goods which are identical to 
the term commonly used in current language 
as the common name for these goods in 
Seychelles. 
89.(1)  The following shall have the right to file an 
application for protection of geographical indications —
(a)   a group of producers or a legal entity of 
groups of producers which operate in a 
specified geographical area and with respect 
to a specified goods; or
(b)    a government body .
(2)  A government body on its own initiative or upon 
request of any of the persons designated in subsection (1)(a), 
file for, obtain and enforce the registration of geographical Application
for non-
voluntary
licenceGeographical
indications
excluded
from
protection
Right to file
applicationGrant of
non-voluntary
licence[28th April 2014] Supplement to Official Gazette 121 156 Supplement to Official Gazette [28th April 2014](b) the grant of other non-voluntary licences.
(4) Where a non-voluntary license is granted based on 
an application under section 23(e), the owner of the earlier 
patent or his licensee shall be entitled to a cross-licence on 
reasonable terms to use the invention claimed in the subsequent 
patent.
(5) The use authorised in respect of the earlier patent 
shall be non-assignable, except with the assignment of the later 
patent.
(6) The scope and duration of the non-voluntary 
licence shall be limited to the purpose for which it was 
authorised.
26.(1) Any person who is granted a non-voluntary licence 
shall have the right to exploit the patented invention in 
Seychelles predominantly to meet the needs of the domestic 
market according to the terms set down in the decision granting 
the licence. 
(2)  The person who is granted a non-voluntary licence 
may only transfer the right under subsection (1) together with 
the enterprise or part of the enterprise within which the patented 
invention is exploited. 
(3)  A person who is granted a non-voluntary licence 
for the exploitation of a patented invention shall have the duty 
to —
  (a) commence exploitation of the patented 
invention in Seychelles within the period 
fixed in the decision granting the non-
voluntary licence and, thereafter, shall 
exploit the patented invention sufficiently in 
Seychelles in accordance with the terms and 
conditions set by the Registrar; and
(b) pay the patentee a reasonable exploitation 
fee, the amount of which shall be fixed by (2)  Notwithstanding any written law providing for the 
obligation to register trade names, such trade names shall be 
protected, even prior to or without registration, against any 
unlawful act committed by third parties.
 (3)  Any subsequent use of the trade name by a third 
party , whether as a trade name or a mark, certification mark or 
collective mark, or any such use of a similar trade name or 
mark, likely to mislead the public, shall be deemed unlawful.
Chapter 6 - Special Provisions relating to Licences and 
Assignments of Marks
85.(1)  The owner of a registered mark shall have the 
right to assign it without the transfer of the business to which 
the mark belongs.
(2)  The provision of subsection (1) shall not apply to 
certification marks otherwise than with the consent of the 
Court.
86.(1)  Any licensing contract relating to a registered 
mark or an application therefor , shall provide for effective 
control by the licensor of the quality of the goods or services of 
the licensee in connection with which the mark is used, where 
such control is appropriate or necessary .
(2) If the licensing contract does not provide for such 
quality control or if such quality control is not effectively 
exercised, the licensing contract shall not be valid, and the 
Court may declare the mark as abandoned by its owner .
(3)   A registered collective mark or an application for 
the registration of a collective mark may not be the subject of a 
licensing contract.
Chapter 7 - Geographical Indications
87.(1)  In the case of homonyms of geographical 
indications for wines, protection shall be granted for each 
indication, subject to the provisions of section 94. Rights and
obligations of
beneficiary of
non-voluntary
licenceAssignment
of a mark
Licensing of
marks and
collective
marks
Homonyms of
geographical
indications
for wines[28th April 2014] Supplement to Official Gazette 155 122 Supplement to Official Gazette [28th April 2014]agreement of all parties, unless otherwise 
provided for under this Act or an 
international agreement.
(4)  Where the parties cannot agree on the amount of 
the fee under subsection (3) (b), the amount shall be fixed by 
the Registrar . The decision of the Registrar with regard to the 
remuneration may be subject to appeal before the Court.
27. The Registrar shall terminate the non-voluntary 
licence, at the patentee's request, where —
(a) the circumstances for granting the non-
voluntary licence have changed; or 
(b) the beneficiary of  the non-voluntary licence 
has failed to respect the terms and conditions 
set by the Registrar when  granting the non-
voluntary licence.                      
Chapter 6 - T ermination, Surrender and Invalidation
of a Patent
 28. A patent shall terminate, if —
(a) the patentee surrenders it by a written 
declaration to the Registrar; or
(b) the annual fee is not paid when due.
29. Surrender of a patent —
(a) may be limited to one or more claims of the 
patent; 
(b) shall be immediately registered and 
published by the Registrar; and
(c) which has been subjected to a licence shall 
only take effect upon submission of a 
declaration by which the regi stered licensee 
consents to the surrender .83.(1)  Subject to subsections (2), (3), (4) and (5) the 
provisions of Chapters 1 to 4 of this Part, shall apply to 
certification marks as they apply to marks.
(2)  The application for the registration of a 
certification mark must designate the mark as a certification 
mark and shall be accompanied by the terms and conditions 
governing its use.
(3)  The registered owner of a certification mark shall 
notify the Registrar of any changes made in respect of the terms 
and conditions referred to in subsection (2). 
(4) The owner of a certification mark may not use the 
mark to identify or certify his or her own goods or services.
(5) Any person who has proved that he or she satisfies 
the technical standards and other requirements of the terms and 
conditions referred to in subsection (2) may not be refused the 
right to use the certification mark in accordance with the terms 
and conditions referred to in subsection (2).
(6) In addition to the grounds provided in section 
80(1), the Court shall, upon request of any interested person, 
remove the registration of a certification mark if the person 
requesting the removal proves that the owner of the certification 
mark uses it, or allows its use in contravention of the terms and 
conditions referred to in subsection (2) or that he or she allows 
its use in a manner liable to deceive trade circles or the public as 
to the origin or any other common characteristics of the goods 
or services concerned. 
