Country: Seychelles

Primary Contacts

Trade Mark Registration and Recordals Michelle Boyes
Trade Mark Renewals Julie Ryan
Patent Registration and Recordals Sean Paffard
Patent Annuities Sara Lloyd

Contentious Matters (Oppositions, Infringement Actions, etc.)

Trade Marks Martin Chinnery
Patents Louise Audhlam-Gardiner

Trade Mark Information

Can services be registered ? Yes
Single/Multi-Class Jurisdiction Single Class
Is the International Classification
followed ?
Yes - Ninth Edition, Nice Classification
Can Convention priority be claimed Yes
Documentation required to file Data is being populated - please direct queries to Lysaght & Co. at this time
Opposition period after publication Data is being populated - please direct queries to Lysaght & Co. at this time
Renewal due Data is being populated - please direct queries to Lysaght & Co. at this time
Grace Period Data is being populated - please direct queries to Lysaght & Co. at this time
Documents required to renew Data is being populated - please direct queries to Lysaght & Co. at this time
Proof of use due Data is being populated - please direct queries to Lysaght & Co. at this time
Documents required to file proof of use Data is being populated - please direct queries to Lysaght & Co. at this time
Can be struck off for non-use Data is being populated - please direct queries to Lysaght & Co. at this time

Patent Information

Member of PCT Yes
Can Convention priority be claimed Yes
Deadline for filing priority document Not specified
Does the priority document have to be
translated ?
N/A
Required Documents Substantive Application
- Power of Attorney, notarised;
- Specification in duplicate, in English;
- Deed of Assignment, notarised;

PCT National Phase Application
- Power of Attorney, notarised;
- PCT specification, in English;
- Deed of Assignment, notarised;

Reregistration Application
- Power of Attorney, notarised;
- Certified copy of UK/EP(UK) patent.
Duration Substantive Application
14 years from the filing date, extensible by 7 years and exceptionally for 14 years.

PCT National Phase Application
By implication, it appears that PCT national phase patents are currently also considered to have a term of 14 years from the international filing date, extensible by 7 (or exceptionally, 14) further years. We understand that new implementing regulations will be passed in due course which will amend this term to 20 years from the international filing date.

Reregistration application
Granted for the remaining term of the UK or EP(UK) patent upon which it is based.
Annuities Substantive and PCT National Phase Applications
Annuities are payable on the fourth anniversary of the filing date/ PCT filing date and annually thereafter.

Reregistration Application
No annuities payable.

News Articles: Seychelles


Seychelles - Re-registration of granted patents - update

As recently reported on this website, a new IP law has been published in the Seychelles, which is expected to come into force in the near future. The new law does not provide for the re-registration of granted UK or EP(UK) patents in the Seychelles. However, we have now been assured by the Registrar that the lack of any transitional periods in the new law for the continued filing of such re-registration applications will be addressed in the form of an amendment when the date of commencement of the law and the implementing regulations are established and published.


4th September 2014

Seychelles - New IP laws published

A new Industrial Property Act, 2014 has been published in the Seychelles. The date of commencement of the new Act is not yet known, but this date will be published in due course.

Inter alia, the new Act provides as follows:

Patents
• Patents may only be granted in respect of inventions which satisfy the criteria of novelty, inventive step and industrial applicability.
• The novelty requirement is absolute (worldwide), although disclosures within the 12 months immediately preceding the filing date/earliest priority date which result from acts committed by the applicant or his predecessor in title, or acts which constitute an abuse by a third party, are discounted.
• Amongst other things, plants and animals, as well as methods of treatment of the human or animal body by surgery or therapy, are excluded from patentability.
• Patents will be granted under the new Act for a term of 20 years from the filing date, and annuities will fall due in respect of the second and each subsequent year from the filing date. A grace period of six months is provided for the late payment of patent annuities.
• The reregistration of granted UK and European (UK) patents will no longer be possible under the new law.
• The transitional provisions of the new Act provide that any patents granted under the existing law (which law will be repealed when the new Act comes into force) will remain valid for the remaining term of protection provided for under the repealed Act, but will be subject to the payment of annuities in accordance with the provisions of the new Act as specified above.

Utility Models
• Utility models are provided for, which need only satisfy the requirements of novelty and industrial applicability. Utility models will have a duration of 10 years from their filing date. Patent applications may be converted into utility model applications at any time prior to grant or refusal of a patent. Similarly, utility model applications may be converted into patent applications.

Industrial designs
• Industrial designs may be protected under the new Act if they are independently created and new. The novelty requirement is absolute (worldwide), although disclosures within the 6 months immediately preceding the filing date/earliest priority date which result from acts committed by the applicant or his predecessor in title, or acts which constitute an abuse by a third party, are discounted.
• An application may relate to two or more designs incorporated in products belonging to the same class in the international classification.
• Industrial designs will be granted under the new Act for an initial term of 5 years from the filing date, and this term may be extended for two consecutive further periods of 5 years each upon payment of renewal fees. A grace period of six months is provided for the late payment of patent annuities.

Layout designs of integrated circuits
• Original layout designs of integrated circuits may be protected under the new Act, for a term of 10 years from the date of first commercial exploitation of the layout design anywhere in the world, or from the filing date of the layout design if the design has not previously been commercially exploited.

Trade Marks
• The new law establishes a right to claim priority in accordance with the Seychelles' accession to the Paris Convention.
• The duration of a registration under the new law will be 10 years from the filing date, rather than 7 years. However, the renewal term has been reduced from 14 years to 7 years.
• Under the new Act, a registration can be cancelled if there has been no use for 3 years or more. Under the existing Act, this term is 5 years.
• There are provisions in the new law for the registration of collective marks and geographical indications. The act also contains statutory provisions relating to unfair competition.
• The transitional provisions provide that any trade mark registrations granted under the existing law (which law will be repealed when the new Act comes into force) must be renewed upon their expiry, in accordance with the provisions of the new Act.

Copyright
• A new Copyright Act, 2014 has also been published, which is intended to give effect to the relevant provisions of the TRIPS Agreement. Again, this new Act will come into force on a date which is yet to be published.

For further information, please do not hesitate to contact us.


2nd September 2014



© 2007-14 Lysaght & Co.