RESTRICTED  
  
WT/ACC/SYC/18/Rev.2  
 
2 September 2013  
(13-4622)  Page: 1/10  
Working Party on the 
Accession of the Republic of Seychelles  Original: English  
  
  ACCESSION OF SEYCHELLES 
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.   
_______________ 
 WT/ACC/SYC/18/Rev.2 
 
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  TRIPS Agreement  Seychelles 
General Obligations  IP Agreements to which Seychelles adheres 
Compliance with Articles 1 through 12 and Article 19 
of the Paris Convention for the Protection of Industrial Property in respect of Parts II, III, and IV of the TRIPS Agreement. TRIPS Article 2.
 Paris Convention Patent Cooperation Treaty (PCT) 
Under Paris, Article 1(2), industrial property has as its object patents, utility mo dels, industrial designs, 
trademarks, service marks, trade names, indications 
of source or appellations of origin, and the repression of unfair competition.
 Paris Convention Patent Cooperation Treaty  
In Paris.  Article 1(3), indu strial property applies not 
only to industry and commerce proper, but to agricultural and extractive  industries and to all 
manufactured or natural products, e.g., wines, grain, tobacco leaf, fruit, cattle, minerals, mineral waters, beer, flowers, and flour.
 Paris Convention Patent Cooperation Treaty  
Under Paris, Article 2, nationals of Members are to enjoy in other Members the advantages that their 
respective laws grant to nationals, and shall have the 
same protection and the sa me legal remedy against 
any infringement of their rights if they conform to the conditions and formalities imposed upon the Member's nationals.
 Paris Convention Patent Cooperation Treaty  
Paris.  Article 3, requires that nationals of non-Member countries domiciles or that have "real and effective" industrial or commercial establishments in a Member country be treated as nationals of a Member country.
 Paris Convention Patent Cooperation Treaty  
Under Paris, Article 4.a right of priority is to be given 
an applicant for a patent, for registration of a utility model, an industrial design, or of a trademark who has filed the equivalent of a regular national filing under the domestic legislation of a Member country.  The periods of priority are to be 12 months for patents and utility models, an d 6 months for industrial 
designs and trademarks.  The Article discusses the technical details of granting priority in depth.
 Paris Convention Patent Cooperation Treaty  
Article 4 bis states that patents obtained for the same 
invention in various members of the Paris Union are independent of each other.
 Paris Convention Patent Cooperation Treaty  
Article 4 ter requires that inventors have the right to 
be named as such in the patent.  Paris Convention Patent Cooperation Treaty  
Under Article 4 quater  restrictions or limitations on the 
sale of a patented product or a product produced by a patented process cannot be the grounds for refusing a patent or invalidating one already issued.  Under Article 5(A)(1), importatio n of a patented product 
manufactured in a Paris Union country cannot be the 
basis of forfeiture of the pa tent.  Articles 5(A)(2) and 
(3) authorize countries to use compulsory licensing as a means to prevent abuses, such as the failure to work, but they may not forfeit a patent unless the grant of a compulsory license would not be sufficient to prevent the abuse.  Proceedings for forfeiture or revocation cannot be institute until two years after the grant of the first compulsory license.
 Paris Convention Patent Cooperation Treaty  
Article 5(A)(4) prohibits application for a compulsory license for failure to work until four years have passed since tile application was filed or three years from date of grant and no compulsory license is to be granted if the patentee justifies the failure to work.  Licenses are to be non-exclusive, and may not be transferred except with the enterprise or goodwill that 
exploits the license.  Article 5(B) prohibits forfeiture of 
industrial designs for failure to work or for importing articles corresponding to those that are protected.
 Paris Convention Patent Cooperation Treaty  WT/ACC/SYC/18/Rev.2 
 
