[27th October 2014] Supplement to Official Gazette 1671 
S.I. 88 of 2014 
INDUSTRIAL PROPERTY ACT, 2014 
(Act 70/2014) 
Industrial Property (Layout-design) Regulations, 2014 
ARRANGEMENT OF REGULATIONS 
PART 1 -PRELIMIN ARY 
1. 	 Citation 
2. 	 Interpretation 
3. 	 Original layout-design to be registered 
4. 	 Right to registration 
5. 	 First to file rule 
6. 	 Fees 
7. 	 Language of documents and translations 
PART 2 -REGISTRATION OF LAYOUT- DESIGN 
8. 	 Application for registration of layout-design 
9. 	 Who may make an application 
10. 	 Appointment of resident agent or representative 
11. 	 According of filing date 
12. 	 Registration and publication 
13. 	 Certificate of registration 
14. 	 Term of registration of layout design 
15. 	 Change of ownership, assignment, surrender, amendment, c rrections 
and other changes 
16. 	 Cancellation of registration 
17. 	 Non-voluntary licence 
PART 3 -MISCELLANEOUS 
18. 	Infringement 
19. 	 Invalidation 
20. 	 Inspection 
SCHEDULE 1 -FORMS 
SCHED ULE 2 -FEES 
I [27th October 2014] Supplement to Official Gazette 1673 
S.1. 88 of 2014 
INDUSTRIAL PROPERTY ACT, 2014 
(Act 70j2014) 
Industrial Property (Layout-design) Regulations, 2014 
In exercise of the powers conferred by section 125 of the 
Industrial Property Act, 2014, the President being the Minister 
responsible for Legal Affairs hereby makes the following 
regulations ­
PART 1 -PRELIMINARY 
1. These Regulations may be cited as the Industrial Citation 
Property (Layout-design) Regulations, 2014. 
2. In these regulations, unless the context otherwise Interpretation 
reqUlres­
"Act" means the Industrial Property Act, 2014 (Act 
70j2014); 
"agent" means a person or firm appointed by an 
applicant to act on his or her behalffor the purposes 
ofthese regulations; 
"Form" means a Form set out in Schedule 1 
appended to these regulations; 
"original layout-design" means a layout-design of 
integrated circuit that is the result of its creator's 
own intellectual effort and is not commonplace 
among creators of layout-design and 
manufacturers of integrated circuits at the time of 
its creation. 
3.(1) A layout-design which is original shall only be Original 
registered under these regulations. layout-design Supplement to Official Gazette [27th October 2014] 1674 
(2) A layout-design consisting of a combination of 
elements and interconnections that are commonplace shall be 
regis tered only ifthe combination , taken as a whole , is original. 
Right to 4.(1) The right ofregistration of a layout-design belongs 
registration to the creator ofthe layout-design. 
(2) Without prejudice to subregulation (1), the right of 
registration oftne layout-design shall­
(a) 	 where two or more persons have jointly 
created a layout-design, the right to the 
registration belong to them jointly; 
(b) 	 where the layout-design was created 
pursuant to a contract on commission, the 
right to the registration belongs to the person 
who commissioned the work, unless 
otherwise provided in the contract ; and 
(c) 	 where the l~yout-design was created by an 
employee in the course of the contract of 
employment , the right to the registration 
belong to ­
(i) . the employee, if the creation of the 
layout-design is not part ofemployee's 
regular duties even if the employee 
uses the time, facilities and materials 
.ofthe employer; or 
(if) 	 the employer, if the layout-design is 
the result of the . performance of 
einployee's regularly assigned duties, 
unless there is an agreement , express 
or implied, to the contrary . 
(3) The creator ofa layout-design may assign in writing 
tJie tight to regi tration of such layout-design on any· other 
person . I , [27th October 2014] Supplement to Official Gazette 1675 
5.(1) If two or more persons have made the same layout­
design separately and independently ofeach other, the right to 
the registration shall belong to the person who filed an 
application for such layout-design, or where two or more 
applications are filed for the same layout-design, to the 
applicant who has the earliest firing date. 
(2) The right to registration under subregulation (1) 
shall be subject to the limitations as provided under section 60 
of the Act and the resolution in an appropriate proceeding of 
the issue oforiginality . 
(3) Where two or more applications for the same 
layout-design created separately and independently of each 
other have the same filing date, the registration shall be issued 
jointly to the applicants ofall such applications. 
