Seychelles IP Development

IP Overview on Seychelles
 
Seychelles is an independent republic within the BritishCommonwealth, comprising some 112 islands in the
 
Indian Ocean about 1600 kilometers east of the African coast and to the north of the Democratic Republic of
 
Madagascar.
 
 
The principal island is Mahe. Seychelles is member of the Paris Convention, PCT, WIPO, Convention WTO
 
and Hague Convention.
 
 
The protection of copyrights in Seychelles is governed by Copyright Act 1982 and Copyright (Registration)
 
Regulations 1984. The relevant regulations on trademark and patent are introduced as follows:
 
 
Trademark
 
International classification of goods and services is adopted in the trademark protection application in Seychelles. A separate application
 
is required for each class and the applications are examined for inherent registrability and conflict with prior registrations/pending
 
applications. Opposition to the application may be lodged within two months following the date of advertisement of the trademark
 
application. Extension of the opposition period is two months or such further period as may be allowed by the Registrar.
 
 
A trademark registration is effective for an initial period of seven years and, thereafter, renewable for further periods of fourteen years.
 
Licensing is recognized. The license agreement must provide for quality control by the licensor.
 
 
Patent
 
Patent protection is obtainable via a national filing and by way of confirmation of a UK patent (within three years of registration in the UK).
 
Seychelles is a member of the International Convention and PCT but implementing legislation for PCT has not yet been promulgated.
 
 
The Registrar is currently accepting PCT national phase applications, applying the old legislation as to fees and requirements but the
 
application then remains dormant.
 
 
As for the Patents, if you apply for a patent based on an existing United Kingdom (UK) patent, within 3 years of UK date of issue,
 
registration will normally be granted, and the patent will expire with UK patent. As for the Trademarks, only independent registration is
 
needed. But UK designs registrations are automatically extend to the Seychelles without the need for local registrations.
 
 
There is no provision for the patentable subject matter. As for the filing requirements, all documents need to be legalized by the UK Consul
 
if signed outside the United Kingdom. A specification in English is needed.
 
 
Local novelty requirements apply and an application should be made before the invention has been published, manufactured, used, or
 
sold in Seychelles. UK patents must be filed within three years of the date of grant in the UK. The application is subjected to formal
 
requirements only; there is no Examination as to Novelty.
 
 
Independent patents are granted for a term of fourteen years running from the date of application, extendible for seven years and
 
exceptionally for fourteen years. If based on a UK registration, the patent in Seychelles remains in force as long as the UK patent is
 
maintained. Maintenance fees are payable after four years from filing and annually thereafter. A six month grace period is allowed. No
 
maintenance fees are payable on confirmation of UK patents.
 
 
A compulsory license may be obtained if: the patent is not being worked in Seychelles; or the reasonable requirements of the public with
 
respect to the invention cannot be supplied; or any person is prevented from working or using to the best advantage an invention of which
 
he is possessed.



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