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  TRIPS Agreement  Seychelles 
General Obligations  IP Agreements to which Seychelles adheres 
Article 5(C) prohibits cancellation of a mark for 
unjustified non-use before a reasonable period of time has passed and permits the pr oprietor to use differing 
elements that do not diminish the distinctive character of a mark wi thout invalidating the 
registration or di minishing the protec tion granted the 
mark.  Concurrent use of th e mark by co-proprietors 
is permitted so long as the public is not mislead.
 Paris Convention Patent Cooperation Treaty  
Under Article 5(D), protection of patents, registered 
trademarks, and industrial designs cannot  Paris Convention Patent Cooperation Treaty  
Article 5 bis requires that a grace period of at least six 
months be provided for the payment of maintenance fees for industrial prop erty, but a surcharge is 
permissible.  Countries are authorized to restore patents that lapsed for non-payment of fees.
 Paris Convention Patent Cooperation Treaty  
Article 5 ter prohibits a Paris Member from making use 
of patented devices aboard a vessel, aircraft, of land 
vehicle temporarily or accidentally in the territory or 
the Member.  Paris Convention Patent Cooperation Treaty  
Article 5 quater  requires that process patent owners 
have all the rights agai nst an imported product 
produced by the patent process that they would have with respect to products manufactured at home.
 Paris Convention Patent Cooperation Treaty  
Article 5 quinquies  requires that Paris Members protect 
industrial designs.  Paris Convention Patent Cooperation Treaty  
Article 6 makes the conditions for filing and registration of trademarks subject to domestic legislation but also make s filing and registration 
independent of those in other countries, including the country of origin.
 Paris Convention Patent Cooperation Treaty  
Article 6 bis requires parties, ex officio  if legally 
possible or at the request of  an interested party, to 
refuse to register or, for a period of at least 5 years, 
to cancel the registration of a trademark confusingly 
similar to a well-known mark.  No time limit is placed on a mark used in bad faith.
 Paris Convention Patent Cooperation Treaty  
Article 6 ter requires Members to refuse to register or 
to invalidate the registration that includes, without authorization, armorial bearings, flags, state emblems, official signs and hallmarks, etc.  An exception is provided for owners of rights acquired in good faith before the Convention entered into force for that country.  
 Paris Convention Patent Cooperation Treaty  
Article 6 quater  makes the assignment of a mark valid 
if the portion of the business or goodwill of the business together with the exclusive right to manufacture and sell the goods bearing the mark are also transferred.  
 Paris Convention Patent Cooperation Treaty  
Article 6 quinquies  requires that trademarks duly 
registered in a Member be accepted for filing in other Members, with certain rese rvations, and establishes 
the conditions under which a trademark may be denied registration or may be invalidated.  
 Paris Convention Patent Cooperation Treaty  
Article 6 sexties  states that Paris Members undertake" 
to protect service marks without being required to provide for their registration.
 Paris Convention Patent Cooperation Treaty  
Article 6 septies  requires that trademark owners be 
able to oppose or request cancellation of a registration of their tradem arks applied for by their 
agent or representative without their authorization "unless the agent or representative justifies his action.
 Trade Marks Decree Paris Convention Patent Cooperation Treaty 
Article 7 states that the nature of the goods to which a trademark is applied may in no case be an obstacle to the registration of the trademark. (Duplicate language is in TRIPS Article 15.4.)
 Trade Marks Decree Paris Convention Patent Cooperation Treaty WT/ACC/SYC/18/Rev.2 
 
