WORLD TRADE  
ORGANIZATION  RESTRICTED 
WT/ACC/SYC/16 
6 October 2011 
 (11-4856) 
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) 
   The following submission, dated 19 September 2011, is being circulated at the request of the 
Delegation of the Republic of Seychelles.  
 
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 WT/ACC/SYC/16 
Page 2  
 
  1. The Republic of Seychelles respects intellectua l property rights, and re gards laws and other 
measures to protect them as an important aspects 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 dissemination 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 add ition, the country became a contracting party to 
the Paris Convention for the Protection of Indus trial Property and the Patent Cooperation Treaty 
(PCT) on 7 November 2002.   
3. The current legislations which affect intell ectual property are the Copyrights Act of 1984, the 
Trade Marks Decree of 1977 and the Patents Act of  1901.  The Government acknowledges that there 
are weaknesses in the intellectual property regime in Seychelles.   
4. Currently, WIPO is reviewing the legisla tion which affects the intellectual regime in 
Seychelles.  Given that Seychelles is in the accessi on process, the Government has requested that it is 
placed in the "fast track mode" within WIPO's In tellectual Property Development Plan (IPDP) that it 
provides to member States.   
FUTURE PROGRAMME 
 With the target of implementing the Agr eement on TRIPS by 2014, the following programme 
will be carried out: 
A. Legislation 
 In Seychelles intellectual property rights are stipulated in three pieces of legislation:  
Patents Act (1901), Tradesmark Decree (1977) and 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 th ese pieces of legislation and recommended corrective 
actions to be undertaken.  These laws will be redrafte d with the assistance of the WIPO as part of the 
Intellectual Property Development Plan (IPDP) duri ng the fourth quarter of 2011 and first quarter 
of 2012; in addition new legislati on would be drafted and submitted to  the legislature to include areas 
such as geographical indications and protection of industrial designs and plant varieties. 
B. Implementing Regulations, Procedures and Manuals 
 Implementing Regulations, procedures and manuals will be part of the drafting of the new Acts. 
C. Administrative Infrastructure 
The three laws are administered by two different Ministries; patents and trademarks by the Registrar 
General (Legal Affairs) and copyright by the Depart ment of Culture.  The creation of an intellectual 
property office is envisaged to consolidate r esources in intellectual property management and 
enforcement.  WT/ACC/SYC/16 
 Page 3 
 
 
  D. Automation 
 The Registrar General is currently being assist ed 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 by the end of 2011. 
E. Enforcement 
 Enforcement capacity is weak in the current institutions implementing intellectual property.  
It is expected that with the implementation of th e IPDP, individuals will be adequately trained to 
enforce intellectual property protection. 
F. Training and Human Resource Development 
 Seychelles will seek assistance from developm ent partners to assist with human resource 
development in the area of intellectual property mana gement and protection prior to and after accession. 
G. Synoptic Table 
 A synoptic table on the acti on programme is attached. 
  
  WT/ACC/SYC/16 
Page 4 
Action Plan for the Implementation of the TRIPS Agreement 
Areas of TRIPS Seychelles 
Citation to related laws and regulations Note 
Compliance/Action plan 
1. Copyright and related rights Definition 
The Copyrights Act (1984) lists the following works that are eligible for copyright protection:  literary works, musical works, artistic works, pe rformance of literary or musical works, films, 
sound recordings and broadcasts.  
 
Coverage 
Copyright is the protection of an eligible work by an exclusive right conferred on the author or 
another person to control for a period of 25 years from first publication or from when the event took place (Section 8 and 9)  in Seychelles or a nother place all or any pa rt, of the copying, 
reproduction, communication to the public or broadcasting of the work.  A Copyrights Bill has been drafted 
which is in compliance with the Berne 
Convention (1886) and other relevant Conventions. 
 
 The Bill will be circulated prior to the 
next Working Party meeting for 
comments. 
2. Trademarks Definition 
Trademarks, whether in relation to goods or serv ices, are governed by the Trade Marks Decree 
(1977).  Any person claiming to be the proprietor of a trademark used or proposed to be used by 
him or her, who is desirous of registering it, must apply in writing to the Registrar of Trade Marks for registration of that mark. 
 
