Is Custom Recordal of Intellectual Property Rights (IPRs) available in Seychelles?
Is Custom Recordal of IPRs compulsory in Seychelles?
Is it an effective measure to stop the infiltration of illegal and counterfeit products in Seychelles?
Which law forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Seychelles?
The laws are as follows:
The Customs Management Act 2011;
Section 32, Chapter 13 on ‘Border Measures for the Protection of Intellectual Property Rights,’ (S.I. 42 of 2014) Customs Management Regulations 2014; and
The Industrial Property Act 2014.
Is Custom Recordal of IPRs effective on import or export of goods or both?
Custom Recordal of IPRs is effective both on the import and export of goods.
What is the role of the customs department/authority? (Kindly give 2-3 points)
The role of the customs is to act in furtherance of the request made by the IP rights holder. Also, the customs may act on their own initiative to suspend the clearance of goods.
The customs are also expected to do the following:
1. Update their database in relation to the documents received;
2. Verify the authenticity of the supported documents and the originality of the goods concerned; and
3. In the case of certificate of registration for the intellectual property right, verify its authenticity with the Office of registration.
Where the information submitted is not satisfactory, the customs should not reject the application, but request for additional information.
Is there a procedure to record IP with the customs department/authority? If yes, then kindly explain it in brief.
For recording intellectual property rights with the customs, a rights holder has to submit an application in the form authorized to the customs at their postal address or through mail as specified below:
Commissioner for Customs, Customs Division Seychelles Revenue Commission P.O. Box 50 New Port Victoria +248 4 29 37 37 firstname.lastname@example.org
What documents are to be submitted along with the application for Custom Recordal of IPRs?
The documents should include, but not limited to, the following:
Certificate of registration for the intellectual property right concerned
Documents proving originality of good ‘infringed’ (if necessary)
Sample in the form of photograph or otherwise (if necessary)
Is the applicant required to execute a bond (against all liabilities and to bear the costs towards destruction, demurrage, and detention charges incurred till the time of destruction or disposal) with the customs department/authority for Custom Recordal of IPRs?
What is the time frame for the customs department/authority to notify the applicants whether their application (for custom recordal of IPRs) is registered or rejected?
Any intimation of such name shall be given at the earliest.
Does the customs department/authority have a centralized system or the Custom Recordal is required to be done with each port of entry in Seychelles by land, sea, and air?
The customs authority has a centralized system. Once an application is admitted, there are two kinds of notification requirements, which have to be met – one of which is internal notification requirement, which follows that all the units mentioned below and shall be notified of the findings following the identification of infringing goods.
Seaport Enforcement Unit (Post Office also) and/or Airport Cargo Unit
Risk Analysis Unit
Is there an online system for Custom Recordal in Seychelles?
There is online system for recording the intellectual property rights with the customs. A physical application in the forms prescribed by the customers have to be submitted.
What is the official fee for Custom Recordal in Seychelles?
What is the term of Custom Recordal of IPRs? Can it be further renewed?
After the Custom Recordal has been made, the suspension of clearance lasts for a period of 90 days.
Does the customs department/authority have a right to conduct raids and seize the counterfeit goods within Seychelles?
In which scenario does the customs department/authority suspend the clearance of imported goods?
If the customs authority finds that the goods being imported or exported are inclusive of goods, which means intervene with the legitimate rights of an IP rights holder, the customs may suspend the clearance of the said goods.
Who bears the liabilities and expenses related to suspension of the release of infringing goods?
The applicant must bear the liabilities and expenses related to the suspension of the release of infringing goods.
Is the IP rights holder authorized to examine the goods, the clearance of which has been suspended?
Is the IP rights holder authorized to request the information about the personal details of the importer and additional crucial piece of information concerning the consignment, which has been suspended from clearance?
Can the importer or the authorized representative of the goods, which have been suspended from clearance, request the information of the IP rights holder in question?
Within what timeframe the IP rights holder needs to confirm whether the goods are counterfeit or original after suspension?
Is the IP rights holder required to produce an injunction order or evidence of court proceedings to detain the goods?
If the answer to the above question is 'Yes,' then what is the deadline to do so?
Does the IP rights holder need to pay an additional bond for the detention of goods?
If the answer to the above question is 'Yes,' then to what extent and how is the valuation calculated?
Where a rights holder has requested the suspension of clearance of goods, the rights holder shall provide the Customs with a deposit to recover any losses in cases whereby the identified ‘infringing goods’ are unfounded or not evidenced. The request for deposit shall be made on guarantee as indicated in the form found in Annex 3. The guarantee will be in the form of bank guarantee and bankers cheque. The amount of deposit will be dependent on a case-to-case basis. Consideration will be given to the losses, liabilities, and damages caused by the suspension or lawsuits arising there from. Where the rights holder fails to comply, the Customs will release the goods.
In the scenario where the goods detained or seized are found to be infringing the IPRs of the IP rights holder in question, what steps does the customs department/authority take?
Once the goods are found, both the parties are intimated about the ongoing custom measures. The customs authority, thereafter, conduct a thorough inspection of the goods. The goods and the documents submitted by the parties are verified after which the customs decide upon the fate of the alleged infringing goods. Thereafter, the question of their disposal or re-exportation is concluded.
Does the customs authority invite the rights holder and importer to join the proceedings? Are there any consequences of failure to join such proceeding, if any?
No, the customs authority does not invite the rights holder and the importer to join the proceedings.
Before disposal/destruction of infringing goods, does the rights holder need to submit a ‘no objection’ or concurrence document?
Are there any disadvantages of Custom Recordal of IPRs in Seychelles? If yes, then kindly give 2-3 points?
If an IP rights holder is not satisfied with the action taken by the customs department/authority, can he/she initiate separate legal proceedings to enforce his/her IP rights?
To establish if the goods are counterfeit before the court of justice, will the affidavit by the IP rights holder suffice or any other documentary requirement is there?
Upon conclusion of proceedings before the Court of Justice, what are the possible remedies awarded by the court?
The possible remedies awarded by the court include destruction of goods or re-exportation of infringing/counterfeit goods.
Is the rights holder under an obligation to inform customs authority when his Intellectual Property Right ceases to be valid/ he ceases to be the owner of such IPR?