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  TRIPS Agreement  Seychelles 
General Obligations  IP Agreements to which Seychelles adheres 
Article 7 bis requires that Member s permit registration 
of collective marks belong ing to associations the 
existence of which is not contrary to the law of the country of origin, even wh ere the association is not 
established in the country where protection is being sought.
 Trade Marks Decree Paris Convention Patent Cooperation Treaty 
Article 8 requires that tr ade names be protected by 
Members without the necessity of registration, whether or not the names are part of a trademark.
 Trade Marks Decree Paris Convention Patent Cooperation Treaty 
Article 9 requires seizure on importation or exclusion or goods bearing a trademark or trade name without authorization, unless a co untry's laws provide for 
neither remedy, in which case domestic actions and remedies must be available.
 Trade Marks Decree Paris Convention Patent Cooperation Treaty 
Article 10 applies the obligation of Article 9 to the direct or indirect use of false indications of source of goods, or false indication of the producer, 
manufacturer, or merchant of such goods.
 Trade Marks Decree 
Paris Convention Patent Cooperation Treaty 
Article 10 bis requires Members to provide protection 
against unfair competition, including against acts that create confusion of various kinds about the goods or activities of a competitor , that consist of false 
allegations about a competitor, or that are apt to mislead the public regarding a competitor's goods.
 Trade Marks Decree Paris Convention Patent Cooperation Treaty 
Article 10 ter requires that Members undertake to 
assure to foreign nationals effective legal remedies to 
repress actions referred to in Articles 9, 10 and 10 bis, 
and to allow federations and associations representing 
foreign businesses, on the basis of reciprocity, to take action in court and before administrative authorities to repress such acts.  
 Trade Marks Decree 
Paris Convention 
Patent Cooperation Treaty 
Article 11 requires that temporary protection. consistent with domestic legislation, be afforded to patentable inventions, utility models, industrial designs and trademarks in respect of goods exhibited 
at official or officially recognized international exhibitions held in their territory.
 Trade Marks Decree Paris Convention Patent Cooperation Treaty 
Article 12 requires Members to establish industrial property offices for patents.  Utility models, industrial 
designs and trademarks for the communication to the 
public through publication of  a periodic journal of the 
names of patent owners with a brief designation of their inventions, and the re production of trademarks.
 Paris Convention 
Patent Cooperation Treaty 
Article 19 authorizes Members to enter into separate and special industrial pr operty agreements among 
themselves, so long as those agreements do not contravene the provisions of Paris.
 Paris Convention Patent Cooperation Treaty  
National treatment, with exceptions allowed in the Paris, Berne and Rome Conventions.  Article 3.
 Trade Marks Decree 
Most favoured nation treatment, with enumerated exceptions.  Article 4.
 Trade Marks Decree 
Copyright and Neighbouring Rights  Citation to copyright and related laws 
Compliance with Articles I through 21 of the Berne Convention with the exception of Article 6 bis, 
Article 9.1.
 Copyright Act Seychelles is not a party to the Berne Convention. 
Article 2 defines "literary and artistic works" as "every production in the literary, scientific and artistic domain whatever may be the mode or form of its expression," giving examples. Limitations related to speeches are provided in Article 2 bis.
 Copyright Act 
Article 3 requires that prot ection be provided to the 
works of authors who are nationals of Berne Union members and to works of nationals of non-Union countries if those works are published in a Union member simultaneously with publication in the non-Union country.  
 Seychelles is not a party to the Berne Convention. WT/ACC/SYC/18/Rev.2 
 
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  TRIPS Agreement  Seychelles 
General Obligations  IP Agreements to which Seychelles adheres 
Article 4 requires that protection be provided 
cinematographic works not falling under Article 3 if the maker has a headquarters or habitual residence in a Union member and to wo rks of architecture or 
artistic works incorporated into a building or structure in a Union member.
 Copyright Act 
Article 5 requires that authors enjoy the rights required by Berne and any other rights a country provides works on a national treatment basis without being subject to any formalities.
 Seychelles is not a party to the Berne Convention. 
Article 7 requires that the term of protection for copyright be 50 years following the death of the author.  Special terms are authorized for cinematographic works, anonymous or pseudonymous works, photographic works an d works of applied art.  
Article 8 gives authors of protected works the exclusive right to make or authorize the making of translations of the work.
 Copyright Act 
Article 9 requires that authors be given the exclusive right to authorize reproduction of the work in any manner or form with only limited exceptions that do not conflict with the normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author.
 Copyright Act 
Articles 10 and 10 bis define certain authorized "free 
uses of works".  Copyright Act 
Articles 11, 11 bis, and 11 ter require that authors of 
dramatic, dramatico-musica l and musical works and 
any translation thereof and authors of literary and artistic works, the exclusive right to authorize the public performance of their works, including by broadcast, public recitation and any communication to the public.
 Copyright Act 
Article 12 requires that authors of literary or artistic works have the exclusive right to authorize adaptations, arrangements and other alterations of 
their works.
 Copyright Act 
Article 13 authorizes countries to impose reservations and conditions on the excl usive right granted authors 
of musical works or written works that are recorded.
 Copyright Act 
Articles 14 requires that auth ors of literary and artistic 
works have the exclusive right to authorize the cinematographic adaptation and reproduction of their works and the distribution, public performance and communication to the public of the adaptation or reproduction, without the limitations authorized under Article 13(1).
 Copyright Act 
Article 14 bis specifies that a cinematographic work is 
to be protected as an original work without prejudice to any work that is adapted or reproduced and the author of the cinematographic work is to enjoy the same rights as the author of any other work.
 Copyright Act 
Article 14 ter requires "droit de suite" in connection 
with subsequent sales works of art and manuscripts.  Copyright Act 
Article 15 requires that ownership of a work, for purposes of litigation, be presumed to be that which 
appears on the work in the usual manner.
 Copyright Act 
Article 16 requires that infringing copies of a work be subject to seizure whether domestically produced or imported.  
 Copyright Act 
Article 18 requires that copyright protection be 
applied to all works whic h, at the moment Berne 
becomes effective, have not fallen into the public domain in the country of origin through the expiry of the term of protection.
 Copyright Act WT/ACC/SYC/18/Rev.2 
 
