IP/C/W/624  
 
10 February 2017  
(17-0838) Page: 1/4 
Council for Trade -Relat ed Aspects of  
Intellectual Property Rights  Original: English  
 
REVIEW OF LEGISLATIO N 
RESPONSES FROM SEYCH ELLES TO QUESTIONS POSED BY S WITZERLAND  
By means of a communication  from the delegation of Seychelles , dated 30 January 2017 , the 
Secretariat has received the following responses  to questions posed by Switzerland as circulated in 
document IP/C/W/621.  
 
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1  GENERAL  
1. Are the provisions of the TRIPS Agreement, as far as not implemented in national 
law, directly applicable in the legal system of Seychelles?  
Yes, all major provisions of the TRIPS Agreemen t are incorporated into the Industrial Property Act 
2014 in Seychelles. The Commonwealth Secretariat had provided technical assistance to draft the 
Industrial Property Act 2014, and the draft was accepted by WTO Member states during 
Seychelles ' WTO accessi on negotiation.  
2  PATENTS  
2. Does the legislation of Seychelles grant patent protection for inventions relating to 
products and processes in all fields of technology? Are there any exceptions? If yes, 
please indicate these exceptions and explain how they com ply with Article 27 of the 
TRIPS Agreement.  
 
The Industrial Property Act 2014 grants patent protection for inventions relating to products and 
processes in all fields of technology. Please see sections 5(1), 18(1), 18(2)(a), 18(2)(b), 18(3) of 
Industrial P roperty Act 2014.  
 
Matters excluded from patent protection are mentioned in section 6(1) of the Industrial Property 
Act, 2014. Section 6(1) is in compliance with the TRIPS Agreement. Section 19 of the Industrial 
Property Act 2014 has provisions of exceptio n to patent protection which are in compliance with 
the TRIPS Agreement.  
 
3. Does the legislation of Seychelles, in accordance with Article 27.1 in combination 
with Article 31 of the TRIPS Agreement, consider importation as "working " a patent and 
therefore  preclude compulsory licensing, if a product is being imported?  
 
Seychelles considers importation as "working a patent " and precludes compulsory licensing if a 
product is being imported.  
 
4. Does the legislation of Seychelles make the granting of a compuls ory license 
subject to all the conditions enumerated in Article 31 TRIPS of the TRIPS Agreement? 
Please cite the relevant provisions of the legislation . 
 
Sections 23, 24, 25, 26, and 27 of the Industrial Property Act 2014 meet all the conditions 
enumerated  in Article 31 of the TRIPS Agreement.  IP/C/W/624  
 
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5. Does the legislation of Seychelles provide for the principle of the reversal of 
burden of proof in patent litigation? Please cite the relevant provisions of the legislation.  
 
Section 109 of the Industrial Property  Act 2014 provides the principle of the reversal of burden of 
proof in patent litigation in Seychelles.  
 
3  PROTECTION OF UNDISC LOSED INFORMATION  
6. Please  explain in detail if the legislation of Seychelles ensures that undisclosed 
test or other data submitte d by an applicant to the responsible State agency in the 
procedure for market authorisation of a pharmaceutical or of an agricultural chemical 
product is protected against disclosure and against unfair commercial use by a 
competitor, for example by prohibi ting a second applicant from relying on, or from 
referring to the original data of the first applicant, when applying subsequently for 
market authorisation for their own product.  
 
Section 106 of the Industrial Property Act 2014 ensures that undisclosed tes t or other data 
submitted by an applicant to the responsible agency in the procedure for market authorization of a 
pharmaceutical, agricultural or chemical product is protected against discloser and against unfair 
commercial use by a competitor.  
 
7. Does y our legislation provide for exceptions to this protection of undisclosed 
information? If so, please explain under what conditions would such exceptions apply?  
Yes. The exception to undisclosed information operates in circumstances, where it is necessary to  
protect the public or unless measures steps have been taken to ensure that the data are protected 
against unfair commercial use In addition this provision in the Industrial Property Act 2014 is in 
line with Article 39.1 of the TRIPS Agreement. The relevan t authority in Seychelles is therefore 
responsible for ensuring that any exceptions being provided  against the  protection of undisclosed 
information is necessary to protect the public or whether measures have been taken to protect the 
data against unfair  commercial use.  
8. Does your legislation provide for a specific term of protection for such undisclosed 
test data?  
There is no time limit of protection for such undisclosed test data.  
 