 84.(1)  A name or designation may not be used as a trade 
name if, by its nature or through the use that can be made of it, 
which is contrary to public order or morality and in particular , is 
likely to deceive business circles or the public as to the nature of 
the enterprise designated by the name.Termination
of non-
voluntary
licence
Termination
of a patent
Surrender of
a patentCertification
mark
Trade name[28th April 2014] Supplement to Official Gazette 123 154 Supplement to Official Gazette [28th April 2014]30.(1) Any interested person may request the Court to 
invalidate a patent.
(2)  The Court shall invalidate the patent in whole or in 
part if the person requesting the invalidation proves that the —
     (a) subject matter of the patent is —
(i) not an invention within the meaning of 
section 2; or
(ii) does not meet the requirements of 
patentability; or 
(iii) is excluded from patent protection 
according to sections 6 and 7;
(b) description does not disclose the invention in 
a manner sufficiently clear and  complete for 
it to be carried out by a person skilled in the 
art; or   
 (c) owner of the patent is not the inventor or the 
employer of the inventor or his or her 
successor in title.
(3) Any invalidated patent, claim or part of a claim, 
shall be regarded as null and void from the date of grant of the 
patent.
(4) The final decision of the Court shall be notified to 
the Registrar , who shall record it and publish a reference thereto 
in the Gazette .
31.   In the event a dispute over the rights relating to the 
patent arises, the interested person who won the case may apply 
the Court to transfer the title to him or her instead of 
invalidating it under section 30.
PART III - UTILITY  MODELS CER TIFICA TES
32.(1)  A minor invention that possesses novelty and 
industrial applicability shall give rise to a right to protection.of the date of registration, and it shall be recorded and a 
reference thereto published in the Gazette .
81.(1)  Any interested person may request the Court to 
invalidate the registration of a mark.
(2)  The Court shall invalidate the registration, if the 
person requesting the invalidation proves that any of the 
requirements of sections 2, 65 and 66 is not fulfilled.
(3)  Any invalidation of a registration of a mark shall 
be deemed to have been effective as of the date of registration, 
and it shall be recorded and a reference thereto published in the 
Gazette .
Chapter 5 - Collective Marks, Certification Marks and 
Trade Names
 82.(1)  Subject to subsections (2) to (4), the provisions of 
Chapters 1 to 4 of this Part, shall apply to collective marks as 
they apply to marks.
(2) An application for registration of a collective 
mark shall designate the mark as a collective mark and shall be 
accompanied by a copy of the terms and conditions governing 
the use of the collective mark.
(3) The registered owner of a collective mark shall 
notify the Registrar of any changes made in respect of the terms 
and conditions referred to in subsection (2).
(4) In addition to the grounds provided in section 
81(1), the Court shall invalidate the registration of a collective 
mark if the person requesting the removal proves that only the 
registered owner uses the mark, or that he or she uses or permits 
its use in contravention of the terms and conditions referred to 
in subsection (2) or that he or she uses or permits its use in a 
manner liable to deceive trade circles or the public as to the 
origin or any other common characteristics of the goods or 
services concerned.Invalidation
of a patent
Transfer of
patent
Protection
of minor
inventionsInvalidation
of registration
Collective
marks[28th April 2014] Supplement to Official Gazette 153 124 Supplement to Official Gazette [28th April 2014](2)  The right shall be evidenced by a utility model 
certificate issued by the Registrar .
 33.(1) A minor invention shall not be considered new if, 
at the time of filing of the application, it has already been 
described in printed publications, made available to the public 
or has already been publicly used in Seychelles.
(2)  Any description or use, within 6 months prior to 
the filing of the application, shall not destroy novelty if it is 
based on the work of the applicant.
34. The following shall not be protected by a utility 
model certificate —
(a) changes in the shape, proportions or material 
of a patented object or of one that forms part 
of the  public domain, except where such a 
change alters the qualities or functions or the 
object thereby producing an improvement in 
its use or the effects of its intended functions;
(b) the mere replacement of elements in a known 
combination by other known elements 
having an equivalent function, which does 
not thereby produce an improvement in its 
use or the effect of its intended functions; or
(c) a minor invention that is contrary to public 
order or morality .
35. The Registrar shall, after approving a filing date, 
undertake a formal examination of the application and take a 
decision to grant or refuse a utility model certificate thereon.
36.(1) Where the Registrar decides to grant a utility 
model certificate he or she shall issue a utility model certificate 
to the successful applicant.
(2)  The grant of the certificate shall confer the 
exclusive right to exploit the minor invention and prevent third that is the subject of the application for 
registration by reason of any previous use of 
the trade mark that has been removed.
. 
Chapter 4 - Renunciation, Removal and Invalidation of a 
Registered Mark
 79.(1) The owner of a registered mark, who wishes to 
renounce the registration either wholly or in respect of part of 
the goods or services, for which the mark is registered, may 
submit his or her application to the Registrar for the 
renunciation  of the registration of the mark.
(2)     When a registered mark has been subject to a 
licence contract, the request for the renunciation of the right 
shall be accepted only upon submission of a written declaration 
by which the licensee consents to the renunciation.
(3) The Registrar , upon receiving the application 
submitted pursuant to subsection (1), shall cause the 
publication of such renunciation in the Gazette .
(4)   The renunciation of registration shall be e ffective 
only after the decision for cancellation has been entered into the 
register .
80.(1)   Any interested person may apply to the Court to 
order the removal of a mark from the register in respect of any 
of the goods or services for which it is registered on the ground 
that the mark has not been used by the registered owner or a 
licensee for an uninterrupted period of 3 years or more.
(2)  A mark shall not be removed if it is proved that 
special circumstances prevented the use of the mark and that 
there was no intention not to use or to abandon it in respect of 
those goods or services.
(3)  Any removal on the grounds of non-use of a 
registration of a mark shall be deemed to have been effective as Non-
existence of
novelty
licence
Non-
protectable
subject
matters
Examination
Issuance of
utility model
certificateRenunciation
of right
Removal on
grounds of
non use[28th April 2014] Supplement to Official Gazette 125 152 Supplement to Official Gazette [28th April 2014]parties from exploiting the minor invention without the 
authorisation of the rightsholder .
