Seychelles

Seychelles is an independent republic within the British Commonwealth, comprising some 112 islands in the Indian Ocean about 1600 kilometres east of the African coast and to the north of the Democratic Republic of Madagascar. The principal island is Mahé.

General information

• Capital: Victoria on the Island of Mahé
• Population: 79 164
• Area: 455 km2
• Languages: French, Creole, English-official languages
• Exports: Copra; fish; cinnamon; bark; petroleum products (re-exports)
• Imports: Manufactured goods; food; petroleum products; tobacco; beverages; machinery and transportation equipment
• Currency: Seychelles Rupee

Trademarks

Law:

Trade Marks Decree no. 18 of 1977 and Trade Marks Regulations of 1977, effective January 4, 1978, repealing the Merchandise Marks Act no. 23 of 1903 as amended.

International Conventions:

WIPO, WTO, Hague Convention.

Requirements for Application:

(a) Power of attorney, executed in the presence of a notary public.
(b) Ten prints of the trade mark - device marks.

Classification:

International classification of goods and services. A separate application is required for each class.

Procedure:

Applications are examined as to inherent registrability and conflict with prior registrations/pending applications.

Opposition:

Opposition may be lodged within two months following date of advertisement of the trade mark application.

Extension of the opposition period is two months or such further period as may be allowed by the Registrar.

Use:

Registration may be cancelled if the trade mark was registered without any bona fide intention to use the trade mark and there has, in fact, been no bona fide use of the trade mark up to the date one month before the date of the application for cancellation.

Registration may also be cancelled if there has been no bona fide use of the trade mark for a continuous period of five years and one month up to date of application for cancellation.

Authorised use by a third party cannot be relied on by the proprietor unless the user is recorded as a registered user.

Duration and Renewal:

A trade mark registration is effective for an initial period of seven years and, thereafter, renewable for further periods of fourteen years.

Licensing/Registered Users:

Licensing is recognised. Recordation is required in order to be effective against third parties and for use to inure to the benefit of the owner.

The license agreement must provide for quality control by the licensor.

Requirements:

(a) Notarised license agreement;
(b) Notarised statutory declaration and statement of case;
(c) Notarised power of attorney from the proprietor;
(d) Notarised power of attorney from the licensee.

Assignments:

Assignments are possible and may be made with or without goodwill of the business.

Requirements:

(a) Deed of assignment;
(b) Power of attorney from the assignee;

Marking of Goods:

Notice of registration by use of the legend ‘Registered Trade Mark’ or suitable abbreviation (eg. ‘Regd. Tm.’) or symbol ® optional.

Follow the importer’s instructions or specific contract specifications.

Patents

General:

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.

Patentable Subject Matter:

No provision.

Filing Requirements:

All documents need to be legalized by the UK Consul if signed outside the United Kingdom, otherwise only notarisation is required. A specification in English is needed.

Novelty:

Local novelty requirements apply and an application should be made before the invention has been published, manufactured, used, or sold in Seychelles. Disclosure at exhibitions is excused provided a patent application is filed within 6 months and the Registrar is advised in advance of the exhibition. UK patents must be filed within three years of the date of grant in the UK.

Examination:

The application is subjected to formal requirements only; there is no Examination as to Novelty.

Duration/Maintenance:

Independent patents are granted for a term of fourteen years counting 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. Six months´ grace is allowed. No maintenance fees are payable on confirmation of UK patents.

Working:

A compulsory licence 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.