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

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

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

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

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

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

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

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).

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.

The Industrial Property Act 2014 grants patent protection for inventions relating to products and processes in all fields of technology. Please see sections 5(1), 18(1), 18(2)(a), 18(2)(b), 18(3) of Industrial Property Act 2014. Matters excluded from patent protection are mentioned in section 6(1) of the Industrial Property Act, 2014. Section 6(1) is in compliance with the TRIPS Agreement. Section 19 of the Industrial Property Act 2014 has provisions of exception to patent protection which are in compliance with the TRIPS Agreement.

Seychelles considers importation as "working a patent" and precludes compulsory licensing if a product is being imported.

Sections 23, 24, 25, 26, and 27 of the Industrial Property Act 2014 meet all the conditions enumerated in Article 31 of the TRIPS Agreement.

Section 109 of the Industrial Property Act 2014 provides the principle of the reversal of burden of proof in patent litigation in Seychelles.

Section 106 of the Industrial Property Act 2014 ensures that undisclosed test or other data submitted by an applicant to the responsible agency in the procedure for market authorization of a pharmaceutical, agricultural or chemical product is protected against discloser and against unfair commercial use by a competitor.

Yes. The exception to undisclosed information operates in circumstances, where it is necessary to protect the public or unless measures steps have been taken to ensure that the data are protected against unfair commercial use In addition this provision in the Industrial Property Act 2014 is in line with Article 39.1 of the TRIPS Agreement. The relevant authority in Seychelles is therefore responsible for ensuring that any exceptions being provided against the protection of undisclosed information is necessary to protect the public or whether measures have been taken to protect the data against unfair commercial use.

There is no time limit of protection for such undisclosed test data.

The Court have the authority to adopt provisional measures inaudita altera parte where appropriate. Please see section 111(2) of the Industrial Property Act 2014.

Section 111(3) of the Industrial Property Act 2014. The Court may require the applicant to provide any reasonably available evidence in order to satisfy it with a sufficient degree of certainty that the applicant is the rights holder and that the applicant's right is being infringed or that such infringement is imminent, and the Court may order the applicant to provide a security or equivalent assurance sufficient to protect the defendant and to prevent abuse.

The provisional measures and relevant procedures are prescribed on sections 108, subsections from (1) to (8) of section 111 of the Industrial Property Act 2014.

Sections 118(1), 118(2), 118(3), 118(4), 119, 120 of the Industrial Property Act 2014 can be used to combat counterfeiting and piracy. In addition, the Customs Management Act 2011 and through the enactment of subsequent Regulations (S.I 42 OF 2014 s.77 - 82) empowers Customs officials to handle goods deemed to be "counterfeit", "pirated", "infringing" etc. at the border. Section 115(3) of the Industrial Property Act 2014 has provision where public authorities or officers shall be exempted from liability where actions were taken or intended in good faith.