37.(1) At any time prior to the grant or refusal of a patent 
an applicant for a patent may , upon payment of the prescribed 
fee, convert his or her application into an application for a 
utility model certificate, which shall be accorded the filing date 
of the initial application. 
(2) At any time prior to the grant or refusal of a utility 
model certificate, an applicant for a utility model certificate 
may, upon payment of the prescribed fee convert his or her 
application into a patent application, which shall be approved 
as the filing date of the initial application.
(3) An application may not be converted more than 
once under subsections (1) and (2).
38.(1) A utility model certificate is granted for a period of 
10 years from the filing date of the corresponding application.
(2)  Application for renewal of the certificate shall be 
filed, with the Registrar within 90 days prior to the expiration of 
the period of protection upon payment of the prescribed fees.
39.  The relevant provisions of Part II of this Act shall 
apply mutatis mutandis  to utility model certificates.
PART IV - INDUSTRIAL  DESIGNS
40.(1) An industrial design shall be protected under this 
Act if it is independently created and new. 
(2) An industrial design shall be considered  new if it 
has not been disclosed to the public, anywhere in the world, by 
publication in tangible form or by use or in any other way,  prior 
to the filing date or, where applicable, the priority date of the 
application for registration.  
(3) Notwithstanding the provisions of subsection (2), 
the disclosure to the public of the industrial design shall not be (2)     At the time of the renewal, no change may be 
made in the mark or in the list of goods or services in respect of 
which the mark is registered, except that certain goods or 
services may be eliminated from the list.
(3)    The renewal of the registration of a mark shall be 
made within 6 months before the date on which the renewal is 
due and shall end at the earliest 6 months after that date.
(4) In the event that the request for renewal is made 
and the renewal fee is paid after the date on which the renewal 
is due, a penalty prescribed by the Regulations shall be paid.
(5)  The Registrar shall record renewal of the 
registration and notify same in the Gazette .
(6)   A mark not renewed within the period specified in 
subsection (3) shall be considered as cancelled.
(7)    The Registrar shall remove the mark from the 
register when it is not renewed in accordance with the 
provisions of this section.
(8)  Where a trade mark has been removed from the 
Register for non-payment of the fee for renewal it shall, 
nevertheless, for the purpose of any application for the 
registration of a trade mark during 1 year next after the date of 
the removal, be deemed to be a trade mark that is already on the 
Register:
 (9) Subsection (8) shall have no effect where the 
Court or the Registrar is satisfied —
(a)  that there has been no bona fide  trade use of 
the trade mark that has been removed during 
the 2 years immediately preceding its 
removal; or
(b)  that no deception or confusion would be 
likely to arise from the use if the trade mark Conversion of
patent
applications
to
applications
for utility
model
certificates
and vice-
versa
Duration of
utility model
certificate
Application 
of rules on
patents
Protection of
industrial
designs[28th April 2014] Supplement to Official Gazette 151 126 Supplement to Official Gazette [28th April 2014]taken into consideration if it occurred within 6 months 
preceding the filling date or, where applicable, the priority 
date, of the application, and if it was by reason or in 
consequence of acts committed by the applicant or his or her 
predecessor in title or an abuse committed by a third party in 
relation to the applicant or his or her predecessor in title. 
 (4)  An industrial design shall not be considered new 
solely by reason of the fact that it differs from an earlier 
industrial design in minor respects or that it concerns a type of 
product different from a product embodying an earlier 
industrial design known in and outside of Seychelles.
41. An industrial design shall not be protected under 
this Act, where —
(a) it is contrary to public order or morality; or
(b) the design is functional and serves solely to 
obtain a technical result.
42.(1) The right to the industrial design shall belong to 
the person who has created it or to his or her successor in title.
(2) Where two or more persons have jointly created 
an industrial design, the right to the design shall belong to them 
jointly .
 (3) Where the industrial design has been created by an 
employee in the execution of a contract of employment, the 
right to the industrial design shall belong to the employer , 
unless the contract stipulates otherwise. 
(4) Where an employment contract does not require 
an employee to exercise any creative activity but an industrial 
design resulted from both the personal contribution of the 
employee and using the resources, data, means, materials or 
equipment of the employer the right to the industrial design, in (4)  The registered owner of a mark shall, in addition to 
any other rights, remedies or actions available to him or her, 
have the right to institute proceedings in the Court against any 
person who infringes the trade mark by using, without his or her 
agreement, the mark as aforesaid or who performs acts which 
make it likely that infringement will occur . 
76.(1)   The rights conferred by registration of a mark shall 
not extend to acts in respect of articles which have been put on 
the market in or outside of Seychelles by the registered owner or 
any other person with his or her consent.
(2) The registration of a mark shall not confer upon its 
owner the right to preclude third parties from using the 
registered mark for information purposes, such as sales 
promotion or comparative advertising, provided that such use is 
not of such a nature as to deceive the public or does not 
constitute unfair competition.
(3)  The registration of a mark shall not confer upon its 
owner the right to preclude third parties from bona fide use of 
their names, addresses, pseudonyms, a geographical name, or 
exact indications concerning the kind, quality , quantity , 
destination, value, place of origin, time of production or supply 
of their goods or services, in so far as such use is confined to the 
purposes of mere identification or information and cannot 
mislead the public as to the source of the goods or services. 
77.  Without prejudice to the provisions of sections 79, 
80 and 81 of this Act, the registration of a mark shall be for a 
period of 10 years from the filing date of the application for 
registration.
 
78.(1)    The registration of a mark may, upon request of the 
owner and payment of renewal fee prescribed by the 
Regulations, be renewed for consecutive periods of 7 years 
each.  Unprotectable
industrial
design
Right to
industrial
designLimitation of
rights
Duration of
registration
Renewal of
registration[28th April 2014] Supplement to Official Gazette 127 150 Supplement to Official Gazette [28th April 2014]the absence of an express term to the contrary , shall belong to 
both the employer and the employee and the industrial design 
shall be owned jointly in equal shares.
