Seychelles

Industrial Property Act 2014 (Act No. 7 of 2014)

Year of Version:2015
Date of Entry into Force:March 1, 2015
Date of Text (Enacted):April 25, 2014
Type of Text:Main IP Laws: enacted by the Legislature
Subject Matter:Competition, Enforcement of IP and Related Laws, Geographical Indications, IP Regulatory Body, Industrial Designs, Industrial Property, Layout Designs of Integrated Circuits, Patents (Inventions), Trade Names, Trademarks, Transfer of Technology, Undisclosed Information (Trade Secrets), Utility Models
Notes:
Article 1 of Part I of the Industrial Property Act, 2014 states: 'This Act...shall come into operation on such date as the Minister may, by notice published in the Gazette, appoint'.
The Minister through the Intellectual Property Act (Commencement) Notice, 2014, published in the Official Gazette on December 22, 2014, announced that the Industrial Property Act 2014 comes into effect on March 1, 2015.

The notification by Seychelles to the WTO under Article 63.2 of TRIPS states:
'The 'Industrial Property Act, 2014' repealed and replaced the 'Patent Act, 1901' and the 'Trade Marks Decree, 1977'.

Protection of undisclosed information
Relevant provisions had been incorporated into the 'Industrial Property Act, 2014' which governed the protection of undisclosed information; defined what constituted undisclosed information, and specified the consequences of unauthorized disclosure, acquisition or use of confidential information.

Prevention of the abuse of intellectual property rights
Relevant provisions had been incorporated into the 'Industrial Property Act, 2014' part VIII, which governed the control of potential abuse of intellectual property rights (IPRs).

Civil judicial procedures and remedies Provisions with respect to administrative procedures and remedies, provisional measures and special border measures, as required by the TRIPS Agreement, is incorporated into the Seychelles Intellectual Property Legislation, i.e. the 'Copyright Act 2014' and the 'Industrial Property Act 2014'.

Under the Seychelles' Civil Code, the violation of the exclusive rights of the owners of copyright, trademark or patent resulted in civil liability by the offenders in the form of both compensation for the damages suffered by the proprietor, and the immediate prohibition of the illegal usage of the rights.

Prohibition, referred to in-land prohibitions only (i.e. in the territory of Seychelles).

Any infringement of intellectual property rights could result in: (I) a Supreme Court injunction to cease the infringement that the remedies stipulated in Seychelles' Civil Code were available to both Seychellois and foreign nationals.

Provisional judicial measures
The 'Copyright Act 2014' and the 'Industrial Property Act 2014' incorporated provisions of the TRIPS Agreement with respect to provisional measures.

Criminal procedures
Under the 'Industrial Property Act, 2014', the provisions stipulated a fine of up to SR500, 000 and/or imprisonment for up to 5 years.

Any administrative procedures and remedies not covered above
The 'Industrial Property Act 2014' contained specific provisions with respect to administrative procedures and remedies and are in full conformity with the TRIPS Agreement.'
Available Texts: 
English

Industrial Property Act 2014 (Act No. 7 of 2014) Industrial Property Act 2014 (Act No. 7 of 2014), Complete document (pdf) [3623 KB]

Related Legislation:
Historical Versions:
WIPO Lex No.:SC014

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