Industrial Designs Law in Seychelles
In Seychelles, industrial design protection is governed by the Industrial Property Act, 2014 (Act No. 7 of 2014), which came into effect on March 1, 2015. This Act consolidated and modernized the country's intellectual property laws, providing a comprehensive framework for the protection of industrial designs, patents, trademarks, utility models, and other related rights .
📝 Definition of Industrial Design
An industrial design in Seychelles refers to the ornamental or aesthetic aspect of an article, resulting from features such as:
Lines
Contours
Colors
Shape
Texture
Materials(Inventa)
These elements must be new and original to qualify for protection. The design must not be dictated solely by technical or functional considerations .
🛡️ Protection Criteria
Novelty: The design must be new, meaning it has not been disclosed to the public anywhere in the world before the filing date.
Originality: The design must be independently created and not copied from existing designs.(vonseidels.com)
Non-functionality: Functional aspects of a product are not eligible for design protection; only ornamental features are considered.
Morality and Public Order: Designs that are contrary to public order or morality are excluded from protection .
📝 Registration Process
To register an industrial design in Seychelles:
Application Submission: File an application with the Registrar of Industrial Property. The application must include:
A request for registration.(SeyLII)
Information identifying the applicant.(SeyLII)
Drawings, photographs, or other adequate graphic representations of the design.(SeyLII)
An indication of the kind of products for which the design is to be used.(SeyLII)
A statement justifying the applicant's right to the design, if the applicant is not the creator.(SeyLII)
Examination: The Registrar examines the application to ensure it complies with the requirements of the Act.(WIPO)
Registration: If the application meets all criteria, the design is registered, and a certificate of registration is issued.
Publication: The registered design is published in the official gazette, providing public notice of the design's existence .
⏳ Duration and Renewal
Initial Term: The protection of a registered industrial design lasts for 5 years from the filing date.
Renewal: The protection can be renewed for two additional consecutive periods of 5 years each, totaling a maximum of 15 years.
Grace Period: A grace period of 6 months is provided for late payment of renewal fees, subject to the payment of a surcharge .
🌍 International Protection
Seychelles is a member of the Paris Convention for the Protection of Industrial Property, allowing applicants to claim priority for their design applications filed in other member countries. This facilitates the protection of industrial designs in multiple jurisdictions .
⚖️ Enforcement and Legal Recourse
Infringement of industrial design rights in Seychelles can lead to:
Civil Actions: The rights holder may initiate legal proceedings in the Supreme Court to seek remedies such as injunctions and damages.
Criminal Sanctions: In cases of willful infringement, criminal penalties may be imposed, including fines and imprisonment .
Administrative Measures: The Registrar has the authority to take administrative actions against infringing parties, including the revocation of registration in certain circumstances.
📌 Summary Table
| Aspect | Details |
|---|---|
| Governing Legislation | Industrial Property Act, 2014 (Act No. 7 of 2014) |
| Protection Criteria | Novelty, originality, non-functionality, and compliance with public order and morality |
| Registration Process | Application submission, examination, registration, and publication |
| Duration of Protection | Initial 5 years, renewable for two additional 5-year periods (total of 15 years) |
| Renewal | Possible within a 6-month grace period with surcharge |
| International Protection | Paris Convention member; priority claims available |
| Enforcement | Civil actions, criminal sanctions, and administrative measures |
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