(5)  When two or more persons have created the same 
industrial design independently , the right to the industrial 
design shall belong to the person who first filed an application 
for registration or who has the earliest priority date.
43.(1) The creator shall be named as such in the 
application and the industrial design registration certificate, 
unless in a special written declaration addressed to the 
Registrar , the creator indicates that he or she wishes not to be 
named. 
(2) Any promise or undertaking by the creator made to 
any person to the effect that he or she will make such declaration 
shall have no legal effect.
44.(1) An application for registration of an industrial 
design shall be made in the prescribed form and filed with the 
Registrar upon payment of the prescribed application fee.
(2) The application for the registration of an industrial 
design  shall contai n a reques t to regist er, inform ation 
identifying the applicant, drawings, photographs or other 
adequate graphic representation of the product embodying the 
industrial design and an indication of the kind of products for 
which the industrial design is to be used. 
(3) The application —
(a) may be accompanied by a specimen of the 
article embodying the industrial design;  
(b) shall contain any other element or indication 
prescribed in the Regulations; and
(c) shall be accompanied by a statement 74.(1)  The Registrar shall register a mark and issue to the 
applicant a certificate of registration upon payment of the fee 
prescribed by the regulations where it finds that —
(a)   the conditions referred to in this Act and the 
Regulations are fulfilled; and
(b)  the request for registration of the mark has 
not been opposed; or it has been opposed and 
the opposition has been rejected.
(2)  Where the Registrar finds that the conditions 
referred to in subsection (1) are fulfilled, it shall register the 
mark, publish in the Gazette a reference to the registration and 
issue to the applicant a certificate of registration. 
Chapter 3 - Rights conferred by Registration, Duration and 
Renewal of Registration
 75.(1)  The owner of a registered mark has the exclusive 
right to prevent any unauthorised person from using in the 
course of trade any sign that i s identical with or similar to the 
registered mark for goods or services that are identical with or 
similar to the goods and services in respect of which the mark is 
registered where such use would result in a likelihood of 
confusion.
(2) In case of the use of an identical sign for identical 
goods or services, a likelihood of confusion shall be presumed.
(3) The owner of a registered well-known mark has 
the exclusive right to prevent any unauthorised third party from 
using in the course of trade any sign that is identical with or 
similar to the registered well-known mark for goods or services 
that are dissimilar to the goods or services for which the 
registered well-known mark is used where such use would 
indicate a connection between the goods and services for 
which it is used and the owner of the registered well-known 
mark, and where the interests of the owner of the registered 
well-known mark are likely to be damaged by such use.Naming of
creator
ApplicationRegistration
of the marks
and issuance
of certificate
Rights
conferred by
registration[28th April 2014] Supplement to Official Gazette 149 128 Supplement to Official Gazette [28th April 2014]justifying the applicant's right to the 
registration of the industrial design, where 
the applicant is not the creator .
 (4) The application may relate to two or more designs 
incorporated in products belonging to the same class in the 
international classification. 
(5) (a) The applicant may divide the application 
(hereinafter , “the initial application”) at any time during 
pendency in order to separate into two or more applications 
(hereinafter , “divisional applications”) the designs contained 
in the initial application.
(b) A division shall not be accepted if it involves 
a change in or addition to any of the designs contained in the 
initial application.
(c) Each divisional application shall retain the 
filing date and the right of priority of the initial application.
(d) After the division, each divisional 
application shall be independent.
(e) If publication of the application occurred 
before the division, the publication shall have effect for each 
divisional application.
(6)  The applicant may withdraw the industrial design 
registration application at any time prior to the registration of 
the industrial design.
(7)   An applicant may claim a right of priority in his 
application, in which case section 13 shall apply mutatis 
mutandis , except that the period specified in section 13(3) shall 
be construed as 6 months.
(8)  An applicant who is not domiciled or who has no 
established business in Seychelles shall appoint an agent who 
is domiciled in Seychelles.72.(1) Any interested person may, within the period of 60 
days and in the manner prescribed by the Regulations and upon 
payment of the prescribed fee, file an objection, in writing and 
stating the grounds against the registration of the mark with the 
Registrar on grounds that one or more of the requirements of 
sections 2 and 66, and the regulations pertaining thereto are not 
fulfilled.
 (2)    The Registrar shall immediately send a copy of the 
objection to the applicant and the applicant shall furnish to the 
Registrar a counter -statement stating the grounds on which he 
or she relies for his or her application within 1 month after 
receipt of the objection or such further period not exceeding 3 
months, as the Registrar may allow and if the applicant does not 
do so, the application shall be deemed to have been withdrawn.  
(3)    If the applicant sends a counter -statement, the 
Registrar shall furnish a copy of the counter -statement of the 
applicant to the person who made objection and examining the 
merits of the case, which may include hearing either party , 
should they wish to be heard, it shall decide to whether or not to 
proceed with the registration of the mark.
(4)   The Registrar shall furnish copies of its decision 
under subsection (3) to the applicant and the person who filed 
the objection within the period prescribed by the Regulations.
73.(1)   After an application is published and until the 
registration of the mark, the applicant shall enjoy the same 
privileges and rights as he or she would have, if the mark had 
been registered, provided that it shall be valid defence to an 
action brought in respect of an act done after the application was 
published, if the defendant establishes that the mark could not 
have been validly registered at the time the act was done.  
(2)     Any infringement proceedings may not be 
initiated before the date on which the mark is in fact registeredOpposition
Pending cases[28th April 2014] Supplement to Official Gazette 129 148 Supplement to Official Gazette [28th April 2014](9)  An application may be made by an agent and the 
power of attorney from the applicant shall be submitted prior to 
issuing the industrial design certificate.
45.(1) The Registrar shall approve the date of receipt of 
the application as the filing date, provided that, at the time of 
receipt, the application fee is paid and the application contains 
the name of the applicant and a graphic representation of the 
article embodying the industrial design. 
