e-TRIPS Gateway (Beta)

56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit goods.

Please refer to the responses to the Checklist on Issues of Enforcement.

57. Please quote what provisions of your legislation authorize the competent authorities to order the destruction or disposal of infringing goods.

Please refer to the responses to the Checklist on Issues of Enforcement.

58. Please indicate whether or not your legislation provides for a de minimis imports exception.

Please refer to the responses to the Checklist on Issues of Enforcement.

59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.

Please refer to the responses to the Checklist on Issues of Enforcement.

46. Please describe how your legislation provides for effective action against infringement of intellectual property rights.

Please refer to the responses to the Checklist on Issues of Enforcement.

47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial bodies of final administrative decisions.

Please refer to the responses to the Checklist on Issues of Enforcement.

48. Please describe how your legislation authorizes judges to order production of evidence by the opposing party. Please give precise information on what measures are taken to ensure the protection of confidential information.

Please refer to the responses to the Checklist on Issues of Enforcement.

49. Please quote provisions of your legislation that authorize judges to order a defendant to desist from an infringement.

Please refer to the responses to the Checklist on Issues of Enforcement.

50. Please quote what provisions of your legislation authorize judges to order the payment to the right holder of adequate damages to compensate the injury he suffered.

Please refer to the responses to the Checklist on Issues of Enforcement.

51. Please quote what provisions of your legislation authorize judges to order the payment of the right holder's expenses by the infringer.

Please refer to the responses to the Checklist on Issues of Enforcement.

52. Please explain if and how judges have the authority to order that infringing goods are placed outside channels of commerce or destroyed.

Please refer to the responses to the Checklist on Issues of Enforcement.

53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the event of abuse by the plaintiff.

Please refer to the responses to the Checklist on Issues of Enforcement.

54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.

Please refer to the responses to the Checklist on Issues of Enforcement.

55. Please identify the competent authorities in your jurisdiction who receive requests from right holders for an application to suspend the release of counterfeit goods by the customs authorities.

Please refer to the responses to the Checklist on Issues of Enforcement.

56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit goods.

Please refer to the responses to the Checklist on Issues of Enforcement.

57. Please quote what provisions of your legislation authorize the competent authorities to order the destruction or disposal of infringing goods.

Please refer to the responses to the Checklist on Issues of Enforcement.

58. Please indicate whether or not your legislation provides for a de minimis imports exception.

Please refer to the responses to the Checklist on Issues of Enforcement.

59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.

Please refer to the responses to the Checklist on Issues of Enforcement.

1. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in Articles 3 and 4 of the TRIPS Agreement.

In accordance with Art. 6 of the Berne Convention, Sections 145 and 146 of the Saint. Kitts and Nevis Copyright Act enable the Minister, by Order, to restrict or allow protection to works and nationals of any country specified therein. Section 145 allows the Minister to order that the provisions of the Copyright Act can apply on bases including nationality/ habitual residence, place of incorporation for bodies corporate, nature of the works and place of publication or performance. Section 146 confers a power on the Minister to restrict protection to countries that do not provide adequate protection to works of Saint Kitts and Nevis (SKN).

1. Are the provisions of the TRIPS Agreement, as far as not implemented in national law, directly applicable in the legal system of Seychelles?

Yes, all major provisions of the TRIPS Agreement are incorporated into the Industrial Property Act 2014 in Seychelles. The Commonwealth Secretariat had provided technical assistance to draft the Industrial Property Act 2014, and the draft was accepted by WTO Member states during Seychelles' WTO accession negotiation.