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Amendments to Trademark Laws

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Feb 25, 2015 (Newsletter Issue 3/15)
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New Industrial Property Act Passed

The Seychelles Parliament recently passed the new Industrial Property Act 7 of 2014, which makes important changes in respect of the protection of Trade Marks, Industrial Designs and Patents. The new Act will come into force from March 1, 2015.

Most significant changes are:
- The registration of defensive marks has fallen away under the new Act
- Collective marks, three dimensional marks, geographical indicators and trade names have been added
- Trademarks are valid for a period of 10 years from the filing date of the application
- Trademarks are renewable for consecutive periods of 7 years
- A 6 month grace period is allowed for the renewal of a registration, along with the payment of a penalty fee
- One exception to the duration of registration is that the term of a registered geographical indication will be indefinite, provided that the specific characteristics, quality or reputation which were the basis for the grant of protection continue to exist
- A registration will become vulnerable to cancellation where it has not been used by the registered owner or a licensee for an uninterrupted period of 3 years
- Direct trade mark infringement is provided by the new Act in the case of identical or similar marks and identical or similar goods or services where there is a likelihood of confusion, but also provides for protection against dilution of well-known marks
- A likelihood of confusion shall be presumed in the case of use of an identical mark for identical goods or services
- Allowance for use of a registered mark in comparative advertising, provided that use of the mark is not of such a nature as to deceive the public and does not constitute unfair competition.

For more information on the Industrial Property Act 7 of 2014, please click here