(2)  Where the application does not meet the 
requirements of subsection (1), the Registrar shall invite the 
applicant to remedy the irregularity . In such a case the provision 
of section 15 (2) shall apply mutatis mutandis. 
(3) The Registrar shall, after according a filing date, 
examine whether the application complies with the 
requirements of sections 2 and 44 of this Act and the regulations 
pertaining thereto.
(4) Where the Registrar  finds that the requirements 
referred to in subsection (1) have not been satisfied, it shall 
invite the applicant to make the required corrections; if the 
applicant does not comply with the invitation, the application 
shall be considered withdrawn;
(5) When the Registrar finds that the conditions 
referred to in subsection (3) are fulfilled, it shall register the 
industrial design, publish a reference to the registration in the 
Gazette  and issue a certificate of registration of an industrial 
design upon payment of the prescribed fee, otherwise, he or she 
shall reject the application.
46.(1) The registration of industrial design confers an 
exclusive right on the owner to prevent third parties not having 
the owner's consent from making, selling, stocking for sale or 
importing articles bearing or embodying a design which is a 
copy , or substantially a copy , of the protected design, when such 
acts are undertaken for commercial purposes. (c)  indications sufficient to contact the applicant 
or his or her representative if any;
(d)  a reproduction of the mark which is 
sufficiently clear so that the Registrar is able 
to establish the object of the application;
(e) the list of goods or services for which 
registration of the mark is requested.
(2)  If the Registrar finds that the application did not, 
at the time of receipt, fulfil the requirements referred to in 
subsection (1), it shall invite the applicant to file the required 
correction and shall accord as the filling date the date of receipt 
of the required correction, but if no correction is made, the 
application shall be treated as if it had not been filed.
(3) Notwithstanding to the provisions of subsections 
(1) and (2), no filing date shall be accorded before the required 
fee is paid.
71.(1) The Registrar shall examine and determine 
whether the application meets the requirements of sections 2 
and 66 and related provisions of the regulations.
(2) Where the Registrar  finds that the requirements 
referred to in subsection (1) have not been satisfied, it shall 
invite the applicant to make the required corrections; if the 
applicant does not comply with the invitation within 60 days, 
the application shall be considered withdrawn.
(3) When the Registrar finds that the application is 
acceptable after its examination, it shall publish in the Gazette  
a notice inviting opposition against the registration of the mark 
at the cost of the applicant.
(4)  Where the Registrar finds that the conditions 
referred to in subsection (1) are not fulfilled, it shall refuse the 
application and notify its decision to the applicant in writing 
explaining the reasons for its decision.Examination,
registration
 and
publication of
industrial
designs
Rights 
conferred by
registrationExamination[28th April 2014] Supplement to Official Gazette 147 130 Supplement to Official Gazette [28th April 2014](2) The registered owner of an industrial design shall, 
in addition to any other rights, remedies or actions available to 
him or her, have the right to institute proceedings in the Court 
against any person who infringes his or her right by 
performing, without his or her agreement, any of the acts 
referred to in subsection (1) or who performs acts which make 
it likely that infringement will occur . 
                        
47. The holder of an industrial design rights may not 
prohibit third parties from —
(a) acts performed for non-commercial and 
experimental purposes; or
(b) acts in respect of a product embodying the 
protected industrial design after the product 
has been put on the market by the owner of 
the industrial  design or with his or her 
consent anywhere in the world. 
48.(1) The registration and protection of an industrial 
design shall be valid for a period of 5 years from the filing date 
of the application for registration which may be extended for a 
further two consecutive periods of 5 years on payment of the 
prescribed fee. 
(2) If the renewal fee is not paid within the period 
specified in subsection (1), such fees may be paid within a 
period of 6 months on payment of the prescribed surchar ge.
(3)  Application for renewal of protection of an 
industrial design shall be filed with the Registrar within 90 
days prior to the expiration of the period of protection upon 
payment of the prescribed fees.
49.  Section 29 shall apply mutatis mutandis to 
surrender of industrial design registration certificates.  (5)  Where the Registrar finds that the requirements 
under this section and the regulations pertaining thereto have 
not been fulfilled, the said declaration shall be considered not to 
have been made.  
69.(1)  An applicant who has displayed goods or services 
under the mark applied for at an official or officially recognised 
international exhibition has a right of exhibition priority during 
a period of 6 months from the date of the first display of the 
goods or services under the mark applied for. 
(2)  In order to claim the right of exhibition priority 
under subsection (1) an applicant must declare in the 
application for the registration of a mark that he or she wishes to 
take advantage of the protection arising from the display of 
goods or services under the mark applied for. 
(3)  Where the application contains a declaration under 
subsection (2), the applicant shall, within 3 months of the filing 
of the application, furnish evidence of the display of goods or 
services under the mark applied for. 
(4)  Claiming exhibition priority shall have the effect 
that the date of the first display of the goods or services under 
the mark applied for shall count as the filing date of the 
application for registration of the mark. 
(5)  An exhibition priority granted does not extend the 
period of priority laid down in section 69(3).
70.(1) The Registrar shall accord as the filing date the 
date of receipt of the application, provided that, at the time of 
receipt, the application contains —
(a)  an express or implicit indication that 
registration of the mark is requested;
(b)  information allowing the applicant's identity 
to be established;Limitation of
rights
Duration of
industrial
design
protection
Surrender of
industrial design
registration
certificateExhibition
priority
Filing date[28th April 2014] Supplement to Official Gazette 131 146 Supplement to Official Gazette [28th April 2014]50.(1) Any interested person may request the Court to 
invalidate the registration of an industrial design.
(2) The Court shall invalidate the registration if the 
person requesting the invalidation proves that any of the 
requirements of sect ions 2, 40, 41 and 42 are not ful filled or if 
the registered owner of the industrial design is not the creator or 
his or her successor in title. 
(3) Where the registered owner is found not to be the 
creator or his or her successor in title, the creator or his or her 
successor in title may request the Court to order the transfer of 
the title to him or her instead of invalidating it.
