SEYCHELLES Law and Practice Contributed by: Valery Freminot, Salina Sinon, Ruby Simeon and Hazel Naiken, Rivard Nariman
made to the National IP Office of Seychelles. Patents in Seychelles are granted for 20 years from the date of the filing of the patent applica - tion. A patent application must include the following: • request – title of the invention, date of filing, priority date and bibliographic data of the applicant and inventor; • description of the invention; • visual materials – drawings, plans or diagrams that describe the invention (if necessary); • claims – a clear and concise definition of the invention for patent protection is being sought; and • abstract – a summary of the invention. A patent application attracts the following charg - es: an application fee, an examination fee, and an annual maintenance fee. Patents are territorial rights, meaning the exclu - sive rights conferred by patents are only effec - tive in Seychelles – ie, where the patent has been granted. A patent proprietor can take legal action in accordance with the Industrial Property Act 2014, including filing for injunctive relief and/or claiming damages from persons infringing the patent. The court may grant damages adequate to compensate the losses the patent proprietor has suffered as a result of the infringement. 7.2 Trade Marks A trade mark is defined under the Industrial Property (Marks) Regulations 2014 as a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.
In Seychelles, trade mark protection may be obtained through registration, by filing an appli - cation for registration with the National IP Office and paying the required fees. At the international level, a trade mark application may be filed with the trade mark office of each country in which protection is sought, or one may use the World Intellectual Property Organization’s Madrid Sys - tem. The term of trade mark registration is ten years. It can be renewed indefinitely every seven years on payment of additional fees. Trade mark registration will confer an exclusive right to the proprietor of the registered trade mark. In case of any infringement of the trade mark, an action may be brought under the Indus - trial Property Act 2014. As with other industrial property, the proprietor of a trade mark is entitled to injunctive relief and damages. 7.3 Industrial Design An industrial design constitutes the ornamental aspect of an article. The visual appearance of a product is protected, but not the way it works. Industrial designs that may be protected are required to be independently created and new. To be protected, the Industrial Property (Indus - trial Design) Regulations 2014 requires that the industrial design be registered at the IP Office. The owner of a registered industrial design may prevent third parties from making, selling or importing articles bearing or embodying a design that is a copy of the protected design, when such acts are undertaken for commercial purposes.
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