What are the causes of counterfeiting and piracy in Seychelles?
The effective detection of counterfeit products constitute a challenge for the authorities. Despite the efforts made to control the borders, Seychelles has many porous borders that make them hard to monitor, which accounts to be a major reason for their presence. Furthermore, research suggests that poor enforcement and low sanctions act as deterrents from registering the IP rights.
Which are the goods that most often face counterfeiting and piracy in Seychelles?
Apparel and artistic productions, medications, and electrical appliances are the goods that most often face counterfeiting and piracy in Seychelles.
Does Seychelles have a well-established framework for the enforcement of Intellectual Property Rights (IPRs)?
Yes
What are the specific laws/orders/rules laid down in Seychelles for the enforcement of Intellectual Property Rights?
The main laws governing intellectual property in Seychelles are as follows:
1. The Industrial Property Act of 2014, which replaces the Patent Act and the Trades Mark Decree;
2. The Copyright Act of 2014, which is a completion of the first law with the same name issued in 1984;
3. The Companies Law and the International Business Companies Act, which have been updated with elements related to the protection of intellectual property;
4. The Consumer Protection Law, the Fair Competition Law, and the Seychelles Investment Act; and
5. The Business Tax Law and the Penal Code also contain provisions related to the protection of intellectual property rights.
What are the different types of IPRs protected by IPR enforcement in Seychelles?
Patents, Industrial Designs, Layout Designs of Integrated Circuits, Trademarks, Trade Names, Geographical Indications, and Copyright are the different types of IPRs protected by IPR enforcement in Seychelles.
What are the general IPR enforcement obligations in Seychelles?
What are the essential to-dos before an IP rights holder initiates the enforcement proceedings?
Is there any limitation period for filing an infringement action?
Yes
*Any civil proceeding shall be initiated within 05 years from the date on which the rights holder knew or had reasons to know the infringing acts.
Which of the following IPR enforcement channels is/are available in Seychelles?
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Are civil actions available for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in civil litigation?
Yes
Which of the following types of civil remedies is/are available in Seychelles?
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Are there any other civil remedies available in Seychelles than the ones mentioned above? If yes, then kindly explain in brief.
No
What is the approximate timeline of civil litigation related to IPR enforcement in Seychelles?
What happens if an IP rights holder abuses the enforcement measures in civil litigation?
Are there any disadvantages of civil litigation in Seychelles? If yes, then kindly give 2-3 points?
No
Is criminal prosecution available in Seychelles for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in criminal prosecution?
Yes
Which is the responsible authority in Seychelles corresponding to the types of criminal remedies available? Also, mention the imprisonment term and the monetary fine.
A) Responsible Authority – The Supreme Court of Seychelles
B) Imprisonment Term - Industrial Property: up to 05 years; and Copyright: up to 10 years
C) Monetary Fine - Industrial Property: SCR 500,000; Copyright: SCR up to 100,000
Are there any other criminal remedies available in Seychelles than the ones mentioned above? If yes, then kindly explain in brief.
No
What happens if an IP rights holder abuses the enforcement measures in criminal prosecution?
Are there any disadvantages of criminal prosecution in Seychelles? If yes, then kindly give 2-3 points?
No
Are there any alternative dispute resolution mechanisms which allow parties to resolve their dispute out of court?
The techniques inclusive of alternate dispute resolution, although prevalent, are not frequently adopted. However, where put the parties and the terms of the contract agree to be subjected to such proceedings, they may resort to out of the court settlements by using ADR techniques.
Are border control measures (customs) available in Seychelles for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to the customs authority/department to support his claims of infringement against the opposing party/importer of counterfeit goods?
Yes
What are the remedies available under border control measures (customs) in Seychelles?
The remedies include destruction and disposal of goods outside the channels of commerce.
Who must bear the costs of customs intervention during enforcement?
The applicant must bear the cost of customs intervention during enforcement.
What happens if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs?
If the IP rights holder abuses the enforcement measures taken by the customs authority in furtherance of the request made or otherwise on the motion, the authority me decide to withhold itself from acting pursuant to the request and allow commercial circulation of such goods.
Which are the best practices for enforcement of IPRs in Seychelles?
Court proceedings
Are there any risks involved in the enforcement of IPRs in Seychelles? If yes, then kindly give 2-3 points.
IP protection is a new field in Seychelles, but an increasingly important one as the country explores new avenues for economic development At the institutional level, the lack of awareness, weak resources, and the country’s geography make enforcement problematic, which acts as a deterrent for businesses that would otherwise envisage entering the field.