(4) When the grounds for invalidation are established 
with respect to only one or some of the designs included in the 
registration, invalidation shall be decided accordingly .
(5) Any invalidated industrial design shall be regarded 
as null and void from the date of its registration.
(6) The final decision of the Court shall be notified to 
the Registrar who shall record it and publish a reference thereto 
as soon as possible.
51.  The provisions of sections 23 to 27 shall apply 
mutatis mutandis to industrial designs.  
52.(1) The Registrar shall record any licence concerning 
a registration of an industrial design or the application for the 
registration of an industrial design and publish in the Gazette a 
reference to the recording of the license. 
(2) The request to record a licence shall conform to the 
requirements prescribed in the Regulations. 
(3) A license concerning a registration or an 
application shall have no effect against third parties until it has 
been recorded. (4) Where the applicant wishes to apply for a three-
dimensional mark, he or she shall submit a statement to that 
effect.
(5)  An applicant who is a foreigner shall appoint an 
agent who is domiciled in Seychelles.
(6) An application may be made by an agent and the 
power of attorney from the applicant shall be submitted prior to 
issuing the industrial design certificate.
(7)  The applicant may at any time withdraw the 
application or reduce the list of goods or services covered in the 
application.
68.(1) The application may contain a declaration 
claiming a right of priority as provided for in the Paris 
Convention or a treaty to which the Republic of Seychelles is a 
party , of one or more earlier national or regional applications 
filed by the applicant or his or her predecessor in title in any 
state party to the said Convention or in a party to any other 
treaty to which the Republic of Seychelles is a party .
(2)  Where the application contains a declaration 
under subsection (1), the Registrar may request the applicant to 
furnish, within the prescribed period, a copy of the earlier 
application certified as correct by the office with which it was 
filed.
(3) The period of claiming right of priority , under 
subsection (1) is 6 months beginning from the first filing date 
of the mark in a foreign country .
(4) When the application is made within the period of 
priority , the filing in Seychelles of that application before the 
expiration of the period of priority shall not be invalidated by 
reason of any acts accomplished in the interval, in particular , 
another filing, the publication or exploitation of the mark, and 
such acts cannot give rise to any third-party right or any right of 
personal possession of the mark.Invalidation
Non-
voluntary
licences
LicencesRight of
priority[28th April 2014] Supplement to Official Gazette 145 132 Supplement to Official Gazette [28th April 2014]53.(1) The Registrar shall record and publish in the 
Gazette any change in the ownership of the registration of an 
industrial design or the application for the registration of an 
industrial design at the request of either the holder or the new 
owner of the registration or application. 
(2) The request to record a change in ownership shall 
conform to the requirements prescribed in the Regulations. 
(3) A change in the ownership of a registration or an 
application shall have no effect against third parties until it has 
been recorded.
PART V - LA YOUT -DESIGNS OF  INTEGRA TED 
CIRCUITS
Chapter 1 - Requirements for Protection
54.(1) The lay out designs of integrated circuits may be 
protected under this Act only when it is original within the 
meaning of section 55.
(2)  A registration of the layout-design may only be 
requested if it has not yet been commercially exploited, or has 
been commercially exploited for not more than 2 years, 
anywhere in the world.
55.(1) A layout-design shall be considered original if it is 
the result of the intellectual effort of its creator and if, at the 
time of its creation, it is not known among the creators of 
layout-designs and manufacturers of integrated circuits.
(2)   A layout-design, which consists of a combination 
of elements and interconnections that are common, shall be 
protected only if the combination, taken as a whole, is original 
within the meaning of subsection (1).
56.(1)  The right to layout-design protection shall belong 
to the creator of the layout-design.(c) he or she files an application for registration 
of his or her own mark before lodging a 
statement of opposition with the Registrar .
(2)  The owner of an unregistered mark that is well-
known in Seychelles has the exclusive right to prevent any 
unauthorised person from using in the course of trade any sign 
that is identical with or similar to the unregistered well-known 
mark for goods and services that are identical with or similar to 
the goods and services for which the unregistered well-known 
mark is used provided that such use is likely to confuse the 
public.  
Chapter 2 - Procedures for Registration of Mark
67.(1) The application for registration of a mark shall be 
filed with Registrar and shall —
(a) contain a request, a reproduction of the mark 
and a list of  goods or services for which 
registration of the mark is requested, listed in 
the order of the relevant classes of 
international classification;
(b) be accompanied by the payment of the 
prescribed application fee.
(2) When the mark consists of a sign that is not 
visually perceptible, the application shall contain a graphical 
reproduction of the mark. Such reproduction shall be specific 
and may not consist merely of a general description of the sign.
(3) Where the applicant wishes to claim colour as a 
distinctive feature of the mark, he or she shall submit a 
statement to that effect as well as the name or names of the 
colour or colours claimed and an indication, in respect of each 
colour , of the principal parts of the mark which are in that 
colour . Change of
ownership
Subject matter
of protection
Originality
Right to
protectionApplication
for
registration[28th April 2014] Supplement to Official Gazette 133 144 Supplement to Official Gazette [28th April 2014](2)  Where several persons have jointly created a 
layout-design, the right shall belong to them jointly .
(3) Where the layout-design has been made or created 
in the performance of a contract of employment or in the 
execution of a work, the right to protection shall belong, unless 
otherwise stated in the contract, to the employer or the person 
who commissioned the work.
Chapter 2 - Application, Examination, Registration and 
Scope of Protection
57.(1)  Applications for the registration of layout-designs 
shall be in writing and shall be filed with the Registrar and 
separate applications shall be filed for each layout-design.
(2)  The application under subsection (1) shall —
(a) contain a request for registration of the layout-
design and a brief and accurate description of 
the layout-design;
(b) indicate the name, address, nationality and, if 
different from the address, the habitual 
residence of the applicant;
(c)  be accompanied by the power of attorney 
granted to the agent by the applicant, where 
the application is made through an agent.
(d) specify the date of the first commercial 
exploitation of the layout-design anywhere in 
the world or indicate that such exploitation 
has not yet commenced; and
(e) provide information establishing the right to 
protection under section 56.