6.(1) The fees to be paid under these regulations shall be 
as provided under column (2) of Schedule 2 to these 
regulations for a service mentioned under column (1) of that 
Schedule. 
(2) The fees specified in Schedule 2 shall be paid to the 
Registrar upon the filing of the application by such means and 
in such manner as the Registrar may direct. 
7.( I) Every application and document under these 
regulations shall be in English or be accompanied with a 
certified English translation. 
(2) The Registrar shall refuse any application or 
document which is not in English unless the applicant submits 
to the Registrar a certified translation of the application or 
document into English. 
PART 2 -REGISTRATION OF LAYOUT-DESIGN 
8.(1) An application for registration of the layout-design 
shall be made to the Registrar in Form LDC-l accompanied 
with the fee specified under Schedule 2. First to tile 
rule 
Fees 
Language of 
documents and 
transla ti ons 
Application 
for registration 
of layout­
design 1676 Supplement to Official Gazette [27th October 2014] 
Who may 
make an 
application 
• 
Appointment 
of resident 
agenn or 
representative (2) The application shall contain the details specified in 
section 57(2) oftheAct. 
(3) The applicant may submit other relevant 
informatio n or data regarding the layout-design including the 
titIe thereof, ifany. 
(4) The application may be accompanied by a specimen 
ofthe article embodying the layout-design. 
9.(1) The creator of the layout-design or his or her heirs, 
legal representative or assignee, as the case may be, or any 
person in the name of creator, may make an application for 
registration ofthe layout-design . 
(2) Ifthe applicant becomes insane or incapacitated, the 
legally appointed administrator may make the application for 
registration of the layout-design and obtain the certification of 
registration in the name ofthe creator ofthe layout-design. 
(3) In case the whole interest in the layout-design is 
assigned, the application may be made by or in the name ofthe 
assignee who may sign the application. 
(4) In case the assignee is a juridical person, any officer 
tbereofmay sign the application on behalfofthe assignee. 
(5) In case ofan aliquot portion or undivided interest in 
the layout-design, any of the joint owners may make the 
application. 
10.(1) An applicant who is not a resident in Seychelles 
shall appoint an agent or representative who is resident in 
Seychelles upon whom notice or process for judicial or 
administrative procedure in respect of the registration of the 
layout-design shall be served subject to the condition that­[27th October 2014] Supplement to Official Gazette 1677 
(a) 	 in case there are two or more persons 
appointed by the applicant, the Registrar 
shall forward all actions to the last agent or 
representative appointed; 
(b) 	 in case the agent or representative has 
appointed an attorney or associate attorney 
with the written authorisation of the 
applicant, the Registrar shall forward all 
actions to the attorney or associate attorney 
appointed. 
(2) The applicant may, at any stage in the proceedings, 
revoke the appointment of attorney or associate attorney or 
authorisation to appoint attorney by notice in writing to the 
Registrar. 
(3) The Registrar shall notify the agent or 
representative or attorney, as the case may be, of such 
revocation. 
(4) For the purposes of this regulation, any action of 
the Registrar forwarded to the agent or representative or 
attorney, as the case may be, shall be deemed to be the notice to 
the applicant. 
11. The Registrar shall, on being satisfied that 
application is complete in all respect, accord as the filing date 
of the application the date of its receipt of the fully 
accomplished application together with the requisite fee and 
the drawings, photographs or adequate representations of the 
layout-design as provided for in these regulations. 
12.(1) Where the application complies with the 
requirements of section 57 of the Act in these regulations, the 
Registrar shall register the layout-design in the Register of 
Layout-design without examination of the originality of the 
layout-design, the right of the applicant to protection or the 
accuracy ofthe facts detailed in the application . According of 
filing date 
Registration 
and 
pub I ication Supplement to Official Gazette [27th October 2014] 1678 
(2) The Registe r of Layout-design shall contain the 
followin g ­
(a) 	name , nationa lity and address of the rights 
holders; 
(b) 	 reference number; 
(c) 	title ofthe layout-design ; 
(d) 	 filing date; and 
(e) 	 where indicated in the application under 
section 57(2 )(d) oftheAct, the date ofthe first 
commercial exploitation, anywhere in the 
orld of the la J out-design. 
(3) The Registrar shall publish in the Gazette the 
layou t -design as soon as it is registered . 
