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Implementation of Industrial Property Rights Act 2014 in compliance with WTO TRIPS Agreement

Implementation of Industrial Property Rights Act 2014 in compliance with WTO TRIPS Agreement

The Commonwealth Secretariat is supporting the Government of Seychelles in developing and implementing the industrial property legislation and standards of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement.

Country: Seychelles
Host: Ministry of Finance, Trade and The Blue Economy (Registrar General’s Office)
Start Date: 1 May 2016
End Date: 1 May 2017
Policy Area: Trade
Policy Expert: Teddy Soobramanien
Project Manager: Pauline Campbell

Background

Legislation governing industrial property in Seychelles has undergone substantial overhaul in order to ensure Trade-Related Aspects of Intellectual Property Rights (TRIPS) compliance for World Trade Organisation (WTO) Accession.  

This overhaul has presented significant challenges to the Office of the Registrar General and practitioners especially in terms of new concepts being introduced within the legal and regulatory framework of the industrial property arena. Among these are Patents, Trade Secrets and undisclosed information including access to Medicine issues and Biotechnology, industrial designs, geographical indications, and Layout Designs of Integrated Circuits.

Goal

The goal of this project is to ensure full implementation of the Industrial Property legislations and compliance with the standards of the TRIPS Agreement.  Outputs will include a comprehensive Industrial Property policy which captures all the different actors, and consolidate the relationships and interlink to be able to identify and maximise the potential benefits which the new legal framework has presented to Seychelles.  

Important to the goal is the empowerment and capacity enhancement of the officers within the Registrar’s Division to better understand and implement the new legislations and by extension, trained practitioners who need to work with the new legislation.

The purpose of the project is to provide the Registrar’s Division with the necessary skills to implement the new legislation, strengthened capacity, and develop a comprehensive policy for the development of the Industrial Property Industry.

Impact

This project is likely to improve the Seychelles business environment. Seychelles will be able to attract a greater amount of investing, including Foreign Direct Investment and develop new sectors / industries which are IP Centred. Additionally, innovation and technological development in the Seychelles will improve.

The beneficiaries of this assignment will cover a broad area as most ministries will be directly linked to aspects of industrial property. Notably however, would be the Registrar General’s Office; Ministry of Finance, Trade Division and, the Prime Minister’s Office.

In addition, a range of government agencies/ministries associated with:  patents, trade secrets, medicines, Biotechnology designs, geographical indications etc. will form part of the large stakeholder groups.

Varied stakeholders and the country in general will gain by being able to understand, appreciate, participate and therefore better able to identify the benefits and also the exposures in all the positive aspects which the new legislation can and should bring for the country, especially given the recent accession of the Seychelles to the WTO.

Outputs

The outputs of this project are likely to include: 

  • Review of the current Industrial Property related legislation and policies and signal its complementarity to the implementation of Seychelles Industrial Property Act and TRIPS Agreement.
  • Provision of advice to the Registrar on policy development and Industrial property legislation.
  • Preparation of draft policy documentation for the consideration of the of the Registrar General and submission to cabinet.
  • On the job training. This will include capacity building exercises, utilising practical “live” cases, primarily for staff within the Registrar General’s Office. Assist staff in the correct implementation of the Industrial Property legislation.
  • Workshops to benefit both practitioners and policy makers involved in the processes and new structures relating to the Industrial Property Industry.