Coverage 
The registration of a trademark is for a period of seven years and may be renewed  for 14 years 
with possible extension from time to time.  This Decree was reviewed in 
January 2010.  As part of the IPDP, 
this piece of legislation will be 
redrafted taking into account new developments and relevant 
international treaties and conventions. 
 The redrafting is expected to 
commence in the fourth quarter 
of 2011. 
3. Patents Definition 
The Patents Act (1901) governs patent protection in Seychelles.  Only inventions which have been 
deemed to be fairly described by the Patent exam iner and the application and drawings have been 
prepared according to that Act can be patented.  According to the Ac t, the Registrar of Patent is 
also required to register UK Patents. 
 Coverage 
By Law, patents for inventions are valid for fourteen years from the date of application was 
received by the Registrar of Pate nts. However, the President of the Republic may, on petition 
made by a patentee at least six months before the time limited for the expiration of the patent, 
extend his patent for a further term of seven years or fourteen year s in exceptional cases. This Decree was reviewed in January 
2010.  As part of the IPDP, this piece 
of legislation will be redrafted taking 
into account new developments and 
relevant international treaties and 
conventions.  
The redrafting is expected to 
commence in the fourth quarter of 2011. 
4. Geographical indications There are no provisions for the regi stration of geographical indications under Seychelles' Law. To be undertaken as part of the IPDP 
with WIPO.  
   WT/ACC/SYC/16
 Page 5Areas of TRIPS Seychelles 
Citation to related laws and regulations Note 
Compliance/Action plan 
5. Industrial designs No protection is currently provided. To be undertaken as part of the IPDP 
with WIPO. 
6. Plant varieties No protection is currently provided. To be undertaken as part of the IPDP 
with WIPO. 
7. Layout designs of integrated 
circuits No protection is currently provided. To be undertaken as part of the IPDP 
with WIPO. 
8. Protection of undisclosed 
information No protection is currently provided. To be undertaken as part of the IPDP 
with WIPO. 
9. Enforcement The Copyright Act, the Trade Marks Decree and the Patents Act contain provisions which lay 
down the procedures and measures dealing with infringement of intellectual property rights. For instance, according to Section 22 of Part VI of the Copyright Act (Chapter 51), a person who for the purposes of trade or business has in his possession any infringing copy of a work in which copyright subsists is guilty of an offence and is liable to a fine of SR 1,000 (approximately US$80) for each infringing copy and to im prisonment for one year.   
 According to the First Schedule to the Trade Marks Decree, a person who, not being proprietor of a trademark or a registered user thereof using by way of permitted use, uses a mark identical with 
it or so nearly resembling it as to be likely to deceive or cause confusion, in the course of business, in relation to any goods or services in respect of wh ich it is registered, shall be deemed to infringe 
the exclusive right of the proprie tor of that trademark.  If found guilty of infringement of a 
trademark(s), a person is liable to a fine  not exceeding SR 5,000 (approximately US$400). 
 
Under the Seychelles Civil Code which is modell ed on the Napoleonic Civil Code, the violation of 
the exclusive rights of the proprietors of a copyright, trademark or patent entails inevitably the 
civil liability of the offenders and involves both compensation for the damages suffered by the 
proprietor and the immediate prohibition of the illegal usage of those rights.  In other words, any 
infringement of intellectual property rights in Seychelles may result in a Supreme Court injunction to cease the infringement and in compensation for damages. The Seychelles Government in 
collaboration with WIPO, is in the 
process of initiating the 
implementation of the IPDP which 
broadly entails reviewing the current legislation governing intellectual 
property protection and the 
implementing mechanisms including the institutional framework. 
As part of the reforms to the 
institutional framework, Seychelles 
will be setting up an intellectual property office.  The main purposes 
of this office will be to allow for the 
consolidation and coordination of resources towards intellectual 
property development and 
enforcement.  There would be more energy to reform the current legal 
framework as the laws would be the 
tools used by the institution to run 
effectively.   
 
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