Certi ficate of 13.(1) The certifi cate of registration shall be issued on 
registration paymen t of the £ e specified in Schedule 2, in the name of the 
Repu blic of Seyche lles unde r the seal ofthe Registrar and shall 
be signed by the Regi trar, and registere d together with the 
drawings, if any and such other relevant data in the books and 
records 0 fthe Registrar. 
(2) The certificate of registra tion . shall contain the 
name,nationa lity, address, fthe creator, reference number and 
period ofvalidity. 
Term of 14.( 1) The registrat ion of a layout-d esign shall bevalid for 
registration a period of 10 years, to be counted fr m the date ofof layout 
design ornmencemen t of the protection accorde d · to the layout­
design. 
(2) The protec tion of a layout-design shall 
commence ­
(a) 	on the date 0 the first commercial 
exploita tion, anywhere in the world, of the [27th October 2014] Supplement to Official Gazette 1679 
. layout-design by or with the consent of the 
right holder, provided that an application for 
registration is filed with the Registrar within 
2 years from such date of first commercial 
exploitation; or 
(b) 	 on the filing date accorded to the application 
for the registration ofthe layout-design if the 
layout-design has not been previously 
exploited commercially anywhere in the 
world. 
15.(1) An application for any change of the ownership, Change of 
ownership,assignment, surrender, amendment, corrections or other assignment,modification in connection with the registration ofthe layout­ surrender, 
amendment,design shall be made to the Registrar in Form LDC-2 along corrections and 
with the fees specified in Schedule 2. other changes 
(2) The application shall be accompanied with an 
affidavit and proofifany, in support ofthe request. 
(3) The Registrar may require such person to submit 
additional proofto substantiate his or her request. 
(4) Where no proof in support of the application or 
additional proof as required under subregulation (3) is 
submitted, the application shall be rej ected. 
(5) Where the requisite fee for the change as provided 
for in subregulation (1) is not paid, the application shall be 
deemed not filed. 
16.(1) Where a court has notified the Registrar ofits final Cancellation 
decision under section 63(6) of the Act invalidating the of registration 
registration ofa layout-design or part thereof, the registration 
of the layout-design or part thereof shall be void from the 
beginning and the entries of the layout-design or part thereof 
shall be deleted from the Register ofLayout-design. 
(2) The Registrar shall publish in the Gazette the 1680 Supplement to Official Gazette [27th October 2014] 
cancellation of the registration of the layout-design or part 
thereof. 
Non-voluntar y 17.(1) An application for non-voluntary licence of a 
licence registere d layout-design shall be made to the Registrar in 
writing containing a statement giving the evidence that the 
applicant was unable to obtain a licence in accordance with 
section 24(2) oftheAct. 
(2) The, application for non-voluntary licence shall be 
made in Fonn LDC-3 accompanied with a fee specified in 
Sche dule 2, 
(3) The Registrar may only grant non-voluntary 
licences ofregistered layout-design for non-commercial use or 
to remedy a practice determined after judicial oradministrative 
process to be anti-competitive. 
(4) Upon a direction from the judicial or administrative 
process, the Registrar shall amend the Register of Layout­
design and record the decision and publish the decision in the 
Gazette as soon as possible. 
PART 3 -MISCELLANE OUS 
Infringement 18. In case ofany infringement ofthe registered layout-
design , any action may be brought in accordance with sections 
107 to 120 ofthe Act. 
Invalidation 19.( 1) An application for invalidation ofthe registration of 
a layout-design may be made to the Supreme Court. 
(2) Upon receipt of any decision of the court on the 
application for invalidation of the registration of a layout­
design, the Registrar shall ­
(a) 	 record the content ofthe decision; 
(b) 	 amend the Register ofLayout-design; and 
(c) 	 publi sh a notice to this effect in the Gazette, 
within one month. .[27th Ootcber 2014] Supplem:ent.to Official Gazelle 16'81 
20. Any person may insp ct the Register of Layout- Inspection 
designs or records and file ofthe Regis trar with respect to the 
registr ation of layout-design and may obtain extract 
therefrom, by submit ting an application in Form LDC-4 along 
with a fee specified in Sched ule 2. 
