WORLD TRADE  
ORGANIZATION  RESTRICTED 
WT/ACC/SYC/18 
7 May 2012 
 (12-2446) 
Working Party on the 
Accession of Seychelles Original:   English 
 
 
 
ACCESSION OF SEYCHELLES 
 
Implementation of the WTO Agreement on  
Trade-related  Aspects of Intellectual Property Rights (TRIPS) 
  
 The following submission, dated 7 May 2012, is being circulated at the request of the Delegation of the Republic of Seychelles.  
 
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 WT/ACC/SYC/18 
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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 
P r o p e r t y  i n  r e s p e c t  o f  P a r t s  I I ,  I I I ,  a n d  I V  o f  t h e  TRIPS Agreement. TRIPS Article 2. Paris Convention 
Patent Cooperation Treaty (PCT) 
Under Paris, Article 1(2), industrial property has as its 
object patents, utility models, industrial designs, trademarks, service marks, tr ade names, indications of 
source or appellations of origin, and the repression of 
unfair competition. Paris Convention 
Patent Cooperation Treaty  
In Paris.  Article 1(3), industrial 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, na tionals 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 same 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 domic iles or that have "real 
and effective" industrial or commercial establishments 
in a Member country be tr eated 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, and 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), importation of a patented product 
manufactured in a Paris Union country cannot be the basis of forfeiture of the patent.  Articles 5(A)(2) and 
(3) authorize countries to us e compulsory licensing as 
a means to prevent abuses, su ch 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 fo r forfeiture or revocation 
cannot be institute until two y ears after the grant of the 
first compulsory license. Paris Convention 
Patent Cooperation Treaty   WT/ACC/SYC/18 
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  TRIPS Agreement Seychelles 
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 thos e that are protected. Paris Convention 
Patent Cooperation Treaty  
Article 5(C) prohibits cancellation of a mark for 
unjustified non-use before a reasonable period of time has passed and permits the proprietor to use differing 
elements that do not diminish  the distinctive character 
of a mark without invalidating the registration or diminishing the protection granted the mark.  
Concurrent use of the 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 against 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 makes 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 bear ings, 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  WT/ACC/SYC/18 
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  TRIPS Agreement Seychelles 
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 reservations, 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 trademarks applied for by their agent or 
representative without their authorization "unless the agent or representative justifies his action. Tradesmark 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.) Tradesmark Decree 
Paris Convention 
Patent Cooperation Treaty 
Article 7 bis requires that Members permit registration 
of collective marks belonging 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. Tradesmark Decree 
Paris Convention 
Patent Cooperation Treaty 
Article 8 requires that trade names be protected by 
Members without the necessity of registration, 
whether or not the names are part of a trademark. Tradesmark Decree 
Paris Convention 
Patent Cooperation Treaty 
Article 9 requires seizure on importation or exclusion or goods bearing a trademar k or trade name without 
authorization, unless a country's laws provide for 
neither remedy, in which case domestic actions and remedies must be available. Tradesmark 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. Tradesmark 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. Tradesmark 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.   Tradesmark Decree 
Paris Convention 
Patent Cooperation Treaty  WT/ACC/SYC/18 
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  TRIPS Agreement Seychelles 
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. Tradesmark 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 reproduction of trademarks. Paris Convention 
Patent Cooperation Treaty 
Article 19 authorizes Members to enter into separate 
and special industrial property 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. Tradesmark Decree 
Most favoured nation treatment, with enumerated 
exceptions.  Article 4. Tradesmark Decree 
Copyright and Neighbouring Rights Cita tion 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 protection 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. 
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 works 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 and 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 WT/ACC/SYC/18 
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  TRIPS Agreement Seychelles 
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-musical and musical works and any translation thereof and authors of literary and 
artistic works, the exclusiv e 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 au thors 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 exclusive right granted authors of musical works or written works that are recorded. Copyright Act 
Articles 14 requires that authors 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 lim itations authorized under 
Article 13(1). Copyright Act 
Article 14 bis specifies that a cinematographic work is 
to be protected as an orig inal 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 infr inging 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 which, 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 
Article 19 authorizes Union members to provide 
greater protection than that required by the 
Convention. Seychelles is not a party to the Berne Convention. 
Article 20 authorizes Union members to enter into 
special agreements among th emselves to provide more 
extensive rights than those provided by Berne. Seychelles is not a party to the Berne Convention.  WT/ACC/SYC/18 
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  TRIPS Agreement Seychelles 
Protect computer programs, whether in source or 
object code, as literary works under the Berne 
Convention.  Protect compilations 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 l east for computer programs 
and cinematographic works with certain exceptions.  
Article 11. Copyright Act 
Provide a term of protecti on 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 calen dar year of authorized 
publication, or, if not published within fifty years from 
making, fifty years from th e 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 indirectly, 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 rebroadcasting 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 servic e mark protection for any 