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  TRIPS Agreement  Seychelles 
General Obligations  IP Agreements to which Seychelles adheres 
Article 19 authorizes Union members to provide 
greater protection than t h a t  r e q u i r e d  b y  t h e  
Convention.  Seychelles is not a party to the Berne Convention. 
Article 20 authorizes Union members to enter into special agreements among themselves to provide more extensive rights than those provided by Berne.
 Seychelles is not a party to the Berne Convention. 
Protect computer programs, whether in source or object code, as literary works under the Berne Convention.  Protect compila tions of data, whether in 
machine readable or other form are to be protected as intellectual creations if they constitute such.  Article 10.
 Seychelles is not a party to the Berne Convention. 
Provide rental rights at le ast for computer programs 
and cinematographic works wi th certain exceptions.  
Article 11.  Copyright Act 
Provide a term of protection of 50 years from the death of tile author (Berne Article 7.1 and TRIPS Article 9.1) or, for works the term of which is not 
measured by the life of the author, a term of 50 years from the end of the calendar year of authorized publication, or, if not published within fifty years from making, fifty years from the end of the calendar year of making.  Article 12.
 Copyright Act 
Confine limitations and exceptions to exclusive rights to certain special cases which do not conflict with a 
normal exploitation of the work and do not 
unreasonably prejudice the right holder's legitimate interests.  Article 13.  
 Copyright Act 
Provide performers with the right for 50 years from the date of a performance to prevent unauthorized fixation of their unfixed performances and of reproductions of such fixations and to prevent the unauthorized broadcast by wireless means and communication to the public of their live performances.  Articles 14.1 and 5.
 Copyright Act 
Provide phonogram producers with the right for 50 years from the date of first authorized fixation to prohibit unauthorized reproduction of their phonograms, directly or in directly, and to prohibit 
rental of copies of their phonograms once sold or otherwise distributed.  Article 14.2, 14.4, and 14.5.
 Copyright Act 
Providing broadcasting organizations with the exclusive rights for 20 years of fixation, reproduction 
of fixations, and rebroadcas ting by wireless means of 
their  broadcasts and the communication to the public of broadcasts of their broadcasts or provide to the owners of the copyright in the material broadcast the 
possibility of exercising such rights.  Article 14.3 
and 14.5.
 Copyright Act 
Trademarks  Citation to appropriate law 
Provide trademark or service mark protection for any sign, or combination of sign s capable of distinguishing 
the goods or services of one undertaking from those of other undertakings.  Article 15.1.
 Trade Marks Decree 
Not deny registration for a mark based solely on the nature of the goods or services to which a trademark is to be applied.  Article 15.4.
 Trade Marks Decree 
Trademarks must be publishe d before or shortly after 
registration to permit opposition or opportunity to apply for cancellation.  Article 15.5.
 Trade Marks Decree 
Provide trademark owners the exclusive right to prevent unauthorized use identical or similar marks for similar goods or services of other parties if confusion is likely to result.  Article 16.1.
 Trade Marks Decree 
Presume confusion where an identical mark is used without authorization on identical goods or services.  Article 16.1.
 Trade Marks Decree WT/ACC/SYC/18/Rev.2 
 