SCHEDULE 1 
FORMS 
(Regulation 2) 
FORMLD C-l 
[Regulation 8(1)] 
lNDUS'TRI i\L PROP~R"Y i}CT , 2014 
Industri.' Property (Layout-desi gJI} 
Regul.ti ons, 2014 
1FORM LDC-I 
APPLTCA T10 N FOR REGlSTRATION011 
LAYOUT-DESTGN OF TNTJ<:GRATED 
CIRCUIT 
TO: REGIS TRA R GENERAL 
Request: The registration of the layout-design 0 
hereby requested 
.r. Full name and addr ess of applicsnt: For Offici al U~e: 
Dale of R ce'ipt by 
Registrar General' s Office: 
APP LlCATfON NO: 
Offi ce Stamp 
f ees receiv ed on: 
Amqunt. 
Applicant's or Agent's File Refcr ence 
'integrate d circuit describe(Th ereih below in 
(lfthc appli cant residcs abroad , an address for service in Seychelles mils! be provided) 
ationality with passport number: ' 
I Country of Residen ce or 
Principal place of business: 
Capacity in which applicant 
i applying for regi stration : 
Telephon e Numbe r Fax Number E-mail llnd Website AddT ess: 
n. Full aame aDd addre ss of Agent (Ir any): 
.................. ,.. "., ... ", ..,' .., ... ,... .,., .... ., .... "....... ,.... "... "., ......... '. '.:.':::: .::",:..::::J 
; .......... ................... ..................... :.--.:.'.:..:•.: ............... .. ..... 
1682 Supplement to Official Gazette [27th October 2014] 
F ..· 
I 
Telephone Number Fax Number E-mail and Website Address: 
Agent's Registration Number :.......................... ................................ . 
Agent's own reference: ....... ...... ................. ................................ ..... . 
Evidence of Agent's Power of Attorney : ...... .................. ............. .. .. 
lIL A brief and precise description of the layout design of integrated circuit: (if the space is not 
sufficient , please attach extra papers duly numbered) 
IV. Information as to whether the layout-design of integrated circuit is commercially exploited 
in or outside Seychelles and date of the First Commercial exploitation, if any 
V. The Particulars establishing the right to the protection 
(i) the creator 
(ii) employer 
(iii) Commissioned work 
(iv) Any other 
VI. QUALITY, REPUTATION OR OTHER CHARACTERISTICS 
The quality, reputation or other characteristics of the layout-design of integrated circuit is used 
and any conditions under which it may be used, are the following: 
Additional information is contained in the supplementary box 
Additional information accompanies this Form 
VO. FEES Accompany this Form. 
VUl. I being the applicant, declare that the layout design of integrated circuit of which 
registration is sought is original under section 55 of the Act. 
VllT. DECLARATION: 
Signature of the Applicant! Agent: .................... .............. ............ ............ ....... .. 
Name of signatory (in block letters): ................................................................. . 
Date: ......................................................................................... . 
(If the ar~licant is a partnership, the full names of all partners must be stated) 
(Companies ,:,uilld give their state and registration number) 
[27th October 2014] Supplement to Official Gazette 1683 
FORMLDC-2 
[Regulation 15(1)] 
lNDUSTRlAL PROPERTY ACT, 2014 For Official Use: 
Industrial Property (Layout-design) Regulatio ns, Date of Receipt by 
2014 Registrar Generals Office: 
FORMLDC-3 
APPLICATION NO: 
APPLICATION FOR RECORDING OF Office Stamp 
CHANGE IN OWNERSHIP. 
Fees received on: 
TO: REGISTRAR GENERAL 
Amount 
Applicants or Agents File 
Reference 
I. IN THE MATTERS OF: 
Application for Registration of Layout-design of integrated circuit No: 
Filing Date: 
Layout Design No 
Date of first commercial exploitation 
Date of Registration 
U. Full name and address of applicant (s)/owner(s)*: 
(If the applicant resides abroad, an address for service in Seychelles must be provided) 
Nationality with passport number: 
Country of Residence or 
Principal place of business: 
Capacity in which applicant 
is applying for registration : 
Telephone Number Fax Number E -mail and \Vebsite Address: 1684 Supplement to Official Gazette [27th October 2014] 
1II. REQUEST 
The Regi strar General is hereby requested to record the change in ownership of the abovc­
identified .............................................. ............................................ ................. ............ .. 
The present applicant(s)/owner(s)" is/are identified above 
The new applicant(s) /new owner(s)" is/are identified below . 
