IP/Q/SYC/1, IP/Q2/SYC/1  
IP/Q3/SYC/1, IP/Q4/SYC/1  
 
10 August  2017 
(17-4313) Page: 1/4 
Council for Trade -Related Aspects of  
Intellectual Property Rights  Original: En glish 
 
REVIEW OF LEGISLATIO N 
 
SEYCHELLES1 
The present document reproduces the introductory statement made by the delegation of 
Seychelles , the questions put to it and the responses  given in connection with the review of 
legislation  initiated at the Council's meet ing of 7-8 June 2016 .2 The review was concluded in 
March  2017.3 
 
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1  INTRODUCTORY STATEME NT4 
1.  The delegation of Seychelles would like to take this opportunity to thank all Members for their 
consideration of our TRIPS legislations. After Seyche lles had notified its TRIPS related legislation to 
WTO in 2016, Members were invited to submit any questions they may have on these legislation. 
In November 2016, Seychelles received questions from Switzerland focusing on patent and 
the protection of undis closed information which is covered under the Industrial Property Act, 2014 
and on provisional measures and enforcement of IP laws which is catered for under the Copyright 
Act, 2014, the Industrial Property Act, 2014 and Customs Management (Border Measures ) 
Regulation, 2014. The latter regulation deals with the treatment of goods deemed to be 
"counterfeit", "pirated" and "infringing", at the border. The questions submitted were already 
catered for under Seychelles' current legislations.  
2.  The delegation of Se ychelles would like to take this opportunity to inform the TRIPS Council 
that the Government of Seychelles had undergone a complete overhaul of the IP regime, during its 
accession process, with a view to modernise the old regime and bringing it into full c onformity with 
the requirements of the TRIPS Agreement. This was done with the assistance of WIPO and 
the WTO Secretariat. However, it continues to review its IP regime and the relevant regulations to 
ensure that implementation of these legislations are in  conformity to the TRIPS Agreement. 
Finally, the delegation of Seychelles would like to take this opportunity to thank the respective 
organisations for their kind assistance during this process.  
2  RESPONSES TO THE QUE STIONS POSED BY SWIT ZERLAND5 
2.1  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?  
                                                
1 As regards laws and regulations notified by Seychelles  under  Article 6 3.2 of the Agreement, reference 
is made to documents IP/N/1/ SYC/C/1, IP/N/1/ SYC/E/1, IP/N/1/ SYC/E/2, IP/N/1/ SYC/I/1, IP/N/1/ SYC/D/1, 
IP/N/1/ SYC/G/1, IP/N/1/ SYC/L/1, IP/N/1/ SYC/P/1, IP/N/1/ SYC/T/1, IP/N/1/ SYC/O/1, IP/N/1/ SYC/O/2 and 
IP/N/1/ SYC/O/3. 
2 The minutes of this meeting have been circulated as document IP/C/M/ 82. 
3 The minutes of this meeting have been circulated as document IP/C/M/85 . 
4 As reflected in paragraphs 34  to 35 of IP/C/M/85 /Add.1.  
5 The questions posed by Switzerland  are contain ed in document  IP/C/W/6 21. The responses made by 
Seychelles  are contained in document IP/C/W/ 624. IP/Q/SYC/1 • IP/Q2/SYC/1 • IP/Q3/SYC/1 • IP/Q4/SYC/1  
 
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  Yes, all major provisions of the TRIPS Agreement are incorporated into the Industrial Property Act 
2014 in Seychelle s. 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 accession negotiation.  
2.2  Patents  
2. Does the legislation of Seychelles grant p atent 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 comply 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 Property Act 2014.  
Matters excluded from patent protection are mentione d 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 exception 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?  
Seychell es 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 compulsory license 
subject to all the conditions enumerated in Article 31 TRIPS o f 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.  
5. Does the legislation of Seychelle s 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.  
2.3  Protection of Undisclosed Information  
6. Please  explain in detail if the legislation of Seychelles ensures that undisclosed 
test or other data submitted by an applicant to the responsible State agency in 
the procedure for market authorisation of a pharmaceutical or of an agricultural 
chemical product is protected against disclosure and against unfair commercial use by a 
competitor, for example by prohibiting a second applicant from relying on, or from 
referring to the original dat a 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 test or other data 
submitted by an applicant to the responsible agency in the proc edure for market authorization of a 
pharmaceutical, agricultural or chemical product is protected against discloser and against unfair 
commercial use by a competitor.  
7. Does your legislation provide for exceptions to this protection of undisclosed 
informa tion? 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 IP/Q/SYC/1 • IP/Q2/SYC/1 • IP/Q3/SYC/1 • IP/Q4/SYC/1  
 
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  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 relevant authority in Seychelles is therefore 
responsible for ensuring that any excepti ons 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 protect ion for such undisclosed 
test data?  
There is no time limit of protection for such undisclosed test data.  
2.4  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 
appropria te. 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 so, what are these restrictions? Please cite the relevant 
provisions of the legisl ation.  
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 sufficient degree of certainty that 
the applicant is the rights holder  and that the ap plicant '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 protect the defendant and to prevent abuse.  
11. Please describe the provisional meas ures 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 proced ures 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 legislation of Seychelles to combat 
counterfeiting and piracy at the border. Please explai n 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 Indu strial 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 exempted from liability where actions were taken or intended in good faith.  
2.5  Enforceme nt of Intellectual Property Rights  
13. Please describe how the legislation of Seychelles meets the requirements of 
Article  41 TRIPS Agreement. Please cite the relevant provisions.  
The Industrial Property Act 2014 and the Copyrights Act 2014 meet the requir ements of Article 41 
of the TRIPS Agreement. Please see part VIII – Enforcement of Industrial Property Rights (sections IP/Q/SYC/1 • IP/Q2/SYC/1 • IP/Q3/SYC/1 • IP/Q4/SYC/1  
 
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  107 – 120 and section 124) of the Industrial Property Act 2014 and Part V of 
the Copyrights  Act 2014 (sections 29 - 34). 
14. Please indic ate the authorities responsible for the application of the measures 
provided by the legislation of Seychelles to combat counterfeiting and piracy. Please 
explain whether the competent authorities are empowered to act ex officio  and, if so, 
please indicate the enforcement actions that may be taken. Please cite the relevant 
provisions of the legislation.  
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 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.  
The Copyright Act 2014 makes provision for infringing goods to be seized and destroyed by police 
officers (section 29)  
In addition, the Customs Management Act 2011 and through the enac tment 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 describe any new initiatives that are planned to improve the enforcement of 
intellect ual 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 divi sion. 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.  
The Government 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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