4  PROVISIONAL MEASURES  
9. Do the judicial authorities of Seychelles have  the authority to adopt, on the request 
of a right holder, a provisional measure inaudita altera parte  before an action leading to 
a decision on the merits of the case has been lodged? Please cite the relevant provisions 
of the legislation.  
The Court have the authority to adopt provisional measures inaudita altera  parte where 
appropriate. Please see section 111(2) of the Industrial Property Act 2014.  
10. Does the legislation of Seychelles provide for any restrictions for obtaining 
provisional measures? If s o, what are these restrictions? Please cite the relevant 
provisions of the legislation.  
Section 111(3) of the Industrial Property Act 2014. The Court may require the applicant to provide 
any reasonably available evidence in order to satisfy it with a suffi cient 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 the Court may order the applicant to provide a security or 
equivalent assurance sufficient to prot ect the defendant and to prevent abuse.  
 IP/C/W/624  
 
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  11. Please describe the provisional measures provided for in the legislation of 
Seychelles, including those for combatting counterfeiting and piracy. Please describe the 
procedures that must be followed and cite the  relevant provisions of legislation.  
The provisional measures and relevant procedures are prescribed on sections 108, subsections 
from (1) to (8) of section 111 of the Industrial Property Act 2014.  
12. Please describe the measures provided by the legislati on of Seychelles to combat 
counterfeiting and piracy at the border. Please explain whether the competent 
authorities are empowered to act ex officio  and, if so, please indicate the enforcement 
actions that may be taken. Please cite the relevant provisions of the legislation.  
Sections 118(1), 118(2), 118(3), 118(4), 119, 120 of the Industrial Property Act 2014 can be used 
to combat counterfeiting and piracy.  
In addition, the Customs Management Act 2011 and through the enactment of subsequent 
Regulations (S. I 42 OF 2014  s.77 - 82) empowers Customs officials to handle goods deemed to be 
"counterfeit",  "pirated", "infringing" etc, at the border.  
Section 115(3) of the Industrial Property Act 2014 has provision where public authorities or 
officers shall be exem pted from liability where actions were taken or intended in good faith.  
5  ENFORCEMENT OF INTEL LECTUAL PROPERTY RIG HTS 
13. Please describe how the legislation of Seychelles meets the requirements of 
Article  41 TRIPS Agreement. Please cite the relevant provisi ons. 
The Industrial Property Act 2014 and the Copyrights Act 2014 meet the requirements of Article 41 
of the TRIPS Agreement. Please see part VIII – Enforcement of Industrial Property Rights (sections 
107 – 120 and section 124) of the Industrial Property Act 2014 and P art V of the Copyrights Act 
2014 (sections 29 - 34). 
14. Please indicate the authorities responsible for the application of the measures 
provided by the legislation of Seychelles to combat counterfeiting and piracy. Please 
explain whether the c ompetent authorities are empowered to act ex officio  and, if so, 
please indicate the enforcement actions that may be taken. Please cite the relevant 
provisions of the legislation.  
The Court has all powers including seizure, destroy infringing goods, or be deposited of outside the 
channels of commerce. Police officers and any authorised officers have the power to 'enter, search 
and seize'. Please see sections 111, 112, 113, 118, 119, 120 of the Industrial Property Act 2014. 
Section 115(3) of the Industrial P roperty Act 2014 has provision where public authorities or 
officers shall be exempted from liability where actions were taken or intended in good faith.  
The Copyright Act 2014 makes provision for infringing goods to be seized and destroyed by police 
office rs (section 29)  
In addition, the Customs Management Act 2011 and through the enactment of subsequent 
Regulations (S.I 42 OF 2014  s.77 - 82) empowers Customs officials to handle goods deemed to be 
"counterfeit", "pirated", "infringing" etc.  
15. Please desc ribe any new initiatives that are planned to improve the enforcement of 
intellectual property rights in your country. Is there a particular action plan in place?  
The Government had requested technical assistance from the Commonwealth in the form of a long 
term consultant to provide on the job training to the staff of the Registrar division. He took office 
in early 2016 and since then, has provided training to the staff in order to be able to better 
implement the Industrial Property Act 2014.  
 IP/C/W/624  
 
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  The Governmen t is currently planning on continuing its initiative from last year of organising 
workshops for relevant institutions in order to increase their understanding of the TRIPS 
Agreement and IP in general. Workshops for the private sector will also be organised  to ensure 
that they are aware of their rights and obligations.  
The Government is also in the process of reviewing the Copyright Act 2014 and the Industrial 
Property Act 2014 and their respective legislations with the aim of identifying any implementation 
issues.  
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