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  TRIPS Agreement  Seychelles 
General Obligations  IP Agreements to which Seychelles adheres 
Provide protection for well know trademarks and 
service marks in accordance with Article 6 bis, of the 
Paris Convention, even where use is on goods or services which are not similar to those in respect of which a trademark is register ed if the latter use would 
imply a connection with the right holder or would be likely to damage the right holder's interests.  Article 16.2 and 16.3.
 Trade Marks Decree 
Allow only limited exceptions to the rights conferred by a trademark such as fair use of descriptive terms.  
Article 17.
 Trade Marks Decree 
Provide a period of protection for registration of at 
least seven years, renewable indefinitely.  Article 18.  Trade Marks Decree 
Allow cancellation for non-use only after a period of three years of uninterrupted non-use unless valid reasons exist for the non-use, including government interference with us e.  Article 19.1.
 Trade Marks Decree 
No encumbering of the use of a trademark by special 
requirements.  Article 20.  Trade Marks Decree 
May establish conditions for licensing but compulsory licensing not permitted and owner of registered mark 
must be able to assign it with or without transfer of business.  Article 21.
 Trade Marks Decree 
Geographical Indications  Citation to appropriate law or laws 
Provide means to prevent deceptive use of Geographical indications identifying location where a given quality, reputation or other characteristic of a good is attributable to its location.  Article 22.1 and 22.2. Refuse to register or invalidate registrations of trademarks containing geographical indications except in instances in which such marks have been used 
continuously for at least I 0 years or in good faith 
before 15 April 1994.  Article 22.3.
 Seychelles does not have laws for the protection of geographical indica tions.  However, this has been 
catered for in the draft Industrial Property Act, notified in: 
WT/ACC/SYC/25 . 
Protect against use of geog raphical indications even 
when literally true but which falsely represent that the goods originate in another territory.  Article 22.4.
 Seychelles does not have laws for the protection of industrial designs.  So far, there has not been the need.  However, this has been catered for in the draft Industrial Property Act, notified in: 
WT/ACC/SYC/25 . 
Protect, with certain exceptio ns, appellations or origin 
for wines and spirits even against use accompanied by 
expressions such as "kind", "type", "style", etc.  
Article 23.1 and 24.  Seychelles does not have laws for the protection of industrial designs.  This wi ll be catered for in the new 
industrial property legislation. 
Refuse or invalidate, with certain exceptions 
trademark registrations containing geographical indications for wines and spirits if they do not originate in the place named.  Article 23.2 and 24.
 Seychelles does not have laws for the protection of industrial designs.  Howeve r, this has been catered 
for in the draft Industrial Property Act, notified in: 
WT/ACC/SYC/25 . 
Industrial Designs  Citation to appropriate law 
Provide, with certain except ions, protection for new or 
original, independently crea ted industrial designs.  
Article 25.1.  Seychelles does not have laws for the protection of industrial designs.  Howeve r, this has been catered 
for in the draft Industrial Property Act, notified in: 
WT/ACC/SYC/25 . 
Ensure that requir ements for securing protection for 
textile designs are not prohibitive of such protection.  Article 25.2.
 Seychelles does not have laws for the protection of industrial designs.  Howeve r, this has been catered 
for in the draft Industrial Property Act, notified in: 
WT/ACC/SYC/25 . 
Protection should last  at least 10 years.  Seychelles does not have laws for the protection of 
industrial designs.  Howeve r, this has been catered 
for in the draft Industrial Property Act, notified in: 
WT/ACC/SYC/25 . WT/ACC/SYC/18/Rev.2 
 
