Seychelles is an independent republic within the British Commonwealth. It comprises115 islands spread over an area of 1.3 million kilometers in the Indian Ocean. The Capital, Victoria is situated on the main island, Mahe.

Capital: Victoria situated on Mahe Island

Population: 85,000 Area: 27 kms long and 11 kms wide

Languages: Creole, English and French are official languages

Exports: Tourism, Financial Services, Fish, Copra, Petroleum Products (Re-Exports), Cinnamon

Imports: Manufactured Goods, Food, Petroleum Products, Tobacco, Beverages, Machinery, Transportation Equipment

Trade Marks Decree no. 18 of 1977 and Trade Marks regulation of 1978.

Seychelles is a party to the following Conventions:

• Paris Convention (Industrial Property) (7th November 2002)
• PCT (Patents) (November 2002)
• WIPO Convention (16th March 2000)

• Power of Attorney, executed in the presence of a Notary
• 8 Original prints of the Trade Mark – device marks (per application)
• Class Specifications
• Details of applicant (name, address)

International Classification of goods and services.

Applications are examined by the Trade Mark Registry as to registrability and conflict with prior registrations or pending applications.

Opposition may be lodged within two months following the date of publication in the Official Gazette of the Trade Mark.

There is provision for extension of the opposition period.

Registration may be cancelled if the trade mark was registered without any bona fide intention to use the trade mark and there has in fact, been no bona fide use of the trade mark up to the date one month before the date of the application for cancellation.

Registration may also be cancelled if there has been no bona fide use of the trade mark for a continuous period of five years and one month up to the date of application for cancellation.

A trade mark registration is effective for an initial period of seven years and, thereafter, renewable for further periods of fourteen years.

Licensing is recognized. Recordal is required in order to be effective against third parties and for use to inure to the benefit of the owner.

1. Notarized License Agreement
2. Notarized Statutory Declaration
3. Notarized Power of Attorney from the Proprietor
4. Notarized Power of Attorney from the Licensee

Assignment of Trade Mark is possible.

1. Deed of Assignment
2. Power of Attorney from the Assignee

Patent Act (3rd March 1901)

Generally patent protection is obtainable via a national filing and by way of registration of a UK Registered patent (within three years of grant of patent in the UK). Seychelles is a member of the International Convention and PCT but implementing legislation has not yet been promuligated. The Registrar is currently accepting PCT national phase applications, applying the old legislation as to fees and requirements.

All documents need to be legalized by the UK High Commission or Consulate if executed outside the UK, otherwise only notarization is required. A specification in English is needed.

European Patents - Patent is also obtainable via a national filing and by way of a registration of a European Patent.

Local Novelty requirements apply and an application should be made before the invention has been published, manufactured, used, or sold in Seychelles. Disclosure at exhibitions is excused provided a patent application is filed within six months and the Registrar is advised in advance of the exhibition.

Independent patents are granted for a term of fourteen years counting from the date of application, and may be extended for seven years and exceptionally for fourteen years. If based on a UK or EU registration, the patent in Seychelles remain in force as long as the UK or EU patent is maintained. Maintenance fees are payable after four years from filing and annually thereafter. A six month’s grace is allowed.

A compulsory license may be obtained if:

1. The period is not being worked in Seychelles; or
2. The reasonable requirements of the public with respect to the invention cannot be supplied; or
3. Any person is prevented from working or using to the best advantage an invention of which he is possessed.

No provision is made for recordal of licenses. In order to be effective against third parties, an assignment should be recorded.

Copyright Act 1982

The Act deals with all matters relating to Copyright. For more information see the section on Copyright in “Our Expertise”