SEYCHELLES Law and Practice Contributed by: Valery Freminot, Salina Sinon, Ruby Simeon and Hazel Naiken, Rivard Nariman
The length of protection is five years. This is extendable for two further terms of five years each. The industrial designs owner may file for injunc - tive relief and/or claim damages against infring - ers. 7.4 Copyright Copyright is the right that creators have over their literary and artistic works. Copyright exists automatically when an original work is created in one of the categories that is protected by the Copyright Act 2014. These include but are not limited to: • books, pamphlets, articles, and other writ - ings; • speeches, lectures, addresses, sermons, and other oral works; • dramatic, choreographic works, and other works created for stage productions; • musical works; • works of architecture; • works of drawing, painting and sculpture, as well as other works of fine art; • photographic works; • computer programs and databases; and • illustrations, maps, plans, sketches, topogra - phy or architecture. Derivative works (eg, translations, adaptations, or traditional cultural expressions) are also pro - tected by the Copyright Act 2014. Registration of these works is not required for protection. However, Seychelles implements a voluntary registration system. This allows rights holders to voluntarily apply for registration of their works under the Copyright Act 2014. This is highly recommended, in order to establish a legal record of ownership. A creator seeking to
register a copyright may apply by filing an appli - cation at the IP Office and upon payment of a fee. Copyright gives an author two types of right: • economic rights, which allow the rights-hold - ers to derive financial reward from the use of their creative works by others; and • moral rights, which protect the non-economic interests of the author. These rights are protected during the life of the author and for 50 years after their death, regard - less of registration of the copyright. Where copyright is infringed, the court may grant – on the application of the owner – pre - liminary injunctions to prohibit the continuance of the infringement and/or impound the infring - ing works. In addition to the court ordering the infringer to desist from acts causing infringe - ment, the owner may be entitled to damages suffered as a consequence of the act of infringe - ment and resulting expenses. 7.5 Others Geographical indications (GIs) are place names used to identify the origin and quality, reputa - tion or other characteristics of products. To be registrable, a GI must be capable of distinguish - ing goods originating from a particular territory, region or locality or must possess characteristics attributed to its geographical origin. Once a GI is registered at the IP Office, it is pro - tected as long as the specific characteristics, quality or reputation that have been the basis for the grant of the protection exist. The term of a GI registration in Seychelles may thus be indefinite.
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