JEE Africa

SEYCHELLES is a member of the Paris Convention and Madrid agreement.

Seychelles is a member of the Paris Convention and the World Trade Organisation. The Industrial Property Act 7 of 2014 only came into effect on 1 March 2015 and the commentary given below is based on the information available at the time of writing.

Provision is made for the registration of trade marks for goods and services as well as for certification marks and collective marks.  Three-dimensional marks and well-known marks are also expressly protected.

Documents required for trademark registration

1. Full particulars of the applicant

2. Power of attorney (notarized)

3. Electronic prints of the mark in the case of device mark

4. Certified copy of the priority document (if applicable)

Renewals

Registration is for an initial period of 10 years and renewable after every 7 years.

Documents required for Renewals

Power of Attorney signed before a Notary Public or under corporate seal.

Documents required for Assignments/Mergers

1. Power of Attorney signed before a Notary Public or under corporate seal.

2. Deed of Assignment or other instrument of title signed before a Notary Public or under corporate seal, with verified English translation.

Documents required for Change of Name

1. Power of Attorney signed before a Notary Public or under corporate seal.

2. Certificate of Change of Name, with verified English translation.

Documents required for Change of Address

Power of Attorney signed before a Notary Public or under corporate seal.

Documents required for Licenses/Registered Users

1. Powers of Attorney from proprietor and licensee signed before a Notary Public or under corporate seal.

2. Declaration and Statement of Case, with verified English translation.

3. License Agreement signed before a Notary Public or under corporate seal, with verified English translation.

Patent protection is available via a national filing or via registration of a UK granted patent in Seychelles.

Although it is possible in a PCT international application to designate Seychelles, the laws in Seychelles have not been amended to cater for the PCT. Accordingly, it is not clear whether enforceable rights will be obtained via PCT national phase filings in Seychelles.

PATENTS

Filing Requirements

Re-registration of granted UK or European (UK) patent

1. Power of Attorney (notarized) (required on the day of filing)

2. Form of Application (simply signed) (required on the day of filing)

3. Copy of the granted UK or European (UK) patent (required on the day of filing)

National Phase PCT Application:

Seychelles patent legislation does not make provision for PCT applications, nor are filing requirements for such applications specified. At present, we advise applicants to lodge the same documents as for a non-PCT application, plus the following:

1. Copy of International Publication

2. Copy of International Search report

3. Copy of International Preliminary Report on Patentability

Patent of Invention

1. Power of Attorney (notarized)

2. Specification, claims and abstract in English (required on the day of filing)

3. Formal drawings, if applicable (required on the day of filing)

4. Assignment of Invention (notarized)

5. Priority document with verified English translation, if applicable

Duration and Renewal

The patent remains in force for so long as the UK patent on which it is based remains in force. The term of a patent of invention is fourteen years from the filing date. The patent may be extended for a further period of seven years (and in exceptional cases for fourteen years upon request). The term for national phase PCT applications are not yet clear.

No renewal fees are payable on UK re-registrations. For national applications, renewal fees fall due four years from the date of filing and annually thereafter.

A United Kingdom design extends automatically to the Seychelles.

Seychelles is not a member of the Berne Convention.

The Act provides for the following works to be eligible for copyright protection:

• literary works

• musical works

• artistic works

• performances of literary or musical works

• films

• sound recordings

Copyright is also provided for works of Seychelles folklore. Special provisions apply to the copyright in Seychelles folklore.

Literary works are further defined to include:

• books, novels, stories, poetic works

• plays, mime, stage directions, film scenarios, broadcasting scripts

• textbooks, treatises, histories, biographies, essays, articles

• scientific works, tables and compilations of data

• encyclopaedias, dictionaries

• letters, reports, memoranda

• lectures, addresses and sermons

• computer programs.

Artistic works are further defined to include:

• paintings, drawings, etchings, lithographs, woodcuts, collage, prints, engravings

• maps, plans, diagrams, sketches or illustrations

• works of sculpture

• three-dimensional works relating to geography, topography, or science

• photographs

• works of architecture

• works of artistic craftsmanship or applied art.

For literary, musical or artistic works to be eligible for copyright, sufficient effort has to be expended to make the work original, and the work must have been written down, recorded or otherwise reduced to material form.