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WT/ACC/SYC/16/Rev.2  
 
 
12 May 2014  
(14-2922)  Page: 1/5  
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 9 May 2014, is  being circulated at the request of the 
Delegation of the Republic of Seychelles.   
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 WT/ACC/SYC/16/Rev.2 
 
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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 Intellectual 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 De cree (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 has been submitted to the WTO Secretariat as document WT/ACC/SYC/25, 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 Designs, Undisclosed information, which were not catered for in previous pieces of legislation. WT/ACC/SYC/16/Rev.2 
 
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  The Attorney General's Chamber has also worked on a draft Copyrights Act which has been 
submitted to the WTO Secretariat as document WT/ACC/SYC/22 (Draft Bill) which was further amended in 2014 (notified in WT/ACC/SYC/50). 
The Copyrights Act, 2014 and the Industrial Proper ty Act, 2014 were ratified by the Parliament on 
1
 April 2014 and 15 April 2014 respectively (notified in WT/ACC/SYC/53). 
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 Government entities; patents and trademarks 
by the Registrar General (Departm ent of Legal Affairs) and copyright by the Ministry responsible 
for Culture.  The creation of a centralized intellec tual 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.  
Although some border measures were in place with respect to counterfeit and/or pirated goods, 
these enforcement measures were marginal.  He noted that as a result of the modernization and 
reform process of Seychelles' institutional and legal IP framework, new IP legislation and other related legislation had been prepared and adopted to fully conform with WTO rules, including the 
WTO TRIPS Agreement.  The "Customs Management (Border Measures) Regulations 2014" had 
been prepared for adoption, pursuant to th e already enacted "Copyright Act 2014" and the 
"Industrial Property Act 2014", to provide for enforcement measures at the border with respect to counterfeit and/or pirated goods. 
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.2  
 
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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      Enactment by the National Assembly on 1
 April 2014 
Industrial Property Act Draft submitte d to Working Party Members (document: 
WT/ACC/SYC/25).   It caters for Geographical Indi cations, 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.  Finalization and gazetting of legislation 23 April 2013 
   3 April 2013    3rd week of August 2013   End of November 2013   Enactment by the National Assembly on 15 April 2014 
Others Enactment of Customs Management (Border Measures) 
Regulations 2014". Enactment in May 2014 
Enhance public awareness on the protection of intellectual 
property rights 2013 to 2014 and from then  on, refresher programmes 
and updates on new issues unde r IP will be provided on a 
continuous basis. 
Upgrade computerization of the Trademarks and Patents 
registration system. 2009 to 2014 
Training for users (developme nt 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 update s on new issues under IP 
will be provided on a continuous basis. 
Centralized Intellectu al Property (IP) Office:  This IP 
Office, when fully operational,  would be a "one-stop shop" 
to coordinate the promotion, simplification of the registration of patents, trad emarks and copyrights.  It 
would be in charge of implem enting an effective, uniform Establishment of centralized Intellectual Property Office 
would be notified, upon accession.  
  WT/ACC/SYC/16/Rev.2  
 
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Property Rights Laws/Actions Implementation Time-frame 
approach to intellectual property management and 
development to ensure WTO-consistency and compliance with international intellectual property treaties.  The establishment of this Intellectual Property Office was work in progress and relevant institutions were in coordination with regard to the preparation of its implementing regulation.   
Full implementation of the TRIPS Agreement Upon accession. 
 
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