(3)  The application shall be accompanied by a copy or enjoys protection pursuant to Article 6 ter of 
the Paris Convention for the Protection of 
Industrial Property , notwithstanding, the 
mark may be registered where the competent 
authority of the State or of the international 
intergovernmental organisation concerned 
has granted an authorisation;
(h) consists exclusively of signs or indications 
which may serve, in trade, to designate the 
kind, quality , quantity , intended purpose, 
value, place of origin, of the goods, or the 
time of production.
(2) For the purposes of subsection (1) (f), in 
determining whether a mark is well known, consideration shall 
be given to the degree of recognition of the mark in the relevant 
sector of the public in Seychelles, including but not limited to 
the degree of recognition arising from the advertising  of the 
mark in Seychelles.
(3) Notwithstanding the provisions of subsection 
(1)(d), the Registrar or the Court may decide that a mark has 
acquired secondary meaning or distinctiveness through 
continued use, and in such case, the mark shall be registered.
66.(1)  The prior user of a mark whose name does not 
appear in the Register or who does not have an application 
pending under section 65(1)(h), may oppose an application for 
registration of a similar or identical mark by another person for 
similar or identical goods, provided he or she —
(a) proves that he or she has used that mark in 
good faith for at least 6 months prior to the 
filing date or, as the case may be, the date of 
priority;
(b)  proves that he or she has acquired clientele 
and that this clientele attaches a certain 
reputation  to the mark; andApplication
requirements
Right of prior
user[28th April 2014] Supplement to Official Gazette 143 134 Supplement to Official Gazette [28th April 2014]drawing of the layout-design and where the integrated circuit 
has been used commercially , by a sample of the integrated 
circuit, and information defining the electronic function that 
the integrated circuit is designed to perform provided that the 
applicant may exclude from the copy or the drawing the parts 
which relate to the manner in which the integrated circuit is 
manufactured, if the parts included are sufficient to allow the 
identification of the layout-design. 
(4) Where the application does not duly comply with 
the requirements of subsections (2) and (3), the Registrar shall 
notify the applicant of the defects and invite him or her to 
correct them within 2 months —
 
(a) if the defects are corrected within the time 
limit, the Registrar shall accord as the filing 
date the date of receipt of the application, 
provided that, at the time of receipt, the 
application contained an express or implicit 
indication that the registration of a layout-
design is requested and indications allowing 
the identity of the applicant to be established 
and was accompanied by a copy or drawing 
of the layout-design;
(b) where the applicant fails to submit drawings 
of a layout-design with the original 
application, but corrects the application for 
the registration of the layout-design within 
the period specified the date of receipt of the 
corrections shall be deemed to be the date of 
filing of the application; or
(c) where the applicant fails, after 
communication by the Registrar , to correct 
the application within the period specified, 
the application shall be deemed not to have 
been filed;that there exists a likelihood of 
confusion on the part of the public;
(ii)  it constitutes a reproduction, an 
imitation, or a translation of an earlier 
mark that is well-known in Seychelles 
and the goods or services in respect of 
which the registration of the mark is 
applied for are dissimilar to the goods 
or services for which the earlier well-
known mark is registered provided that 
the use of the mark would indicate a 
connection between the goods or 
services for which it is used and the 
owner of the earlier registered well-
known mark and the interests of the 
owner of the earlier registered well-
known mark are likely to be damaged 
by such use;
(g) it consists of or contains as an element —
(i)  a reproduction of the flag adopted by a 
State,
(ii)  a reproduction of the armorial bearings, 
official signs and hallmarks indicating 
control and warranty adopted by a 
State,
(iii)  a reproduction of the armorial bearings, 
flags, or the name, abbreviation of an 
international intergovernmental 
organisation, or
(iv)  any imitation from a heraldic point of 
view of the signs enumerated in 
subsection (1)(g)(i) to (iii):
Provided that the sign reproduced or imitated [28th April 2014] Supplement to Official Gazette 135 142 Supplement to Official Gazette [28th April 2014](5)   Each application for protection of a layout-design 
shall be subject to the payment of the prescribed fee.  
(6) If the fee is not paid, the Registrar shall notify the 
applicant that the application shall be deemed not to have been 
filed unless payment is made within 2 months from the date of 
the notification, and if the application fee is not paid within such 
period, the application shall be deemed not to have been filed.
 
58.(1) Where the application complies with the 
requirements of section 57, the Registrar shall register the 
layout-design in the Register of Layout-Designs without 
examination of the originality of the layout-design,  the right of 
the applicant to protection or the accuracy of the facts detailed 
in the application.
(2)   The Register of Layout-Designs shall contain the 
number , title, filing date and, where indicated in the application 
under section 57(2) (d), the date of the first commercial 
exploitation, anywhere in the world, of the layout-design as 
well as the name and address of the rightsholder and other 
prescribed particulars.
(3)   Any person may inspect the Register of Layout-
Designs and obtain extracts therefrom, subject to the payment 
of the prescribed fee.
(4) The registration of a layout-design shall be 
published in the Gazette .
59.(1)  The protection afforded to a layout-design under 
this Act shall not be dependent on the integrated circuit which 
incorporates such layout-design being incorporated in an 
article. 