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  TRIPS Agreement  Seychelles 
General Obligations  IP Agreements to which Seychelles adheres 
Patents  Citation to appropriate law 
Provide patents for any inventions, whether products 
or processes, in all fields of technology if they are new, involve an inventive step and are industrially applicable.  Exceptions ar e permitted for plants and 
animals, except for microorganisms and non-biological and microbiological processes.  Exemptions are also permitted for reasons of ordre public  and 
morality.  Article 27.
 Patents Act 
Provide patent owners with the right to prevent others from making, using, offering for sale, selling or importing a patented produc t or from using a patent 
process or using, offering for sale, selling or importing a product produced directly using such process.  Article 28.1.
 Patents Act 
Give patent owners the right to assign the rights in the patent, or transfer the rights by succession, or 
license them.  Article 28.2
 Patents Act 
Require applicants to disclose the invention so that 
one skilled in the art can carry it out and may require indication of the best mode and information on corresponding foreign applications.  Article 29.
 Patents Act 
Ensure that any exceptions to exclusive patent rights do not unreasonably conflict with normal exploitation of the patent and do not unreasonably prejudice the 
legitimate interests of the patent owner, taking third 
party interests into account.  Article 30.
 Patents Act 
Compulsory licenses can be issued only when enumerated conditions are met, including such things as notice, remuneration, limitations on use and 
transfer of the license, etc.  Article 31.
 Patents Act 
Provide an opportunity for judicial review of decisions 
to revoke or forfeit a patent.  Article 32.  Patents Act 
Provide a patent term of at least 20 years from the 
filing date.  Article 33.  Patents Act 
Shift the burden of pr oof in process patent 
infringement actions to the defendant in instances in which tile product produced by the process is new or 
where it is substantially likely that the identical product was made using the process and the patent 
owner has been unable through reasonable efforts to 
determine the process used.  Article 34.
 Patents Act 
Integrated-Circuit Layout Designs  Citation to appropriate law 
Provide protection for original layout designs of integrated circuits that are registered or have been commercially exploited anywhere in the world.  Articles 3, 4, 5, and 7 of the Washington Treaty as 
incorporated into TRIPS by Article 35.
 Seychelles does not have laws for the protection of 
integrated-circuit layout designs.  However, this has been catered for in the draft Industrial Property Act, notified in: 
WT/ACC/SYC/25 . 
Make unlawful, except in certain circumstances, the reproduction, importation, sale or other distribution of a protected layout design or an integrated circuit 
embodying such design or an article containing such a microcircuit.  Article 6 of Washington and Article 36 of TRIPS.
 Seychelles does not have laws for the protection of integrated-circuit layout designs.  This will be catered for in the new industrial property legislation. 
Provide such protection for a term of 10 years from 
the films, of an applicatio n for registration or from 
first commercial exploitation.  Article 38.  Seychelles does not have laws for the protection of 
integrated-circuit layout designs.  However, this has 
been catered for in the draft Industrial Property Act, notified in: 
WT/ACC/SYC/25 . 
Undisclosed Information  Citation to appropriate law or laws 
Provide protection for undisclosed information that is secret (not generally known or readily ascertainable); has commercial value because of its secrecy, and has 
been subject to reasonable steps to keep it secret.  
Article 39.2.
 The current legislation does not adequately cover undisclosed information. H o w e v e r ,  t h i s  h a s  b e e n  catered for in the draft 
Industrial Property Act, notified in: 
WT/ACC/SYC/25 . WT/ACC/SYC/18/Rev.2 
 
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  TRIPS Agreement  Seychelles 
General Obligations  IP Agreements to which Seychelles adheres 
Protect data submitted to obtain marketing approval 
for pharmaceutical or agricu ltural chemicals utilizing a 
new chemical entity.  Article 39.3.  The current legislation does not adequately cover undisclosed information. H o w e v e r ,  t h i s  h a s  b e e n  catered for in the draft 
Industrial Property Act, notified in: 
WT/ACC/SYC/25 . 
Enforcement  Citation to appropriate law or laws 
- General Provisions   
Provide for effective action  against infringement of 
intellectual property rights without creating barriers to legitimate trade or opportunities for abuse.  Article 41.1
 Copyright Act Trade Marks Decree Patents Act 
Provide enforcement procedures that are fair and equitable and are not unnecessarily complicated or costly and do not entail unreasonable time-limits or unwarranted delays.  Article 41.2 
 Copyright Act Trade Marks Decree Patents Act 
Provide decisions on the merits based upon the evidence presented in the case to the parties, preferably in writing with the reasons explained.  Article 41.3.
 Copyright Act Trade Marks Decree Patents Act 
Provide for appeals to judicial bodies of final administrative decisions and of at least the legal aspects of initial judicial decisions on the merits of a case.  Article 41.4.
 Copyright Act Trade Marks Decree Patents Act 
Civil and Administrative Procedures and Remedies.  Civil Procedure Code 
Provide a procedure that allo ws plaintiffs to bring an 
action for infringe ment; requires that defendants be 
notified; permits both side to present evidence in 
support of their position; and protects confidential 
information.  Article 42.  Civil Procedure Code 
Authorize judges to order production of evidence necessary to substantiate a party's claims where that party has been unable to obtain such evidence from 
the opposing party.  Article 43.1. 
 Civil Procedure Code 
Authorize judges to enjoin a defendant, except the government, from infringing intellectual property rights.  Article 44.1.
 Civil Procedure Code 
Authorize judges to order the payment of monetary damages adequate to compensate for the injury done by the infringement.  Article 45.1. 
 Civil Procedure Code 
Authorize judges to order infringer to pay right holders enforcement costs and recovery of profits 
and/or statutory dama ges.  Article 45.2. 
 Civil Procedure Code 
Authorize additional remedies including seizure of 
infringing goods, and the materials and implements 
the predominant use of which is infringement.  Article 46.
 Civil Procedure Code 
Authorize indemnification of defendant, including attorneys' fees in the event of abuse by plaintiffs.  
Article 48.1.
 Civil Procedure Code 
Exempt public authorities and officials from liability in 
connection with the administration of intellectual property laws only where the actions are taken or intended in good faith within the scope of tile relevant authority.  Article 48.2.
 Civil Procedure Code 
Ensure that administrative remedies conform to the principles in the preceding Articles.  Article 49.
 Civil Procedure Code 
- Provisional Measures   
Authorize judges to grant temporary restraining orders and provisional relief to prevent infringement and to preserve evidence.  Article 50.1.
 Civil Procedure Code 
Authorize judges to require the complaining party to indemnify the defending party against harm if the decision on the merits finds the provisional relief unjustified.  Article 50.3.
 Civil Procedure Code 
Provide for notice, for formal action by the plaintiff after temporary restraining orders, etc.  Article 50.4.
 Civil Procedure Code WT/ACC/SYC/18/Rev.2 
 