.. deletc whichever does not apply . 
.... Indicate application or title concerned . 
IV. NEW APP LICANT(S) /NEW OWNERS .. 
Name: 
Address: 
Address for Service in Seychelles: 
Nationality (giving passport number): 
Country of residence or principal place of business : 
Telephone: Fax: E-mail and Website Address: 
V. ADDITION AL INFORMATION 
The following items accompan y this Form: 
The original or a certified copy of the document evidencing the change of ownership, signed 
by or on behal f of the contracting parties. 
Other documents evidencing the change of ownership (commercial contract ), pleas e specify 
Fees 
Other (spec ify) 
VL SIGNAT URES 
.................. ................ ......... ........ (New Applicant(s)lNew Owner(s) /Agent .... ) 
Date .......... ........... ............... ....... . 
...................... ................ .............. (New Applicant( s)/new Owoer(s) /Agent .... ) 
Date ....... .... .......................... ...... . 
... .................... ............ ........... ...... (Applicant(s)/Owner(s) / Agent .... ) 
Date ..... ...................................... . 
.............. .. ................... .......... ....... (Applicant(s)/Owner(s) / Agent .... ) 
Date .............. ........ ... .................. . 
.. Delete whichever does not apply 
.... Delete whicheve r does not apply and type name(s) under signature . 
[27th Oc ober2014] Supplement t6 Ojficial Gazette 1685 
FORMLD C­
[Regulation 17(2)] 
Industrial Property act, 2014 
Indu strial Prope rty (Layout-design) 
Regu lations , 1b14 . 
APPLICATION FOR A NON ­
VOL UNTARY LICENCE 
Form LDC-3 
TO: 
TheR i-strar General 
Republic of Seychelles For Official use. 
. : ; 1' 
·ApplicationReference: ........ , .................... 
Date received: ............................................ 'if!Ii 
,II 
Fee paid: ..................................... , ......... ~...... 
I 
, . . .. 
~i; q , 
II 
I hereby request the Registrar to grant me a Non-Voluntary Licence . 
Applicants Name: 
Address: 
Telephone: Fax: E-mail address: 
'I 
Evidence for application as set out in sections 23 and 24(2) of the Industrial Property Act, 2014, 
is enclosed . 
. Reference number or title for which the non-voluntary licence is sought : 
Scope and duration being sought: 
Agenl (if any) 
Address : 
Telephone : 
Place and date .. ...Fax: 
.............................E-mail address: 
Signature of Applicant or Agent .............................. ......... I Supplement to Official Gazette [27th October 2014] 1686 
FORML DC-4 
[Regulation 17(2)] 
INDUSTRIAL PROPERTY ACT, 2014 
lndustrial Property (Layout-design) 
ReguJation s, 2014 
FORM LDC-4 
REQUEST FOR INSPECTIO N OF THE 
REGISTER OF LAYOU T -DESIGNS, etc., 
OR FOR OBTAIN ING ANY EXTRACT 
THEREFROM. 
Applicants Name , nationality: 
Address: 
Tele/Fax/E-mail 
Name of the owner of the Layout-Design 
Layout-Design Number being sought 
Date and No of Gazette Notitication 
F or official use only: 
Notice received on: 
Fees paid on: Application No: 
Details of the Layout-Design inspection 
or extract thereof being sought (Add extra 
papers where necessary) 
Addresses for service in Seychelles (if 
applicable) 
Agent 
Name 
Address 
Tele/FaxiE-mail 
Date 
Signature of the Applicant! Agent. [27th October 2014] Supplement to Official Gazette 1687 
SCHEDULE 2 
[Regulation 6(1)] 
FEES 
Serial 
number Service In Seychclks 
Rupees 
(1) (2) (3) 
1. Fee for filing of application. 2000 
2. 
I Grant ofCertificate of Registration 500 
3. Application for change of ownership, etc. 250 
4. Application for non-voluntary licence 500 
5. Application for 
(a) inspection of Register of layout-designs or records of 
files of the Registrar relating to registration of layout-
design: 
(b) obtaining extract from the Register of layout-designs or 
records or files of the Registrar relating to registration 
of layout-design , 200 
200 
[for each entry 
in the register 
or for each 
page or part 
thercof in case 
of records 
from file] 
MADE this 20th day of October, 2014. 
JAMES A. MICHEL 
PRESIDENT