SEYCHELLES: The New Industrial Property Act

April 2, 2015

The Industrial Property Act 2014 in the Seychelles entry into force on March 1, 2015.

The key contributions of the new Act include:

Trademarks:

  • It is now possible to claim priority in accordance with the Paris Convention.
  • The duration of a registration is now 10 years from the filing date instead of 7 years. The renewal term is 7 years instead of 14 years previously.
  • The time period of non-use has been reduced from 5 years to 3 years of uninterrupted non-use.
  • Collective, three dimensional marks, geographical indicators and trade names may be registered.
  • Opposition against an application by the prior user of a similar trademark, is possible provided that the opponent can show use of at least 6 months and establish a reputation and file an application for his trademark.
  • Transitional provisions provide that trademark registrations granted under the previous law must be renewed upon their expiry in accordance with the provisions of the new Act.

Patents:

  • PCT national phase applications are specifically recognized and reregistration of granted UK and European (UK) patents is longer possible.
  • Novelty requirements are absolute. However there is a 12 month disclosure grace period resulting from acts committed by the applicant or his predecessor in title, or acts or acts which constitute an abuse by a third party in relation to the applicant.
  • There is a list of inventions excluded from patentability. This includes namely methods of treatment of the human or animal body by surgery or therapy
  • There are provisions for Divisional patent applications.
  • There are provisions for Compulsory licences.
  • Patents are granted for 20 years from the filing date. Extensions of term are no longer possible. Annuities will fall due in respect of the second and each subsequent year from the filing date. A grace period of six months is provided for the late payment of patent annuities. Restoration of patent applications is not provided. 
  • Transitional provisions provide that patents granted under the previous law will remain valid for the remaining term of protection provided for under the repealed Act, but will be subject to the payment of annuities in accordance with the provisions of the new Act.

Utility Models:

  • Utility models concern minor inventions.
  • Utility models need to satisfy the requirement of novelty and industrial applicability. However, a six-month disclosure grace period is provided.
  • There is a list of inventions excluded from protection.
  • A patent application may be converted into a utility model application at any time prior to grant or refusal. Reciprocally, utility model applications may be converted into patent applications.
  • Utility model have a term of 10 years from the filing date. 

Industrial Designs

  • Filing an Industrial design application in Seychelles is now possible.
  • Industrial designs must be new and this requirement is absolute (worldwide). However there is a 6 month disclosure grace period resulting from acts committed by the applicant or his predecessor in title, or acts or acts which constitute an abuse by a third party in relation to the applicant.
  • Application for multiple designs incorporated in products belonging to the same class in accordance with the international classification may be filed.
  • Industrial designs have a term of 5 years, renewable for two successive terms of 5 years. A grace period of six months is provided for the late payment.
  • There are provisions for Divisional design applications.

Protection of Layout designs of integrated circuits are also provided under the new Act.

 


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