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  TRIPS Agreement  Seychelles 
General Obligations  IP Agreements to which Seychelles adheres 
- Border Measures   
Provide for suspension of release by customs 
authorities of goods suspected of bearing a counterfeit trademark or of being a piratical copyrighted work, either at the request of a right holder.  Members are auth orized to extend such 
protection to holders of other forms of intellectual property, Article 51.
 Seychelles does not have la ws for the enforcement of 
border measures.  This will be catered for by way of regulations under the Customs Management Act 2011. 
Require right holders initiating border measures to provide evidence of a prima facie infringement and a description of tile goods sufficient for customs authorities to recognize them.  The right holder must be notified within a reasonable time is action will be taken on his behalf.  Article 52.
 Seychelles does not have la ws for the enforcement of 
border measures.  This will be catered for by way of regulations under the Customs Management Act 2011. 
Authorize authorities to require the right holder requesting border measures to post a bond sufficient 
to protect the defendant and to prevent abuse.  
Article 53.
 Seychelles does not have la ws for the enforcement of 
border measures.  This will be catered for by way of regulations under the Customs Management Act 
2011. 
Requires prompt notification of the right holder and 
the importer when action under Article 51 is taken.  Article 54.
 Seychelles does not have la ws for the enforcement of 
border measures.  This will be catered for by way of regulations under the Customs Management Act 2011. 
Requires that customs authorities be notified within a maximum of 20 days of the receipt of notice that proceedings on the merits have begun or the 
suspension is to be revoked.  Article 55.
 Seychelles does not have la ws for the enforcement of 
border measures.  This will be catered for by way of regulations under the Customs Management Act 
2011. 
Authorities must be authorized to require the right 
holder to compensate the importer or owner of the 
goods subject to border measures if goods were wrongfully detained or if proceedings leading to a decision on the merits are not begun within tile allotted time.  Article 56.
 Seychelles does not have la ws for the enforcement of 
border measures.  This will be catered for by way of regulations under the Customs Management Act 2011. 
Right holders must be allowed to inspect the detained goods in order to substantiate the right holder's claims.  Importers must be given similar authority.  Members may give the right holder the names and addresses of those involved in the importation when infringement is found to exist.  Article 57.
 Seychelles does not have la ws for the enforcement of 
border measures.  This will be catered for by way of regulations under the Customs Management Act 2011. 
Establishes the conditions that must be in place if customs authorities are author ized to act ex officio, 
including the ability to ask the right holder for information at any time; the requirement to notify the importer promptly of the suspension; and the requirement that public officials be liable if they act in bad faith.  Article 58.
 Seychelles does not have la ws for the enforcement of 
border measures.  This will be catered for by way of regulations under the Customs Management Act 2011. 
Competent authorities must be able to order destruction or disposal other than by re-export of infringing goods where appropriate.  Article 59.
 Seychelles does not have la ws for the enforcement of 
border measures.  This will be catered for by way of regulations under the Customs Management Act 2011. 
Members are authorized to except from border measures small quantities of infringing goods of a non-commercial nature carried in personal luggage or shipped in small consignments.  Article 60.
 Seychelles does not have la ws for the enforcement of 
border measures.  This will be catered for by way of regulations under the Customs Management Act 2011. 
- Criminal Procedures   
Provide criminal procedures and penalties, sufficient to act as a deterrent, for wilful trademark counterfeiting or copyright piracy on a commercial scale.  Authorizes extension of criminal actions to other forms of intellectual property where infringements are wilful and on a commercial scale.  Article 61.
 Criminal Procedure Code Penal Code Trade Marks Decree Copyright Act 
 
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