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Custom Recordal of IPRs in Seychelles


Custom Recordal of IPRs
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.
Custom Recordal of IPRs is effective both on the import and export of goods.
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.
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 customs@src.gov.sc
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)
Any intimation of such name shall be given at the earliest.
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
  • Investigation Unit
  • Risk Analysis Unit
  • Passenger Terminal
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.
After the Custom Recordal has been made, the suspension of clearance lasts for a period of 90 days.
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.
The applicant must bear the liabilities and expenses related to the suspension of the release of infringing goods.
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.
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.
No, the customs authority does not invite the rights holder and the importer to join the proceedings.
The possible remedies awarded by the court include destruction of goods or re-exportation of infringing/counterfeit goods.