Trade-Related Aspects of Intellectual Property Rights - Laws and Regulations under TRIPS Art. 63.2

Laws and Regulations under TRIPS Art. 63.2 - View details of the document

English

French

Spanish

Main information

Document symbol

IP/N/1/SYC/2, IP/N/1/SYC/E/2, IP/N/1/SYC/I/1

Distribution date

1. Notifying Member

Notifying Member

Seychelles

On behalf of group

On behalf of other Members

3. Notification status

First notification

Amendment or revision to notified legal text(s)

Replacement or consolidation of legal text(s)

Previous notification(s) referred to if known

Main dedicated intellectual property law or regulation (Main laws and regulations must be notified in a WTO language (English, French or Spanish). Where an authentic national text of a law or regulation is not available in a WTO language, the authentic text of that law or regulation in a national language shall be notified, in addition to the translation into a WTO language.)

Other law or regulation (Other laws and regulations can be notified in a Member's national language)

6. Brief description

Protection of undisclosed information- Relevant provisions had been incorporated into the "Industrial Property Act, 2014" which governed the protection of undisclosed information; defined what constituted undisclosed information, and specified the consequences of unauthorized disclosure, acquisition or use of confidential information. Prevention of the abuse of intellectual property rights- Relevant provisions had been incorporated into the "Industrial Property Act, 2014" part VIII, which governed the control of potential abuse of intellectual property rights (IPRs). Civil judicial procedures and remedies- Provisions with respect to administrative procedures and remedies, provisional measures and special border measures, as required by the TRIPS Agreement, is incorporated into the Seychelles Intellectual Property Legislation, i.e. the "Copyright Act 2014" and the "Industrial Property Act 2014". Under the Seychelles' Civil Code, the violation of the exclusive rights of the owners of copyright, trademark or patent resulted in civil liability by the offenders in the form of both compensation for the damages suffered by the proprietor, and the immediate prohibition of the illegal usage of the rights. Prohibition, referred to in-land prohibitions only (i.e. in the territory of Seychelles). Any infringement of intellectual property rights could result in: (I) a Supreme Court injunction to cease the infringement that the remedies stipulated in Seychelles' Civil Code were available to both Seychellois and foreign nationals. Provisional judicial measures- The "Copyright Act 2014" and the "Industrial Property Act 2014" incorporated provisions of the TRIPS Agreement with respect to provisional measures. Criminal procedures- Under the "Industrial Property Act, 2014", the provisions stipulated a fine of up to SR500, 000 and/or imprisonment for up to 5 years. Any administrative procedures and remedies not covered above- The "Industrial Property Act 2014" contained specific provisions with respect to administrative procedures and remedies and are in full conformity with the TRIPS Agreement.

7. Date of entry into force

Date of entry into force (DD/MM/YYYY)

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8. Other date

Adoption, or

Enactment, or

Publication, or

Issuance by legislature or executive

None

DD/MM/YYYY

Laws and Regulations under TRIPS Art. 63.2 - View details of the document

Main information

1. Notifying Member

2. Subject matter

3. Notification status

4. Title of law or regulation

5. Nature of notification

6. Brief description

7. Date of entry into force

8. Other date

9. Other information (if applicable)

10. Contact information of agency or authority responsible

11. Link to Legal text

12. Notes