RESTRICTED  
  
WT/ACC/SYC/16/Rev.1  
 
2 September 2013  
(13-4624)  Page: 1/4  
Working Party on the 
Accession of Seychelles  Original: English  
 
ACCESSION OF SEYCHELLES 
ACTION PLAN FOR THE IMPLEMENTATION OF THE WTO AGREEMENT ON TRADE-RELATED 
ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (TRIPS) 
Revision 
 The following submission, dated 22 August 2013, is being circulated at the request of the 
Delegation of the Republic of Seychelles.   
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 WT/ACC/SYC/16/Rev.1 
 
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1. The Republic of Seychelles respects intellectual property rights, and regards laws and other 
measures to protect them as an important aspect s of long-term economic development.  Efficient 
and effective protection of Intellectual Property Rights is vital for the development in terms of 
promoting foreign investment, the transfer and di ssemination of technology, and protecting the 
local businesses and artists as well as facilitating the integration of Seychelles' economy into the regional and global economies.  
2. As per the Cabinet's Decision (C98 M11) of 15 July 1998, Seychelles applied to join WIPO 
and became a full member on 16 March 2000.  In addition, the country became a contracting party to the Paris Convention for the Protection of  Industrial Property and the Patent Cooperation 
Treaty (PCT) on 7 November 2002.   
3. The current legislations which affect intellectual property are the Copyrights Act of 1984, 
the Trade Marks Decree of 1977 and the Patents Ac t of 1901.  The Government acknowledges that 
there are weaknesses in the intellectual property regime in Seychelles.   
4. In January 2010, a team comprising of 2 consultants contracted by WIPO undertook an 
intellectual property system evaluation and needs assessment mission to Seychelles. The objectives of the mission were to: 
 
1. Assess the current IP system, identify weak nesses, constraints and opportunities and  
 
2. Make concrete proposals with the view to defining specific needs-oriented activities and 
projects for implementation within an Intelle ctual Property Development Plan (IPDP) to 
enhance Seychelles's capacity to create, protect and make strategic use of IPRs and assets as a power tool for economic growth and development.  
 
The consultants examined relevant Government policies, the patent, trademark and customs laws, various background documents provided by the st akeholders and made available on the websites,  
such as  WIPO, WTO and appropriate Government Agencies of Seychelles. 
  
At the end of the consultancy, the consultants submitted an Intellectual Property Development Plan, which highlighted action areas, which the Go vernment should consider as priority areas.  
 
5. Subsequent to the IPDP, the Government of Seychelles signed an MOU with WIPO in 
November 2010. The aim of the MOU is to delineate a framework of cooperation geared towards 
the implementation of the IPDP in such a manner so as to ensure that the activities highlighted in 
the IPDP are successfully executed and also that there is good coordination between the various 
stakeholders, so as to better enable the Government to protect, encourage and effectively use the 
IP system to complement the country's development strategies. 
FUTURE PROGRAMME With the target of implementing the TRIPS Agreement upon accession to the WTO, the following 
programme is being carried out: 
A. Legislation 
In Seychelles intellectual property rights are stipulated in three pieces of legislation: the 
Patents Act (1901), the Trade Marks Decree (1977) and the Copyright Act (1984). 
A review of these three pieces of legislation was carried out in January 2010.  The exercise 
highlighted a number of shortcomings within these pieces of legislation and recommended 
corrective actions to be undertaken.  Resulting from that a draft Industrial Property Act was 
drafted, which would be repealing the Trade Marks Decree and the Patents Act. This new piece of 
legislation also makes provision for the protection of areas such as Geographical Indications, Industrial Designs, Integrated-Circuit Layout De signs, Undisclosed information, which were not 
catered for in previous pieces of legislation. WT/ACC/SYC/16/Rev.1 
 
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  With Regards to the protection of new plant varieties, initial contact has been made with UPOV to 
get assistance in the drafting of a piece of legislation for the protection of new plant varieties and also for Seychelles to become a member of the Union. 
B. Implementing Regulation s, Procedures and Manuals 
Implementing Regulations, procedures and manuals will be part of the drafting of the new Acts. 
C. Administrative Infrastructure 
Currently, these three laws are administered by two different Ministries; patents and trademarks 
by the Registrar General (Legal Affairs) and copyri ght by the Department of Culture.  The creation 
of an intellectual property office is envisaged to consolidate resources in intellectual property 
management and enforcement. 
D. Automation 
The Registrar General is currently being assisted by WIPO with equipment and training in the area of 
the trademark and patent registration.  The aim is to get the process of the registration fully automated. 
E. Enforcement 
Enforcement capacity is weak in the current institutions implementing intellectual property.  It is 
expected that with the implementation of the IP DP, individuals will be adequately trained to 
enforce intellectual property protection. 
F. Training and Human Resource Development 
Seychelles will seek assistance from development partners to assist with human resource 
development in the area of intellectual property management and protection prior to and after 
accession. 
G. Synoptic Table 
A synoptic table on the action programme is attached.  
  WT/ACC/SYC/16/Rev.1  
 
- 4 - Agreement on Trade Related Aspects of Intellectual 
Property Rights Laws/Actions Implementation Time-frame 
Copyrights Act Draft submitted to Working Party Members 
(document: WT/ACC/SYC/22).  
 Responding to comments and questions received 
from Working Party Members. 
 Attorney General's office is simultaneously working 
on the Draft Bill. 
 Finalization and gazetting of legislation. 4 March 2013 
 
 3rd week of August 2013 
 
  
 
 End of November 2013 
Industrial Property Act Draft submitted to Working Party Members 
(document: WT/ACC/SYC/25).   
It caters for Geographical Indications, Industrial 
Designs, Integrated-Circuit Layout Designs, Undisclosed information, which were not catered 
for in previous pieces of legislation. 
 Responding to comments and questions received from Working Party Members. 
 
Attorney General's office is simultaneously working on the Draft Bill. 23 April 2013 
  
 
3 April 2013  
 
 3rd week of August 2013  
 
End of November 2013 
Others Enhance public awareness on the protection of 
intellectual property rights 2013 to 2014 and from then on, refresher 
programmes and updates on new issues under IP 
will be provided on a continuous basis. 
Upgrade computerization of the Trademarks and Patents registration system. 2009 to 2014 
Training for users (development of information 
brochure and training programme). 
 2013 to 2014 and from then on, refresher courses 
and updates on new issues under IP will be 
provided on a continuous basis. 
Training on copyrights, industrial property enforcement authorities such as customs officials, 
trade inspectors, police officers, judges and lawyers. 2013 to 2014 and from then on, refresher 
programmes/courses and updates on new issues 
under IP will be provided on a continuous basis. 
Full implementation of the TRIPS Agreement Upon accession. 
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