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Articles
Intellectual Property in Seychelles
Updated on Thursday 13th February 2020
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Foreign investors who move to Seychelles will obtain various rights, however, they will also be subject to various obligations. One of the rights a foreign citizen or company can attain in Seychelles is related to the registration of intellectual property rights.
Seychelles is a member of the World Intellectual Property Organization (WIPO) since 2000 and this guarantees the country’s citizens and companies the right to benefit from worldwide protection of the intellectual property rights obtained in their home country if they decide to have them registered with WIPO.
Below, our lawyers in Seychelles provide information about the intellectual property laws and the benefits that come with registering with the national and international organizations which protect such rights. We can also help you register trademarks, copyrights, patents and industrial designs in Seychelles.
Intellectual property legislation in Seychelles
Until 2014, Seychelles had 3 main laws that provided for the protection of intellectual property rights. Since 2014, a single law which now provides for the registration of all types of rights is in place. Additionally, other laws provide for the protection of rights obtain over intellectual property work.
The main laws governing intellectual property in Seychelles are:
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the Industrial Property Act of 2014 which replaces the Patent Act and the Trades Mark Decree;
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the Copyright Act of 2014 which is a completion of the first law with the same name issued in 1984;
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the Companies Law and the International Business Companies Act which have been updated with elements related to the protection of intellectual property;
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the Consumer Protection Law, the Fair Competition Law and the Seychelles Investment Act;
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the Business Tax Law and the Penal Code also contain provisions related to the protection of intellectual property rights.
Foreign investors who want to set up an offshore company in Seychelles can have the trading name registered as a trademark in the insular state. Our lawyers in Seychelles can handle the registration process of such a company.
The main types of intellectual property rights in Seychelles
Both natural persons and companies in Seychelles can register their intellectual property rights with the Seychelles Intellectual Property Institute. In the case of foreign citizens and companies operating in Seychelles, they can also register various intellectual property rights here if their home countries are members of the Paris Convention or if they have specific treaties in this sense with Seychelles.
The following intellectual property rights can be registered in Seychelles:
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- trademarks which are the most common intellectual property rights registered in Seychelles;
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- patents which are usually registered by inventors of innovative technologies;
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- copyrights which are attributed to those who create literary works, songs, etc.;
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- industrial designs are also recognized by the Seychelles Intellectual Property Institute.
These rights can take various forms, however, when applying for registration they all must comply with one requirement: that of being unique.
You can rely on our local specialists for assistance in registering trademarks and other intellectual property rights in this country. Those who are interested in company formation in Seychelles can also rely on our lawyers for guidance in setting up their businesses here.
Intellectual property registration procedures in Seychelles
Those who want to register various intellectual property rights in Seychelles are recommended to start the procedure as soon as possible, as it can be quite lengthy. With the help of our lawyers in Seychelles who can prepare the documents required for registration, both national and foreign applicants can rest assured that the procedure will be completed in due time. We would also like to mention that Seychelles is the most important members of the African Regional Intellectual Property Organization (ARIPO).
As a general rule, it is good to know that the registration of a trademark in Seychelles usually takes between 9 and 12 months.
Our lawyers can also help in other matters, such as real estate purchases for those who want to move to Seychelles.
Statistics on intellectual property filings in Seychelles
According to WIPO, both national and foreign citizens and companies have obtained various intellectual property rights in Seychelles in 2018. Statistics show that:
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- there were 209 patents in force in 2018 in Seychelles;
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- non-residents obtain 11 patents in Seychelles in 2018;
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- there were also 67 trademark classes registered by residents and 690 trademark classes registered by non-residents;
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- the total intellectual property filings in Seychelles in 2018 were 3,300.
For assistance in registering intellectual property rights in Seychelles, please contact us.
Meet us in Victoria
Call us now at +248 4321018 to set up an appointment with our business consultants in Victoria, Seychelles. Alternatively you can incorporate your company without traveling to Seychelles.
As a Valsen Fiduciaries client, you will benefit from the joint expertize of local lawyers and international consultants. Together we will be able to offer you the specialized help you require for your business start-up in Seychelles.
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