sign, or combination of signs capable of distinguishing 
the goods or services of one undertaking from those of 
other undertakings.  Article 15.1. Tradesmark Decree 
Not deny registration for a mark based solely on the 
nature of the goods or servi ces to which a trademark is 
to be applied.  Article 15.4. Tradesmark Decree 
Trademarks must be published before or shortly after 
registration to permit opposition or opportunity to 
apply for cancellation.  Article 15.5. Tradesmark Decree WT/ACC/SYC/18 
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  TRIPS Agreement Seychelles 
Provide trademark owners the exclusive right to 
prevent unauthorized use iden tical or similar marks for 
similar goods or services of other parties if confusion is likely to result.  Article 16.1. Tradesmark Decree 
Presume confusion where an identical mark is used 
without authorization on identical goods or services.  
Article 16.1. Tradesmark Decree 
Provide protection for well know trademarks and 
service marks in accordance w ith Article 6bis, 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 registered 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. Tradesmark Decree 
Allow only limited exceptions to the rights conferred 
by a trademark such as fair use of descriptive terms.  Article 17. Tradesmark Decree 
Provide a period of protection for registration of at 
least seven years, renewable indefinitely.  Article 18. Tradesmark 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 use.  Article 19.1. Tradesmark Decree 
No encumbering of the use of a trademark by special 
requirements.  Article 20. Tradesmark Decree 
May establish conditions for licensing but compulsory 
licensing not permitted and owner of registered mark 
must be able to assign it w ith or without transfer of 
business.  Article 21. Tradesmark 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 geog raphical 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. Tradesmark Decree 
Protect against use of geographical indications even 
when literally true but which falsely represent that the 
goods originate in another territory.  Article 22.4. Tradesmark Decree 
Copyright Act 
Protect, with certain exceptions, appellations or origin 
for wines and spirits even against use accompanied by 
expressions such as "kind", "type", "style", etc.  
Article 23.1 and 24. Tradesmark Decree 
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. Tradesmark Decree  WT/ACC/SYC/18 
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  TRIPS Agreement Seychelles 
Industrial Designs Citation to appropriate law 
Provide, with certain exceptions, protection for new or 
original, independently created industrial designs.  
Article 25.1. Seychelles does not have laws for the protection of 
industrial designs.  So far, there has not been the need.  
This will be catered for in the new intellectual property legislation. 
Ensure that requirements for securing protection for textile designs are not prohibitive of such protection.  Article 25.2.  
Protection should last at least 10 years.   
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 are 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 product 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 righ ts 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 proof 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 WT/ACC/SYC/18 
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  TRIPS Agreement Seychelles 
Integrated-Circuit Layout Designs Citation to appropriate law 
Provide protection for original layout designs of 
integrated circuits that ar e 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.  So far, there has not 
been the need.  This will be catered for in the new intellectual property legislation. 
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.  
Provide such protection for a term of 10 years from 
the films, of an application for registration or from first commercial exploitation.  Article 38.  
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. Will provide further analysis after reviewing the 
appropriate Law. 
Patents Act. This will be further reinforced with the new 
intellectual property legislation. 
Protect data submitted to obtain marketing approval 
for pharmaceutical or agricultural chemicals utilizing a new chemical entity.  Article 39.3.  
Enforcement Citation to ap propriate 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 
Tadesmark 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 
Tadesmark Decree Patents Act 
Provide decisions on the merits based upon the evidence presented in th e case to the parties, 
preferably in writing with the reasons explained.  
Article 41.3. Copyright Act 
Tadesmark Decree Patents Act 
Provide for appeals to judicial bodies of final administrative decisions an d of at least the legal 
aspects of initial judicial decisions on the merits of a 
case.  Article 41.4. Copyright Act 
Tadesmark Decree Patents Act 
Civil and Administrative Procedures and Remedies. Civil Procedure Code 
Provide a procedure that allo ws plaintiffs to bring an 
action for infringement; 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  WT/ACC/SYC/18 
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  TRIPS Agreement Seychelles 
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 damages.  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 even t 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 
- 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 
authorized to extend such protection to holders of other forms of intellectual property, Article 51. Customs Management Act 
Seychelles Revenue Commission Tradesmark Decree 
Require right holders initiating border measures to 
provide evidence of a prim a 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. Customs Management Act 
Civil Procedure Code 
 
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. Civil Procedure Code 
Customs Management Act 
Requires prompt notification of the right holder and the importer when action under Article 51 is taken.  
Article 54. Civil Procedure Code 
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. Civil Procedure Code WT/ACC/SYC/18 
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  TRIPS Agreement Seychelles 
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. Civil Procedure Code  
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. Civil Procedure Code 
Customs Management Act 
Establishes the conditions that must be in place if 
customs authorities are authorized 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. Customs Management Act 
Competent authorities must be able to order 
destruction or disposal other than by re-export of 
infringing goods where appropriate.  Article 59. Customs Management Act 
Civil Procedure Code 
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. Civil Procedure Code 
Customs Management Act 
- 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 extensio n 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 
Tradesmark Decree 
Copyright Act 
 
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