(2)  The rightsholder shall have the exclusive right to 
do or authorise others to do any of the following —
(a) reproducing, whether by incorporation in an services in relation to which a mark is used 
shall not be an obstacle to registration;
(c) is likely to mislead the public or business 
circles, in particular as regards to the 
geographical origin of the goods or services, 
or their nature or characteristics;
(d)  consists  exclusively of signs or indications 
which, in current language or economic and 
business activities, have become the 
customary designation for the goods or 
services for which the registration of the 
mark have been requested;
(e) it is identical with or similar to an earlier 
mark registered in the name of a different 
person, the goods or services in respect of 
which the registration of the sign has been 
applied for are identical with or similar to the 
goods or services for which the earlier mark 
has been registered, and there exists a 
likelihood of confusion on the part of the 
public because of its identity with, or 
similarity to, the earlier mark and the identity 
or similarity of the goods and services, and 
where an identical mark is used for identical 
goods or services, a likelihood of confusion 
shall be presumed;
(f) (i)  it constitutes a reproduction, an 
imitation, or a translation of an earlier 
mark that is well-known in Seychelles 
and the goods or services in respect of 
which the registration of the sign is 
applied for are identical with or similar 
to the goods or services for which the 
earlier mark is well-known, provided Registration
and
publication
Scope of
protection
and rights
granted[28th April 2014] Supplement to Official Gazette 141 136 Supplement to Official Gazette [28th April 2014]integrated circuit or otherwise, the protected 
layout-design in its entirety or any part 
thereof, except the act of reproducing any 
part that does not comply with the 
requirement of originality referred to in 
section 55;
(b) importing, selling or otherwise distributing 
for commercial purposes the protected 
layout-design, an integrated circuit in which 
the protected layout-design is incorporated 
or an article incorporating such an integrated 
circuit in so far as it continues to contain an 
unlawfully reproduced layout-design.
(3)  The rightsholder shall, in addition to any other 
rights, remedies or actions available to him or her, have the 
right, except under sections 60 and 62, to institute proceedings 
in the Court against any person who infringes his or her right, 
by performing, without any agreement, any of the acts referred 
to in subsection (2) or who performs acts which make it likely 
that infringement will occur .
60.(1)  The scope of protection and the rights granted 
under section 59 shall not extend to —
(a) the reproduction of the protected layout-
design for the purpose of evaluation, 
analysis, research or non profit teaching or 
education;
(b) the incorporation in an integrated circuit of a 
layout-design, created on the basis of such 
analysis, evaluation or research referred to in 
subsection (a), if such layout-design is itself 
original within the meaning of section 55, or 
for the performance of any of the acts 
referred to in section 59(2)(b)  in respect of 
such layout-design;established with respect only to a part of the layout-design, only 
the corresponding part of the registration shall be invalidated.
(3)   A request for invalidation of the registration of the 
layout-design shall be filed before the Court accompanied with 
the grounds on which it is based.
(4)  In the event of a dispute over the rights to the 
layout-design registration, the interested person may apply to 
the Court to transfer the title to him or her instead of invalidating 
it.
(5)   Any invalidated layout-design registration, or part 
thereof, shall be regarded as null and void from the date of the 
commencement of protection.
 (6)   The Court shall notify the Registrar of its final 
decision and the Registrar shall record and publish this in the 
Gazette,  in accordance with the Regulations.
PART VI - MARK, CER TIFICA TION MARK, 
COLLECTIVE MARK, TRADE NAME AND 
GEOGRAPHICAL  INDICA TIONS
Chapter 1-Acquisition of exclusive rights in a T rade Mark 
and its Registration
64.  The exclusive rights in a mark shall be acquired by 
registration in accordance with the provisions this Act.
65.(1) A mark shall not be admissible for registration if 
it —
(a)is incapable of distinguishing the goods or 
services of one person from those of other 
persons;
(b) is contrary to public order or morality , it being 
understood that the nature of the goods or Limitation of
rights
Acquisition
of rights
Mark
inadmissible
for
registration[28th April 2014] Supplement to Official Gazette 137 140 Supplement to Official Gazette [28th April 2014](c) the performance of any of the acts referred to 
in section 59(2)(b), where the act is 
performed in respect of a protected layout-
design, or in respect of an integrated circuit in 
which such layout-design is incorporated, 
and such layout-design or integrated circuit 
has been put on the market by, or with the 
consent of, the rightsholder; or 
(d) the performance of any act referred to in 
section 59(2)(b) in respect of an integrated 
circuit incorporating an unlawfully 
reproduced layout-design or any article 
incorporating such an integrated circuit, 
where the person performing or ordering  
such an act unknowingly performs or orders 
such an act and has no reasonable grounds of 
knowing at the time of acquiring the 
integrated circuit or the article incorporating 
such an integrated circuit, that it incorporated 
an unlawfully reproduced layout-design. 
(2) Where the person performing or ordering any act 
under this subsection, is notified that such layout-design is an 
unlawful reproduction, then such person may, perform or order 
any act only with respect to the stock in hand or ordered before 
he or she was so notified and shall be liable to pay to the 
rightsholder a sum equivalent to a reasonable royalty such as 
would be payable under a freely negotiated licence in respect of 
such layout-design.
61.(1)  The protection granted to a layout-design under 
this Act shall commence —
(a) on the date of the first commercial 
exploitation, anywhere in the world, of the 
layout-design by the rightsholder or any other 
person with his or her consent, provided an 
application for protection is filed by the rightsholder with the Registrar within the 
period referred to in section 54(2); or 
(b)  on the filing date accorded to the application 
for the registration of the layout-design filed 
by the rightsholder , if the layout-design has 
not been previously exploited commercially 
anywhere in the world. 
(2)   The protection granted to a layout-design under 
this Act shall terminate at the end of the tenth calendar year 
from the date of commencement of such protection.
62.(1)  Subject to subsection (2), the provisions of 
sections 23 to 27 shall, mutatis mutandis , apply to registered 
layout-designs of integrated circuits.
(2)  Non-voluntary licences of registered layout-
designs shall be granted only for public non-commercial use or 
to remedy a practice determined after judicial or administrative 
process to be anti-competitive.
63.(1)   Any interested person may request that the 
registration of a layout-design be invalidated on the grounds 
that —
(a) the layout-design is not protectable under 
sections 2, 54 and 55;
(b) the rightsholder is not entitled to protection 
under section 56; or
(c) where the layout-design has been 
commercially exploited, anywhere in the 
world, before the filing of the application for 
registration of the layout-design, the said 
application was not filed within the time limit 
referred to in section 54(2).
(2)   Where the grounds for invalidation are Commencement
and duration of
protectionNon-
voluntary
licences
Invalidation[28th April 2014] Supplement to Official Gazette 139 138 Supplement to Official Gazette [28th April 2014]