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

The Industrial Property Act 2014 (Act No. 7 of 2014), which entered into force on March 1, 2015, repealed the Patents Act (Chapter 156) and the Trade Marks Decree (Chapter 239).

Changes Brought by the new Industrial Property Act (Act No. 7 of 2014)

  1. Extension of the term of a patent from 14 to 20 years
  2. Prolongation of the period of a trademark registration, which is now of 10 years from the filing date of the application with a renewal for 7‑year periods
  3. Establishment of the protection system for industrial designs, utility models and layout designs of integrated circuits.

1. PATENTS

An invention is patentable if it is new, involves an inventive step and is industrially applicable.

An invention, shall be considered new if it is not anticipated by prior art.

For a local application the following information and documentation is required:

  1. a request for the grant of the patent
  2. a description of the invention
  3. one or more claims and any drawings referred to in the description or any claim
  4. an abstract
  5. Power of Attorney (notarised)
  6. certified copy of priority document (if priority is claimed)
  7. PCT application if required

It usually takes about 18-24 months for the Registrar of Patents in the Seychelles Intellectual Property Office to process an application for registration.

2. TRADEMARK

A trade mark can be registered in the Seychelles pursuant to The Industrial Property Act, 2014 (Act 7 of 2014) which provides for local trade mark applications with effect from the date of application.

The following information and documentation is required:

  1. name of the trade mark
  2. 10 copies of the mark (unless mark is word only)
  3. class(es) and specification of goods and/or services
  4. applicant’s name and address
  5. Power of Attorney (notarised)
  6. certified copy of priority document and Declaration (if priority is claimed)

It usually takes about 8-12 months for the Seychelles Intellectual Property Office to process an application for registration.

Once the registration is complete the Office will issue a Certificate of Registration.

Classes

The International Classification system is used. Multi-class applications are not allowed. A separate application is required for each class of goods and/or services.

Renewal

A trade mark registration is valid for 10 years after which it can be renewed for further periods of seven years.

3. LAYOUT-DESIGNS OF INTEGRATED CIRCUITS

A layout-design shall be considered original if it is the result of the intellectual effort of its creator and if, at the time of its creation, it is not known among the creators of layout-designs and manufacturers of integrated circuits.

A layout-design, which consists of a combination of elements and interconnections that are common, shall be protected only if the combination, taken as a whole, is original within the meaning above.

The right to layout-design protection shall belong to the creator of the layout-design. Where several persons have jointly created a layout -design, the right shall belong to them jointly.

Applications for the registration of layout-designs shall be in writing and shall be filed with the Registrar and separate applications shall be filed for each layout-design.