Geographical Indications Law in Seychelles
Geographical Indications (GI) Law in Seychelles
1. Legal Framework
Seychelles has specific legislation for the protection of Geographical Indications:
Industrial Property Act, 2014 (Part VII, Sections 69–75)
This Act is administered by the Seychelles Industrial Property Office (SIPO) under the Ministry of Investment, Entrepreneurship and Industry.
The Act provides for the registration, protection, and enforcement of GIs independently of trademark law.
2. Definition of Geographical Indication
According to the Industrial Property Act:
A Geographical Indication is an indication which identifies a product as originating from a territory, region, or locality of a country, where a given quality, reputation, or other characteristic of the product is essentially attributable to its geographical origin.
3. Scope of Protection
The Act prohibits:
Misuse of a registered GI on goods not originating from the indicated area.
Use of a GI that falsely represents the origin of the goods, even if the true origin is indicated or if the GI is used in translation.
Use that misleads the public regarding the true origin of the product.
4. Registration Process
GIs must be registered with the Seychelles Industrial Property Office.
Application must include:
Name and address of applicant
The GI to be registered
The geographical area of origin
Description of the goods and their quality or characteristics linked to the geographical origin
The application is examined and published for opposition before final registration.
Foreign GIs can also be registered in Seychelles if they are protected in their country of origin.
5. Duration and Renewal
GI protection is indefinite as long as:
The qualities or characteristics linked to the geographical origin persist.
The GI is not cancelled or invalidated through legal proceedings.
6. Enforcement
Right holders or public authorities may initiate civil or administrative proceedings against infringement.
Customs authorities may be involved in preventing the import/export of goods bearing infringing GIs.
7. International Commitments
Seychelles is a member of the:
World Trade Organization (WTO) – complying with the TRIPS Agreement
African Regional Intellectual Property Organization (ARIPO) – observer
Paris Convention for the Protection of Industrial Property
8. Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Industrial Property Act, 2014 |
| Competent Authority | Seychelles Industrial Property Office (SIPO) |
| Types of Protection | Geographical Indications (GIs) |
| Registration | Mandatory for protection |
| Duration | Indefinite (subject to compliance) |
| Enforcement | Civil and administrative proceedings; customs enforcement possible |
| International Compliance | WTO TRIPS, Paris Convention |
9. Potential Products for GI Protection
While no globally famous GI products from Seychelles are registered yet, potential candidates include:
Seychelles Vanilla
Coconut-based artisanal products
Locally produced rum and tea
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