REPUBLIC OF SEYCHELLES WTO ACCESSION

Trade Division September 2014

INTRODUCTION

Initiated accession in 1995 to become a member of the World Trade Organization (WTO). In July 1995 Seychelles’ own Working Party was established currently chaired by Ms. Hilda Ali Al-Hinai.

In 1998 Seychelles suspended its accession to the WTO due to lack of human capacity.

Re-started its accession in 2008 with the submission of its Memorandum of Foreign Trade Regime (MOFTR) easing its re-entry in acceding to the WTO.

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PRINCIPLES OF WTO

I. Most Favored Nation (MFN)II. National TreatmentIII. More open and predictable tradeIV. TransparencyV. Development dimension

STATUS OF NEGOTIATION

• 38 working party members and has so far successfully held six working party meetings in Geneva, Switzerland.

• With the first held in February 1997, followed by November 2010, July 2012, June 2013, November 2013 and July 2014.

BILATERAL

As part of the accession, Seychelles has sign nine bilateral with the following countries; Canada, European Union, Mauritius, Oman, South Africa, Switzerland, Thailand, Japan and the United States of America

DOCUMENTS SUBMITTED

Seychelles has submitted further additional documents known as checklist and questionnaires to finalize its accession process.

The documents submitted are as follows: Checklist of Illustrative Sanitary and Phyto-

sanitary (SPS) Issues for Consideration in Accessions

Checklist of Technical Barriers to Trade (TBT) issues for Consideration in Accessions

Additional Questions and Replies

Cnt’d Domestic Support And Export Subsidies In the

Agricultural Sector, Additional Questions and Replies

Agriculture Domestic Support Table Subsidy notifications Reserved and Restricted Activities Table Revised State Owned Enterprises List Action Plan for the Implementation of the WTO

agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS)

Legislative Action Plan

As part of the negotiations, Seychelles has submitted its goods offer with the initial in June 1997, followed by the first revised in September 2010, second revised in February 2012 and the latest in May 2013.

GOODS OFFER

In addition Seychelles has submitted its services offer, with the initial in May 1997, first revised in October 2010, second revised May 2012 and the latest in May 2013.

Services schedule offers a total of eleven sectors

SERVICES OFFER

Trade Related Aspect of Intellectual Property Right (TRIPS)

Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time

Areas covered under TRIPS Agreement; -Copyright and related rights

-Trademarks-Geographical indications-Industrial designs-Patents-Undisclosed information

COPYRIGHTSThe rights of authors of literary and artistic

works (such as books and other writings, musical compositions, paintings, sculpture, computer programs and films)

Protected for a minimum period of 50 years after the death of the author.

TRADEMARKSDefined as any signs or any combination of signs,

capable of distinguishing the goods or services of one undertakings. (e.g. letters, number, or combination of colours)

Focus on the types of signs which are eligible for protection and the minimum rights granted to the owner.

GEOGRAPHICAL INDICATIONSGeographical Indication (GIs) are indications which

identify a good as originating in the territory of a member, or a region or locality in that territory, which are given quality, reputation or other characteristic of the good is attributable to its geographical origin

Prevent for misleading the public as to the geographical origin of the good

INDUSTRIAL DESIGNS

Protected for a period of at least 10 years, the owners of protected designs must be able to prevent the manufacture, sale or importation of articles bearing or embodying a design which is a copy of the protected design.

PATENTSPatents allow for protection of both products

and processes, in almost all fields of technology provided that they are new, involve an inventive step and fit for industrial application.

Protection must be available for inventions for at least 20 years

UNDISCLOSED INFORMATIONUndisclosed information which have commercial value

must be protected against breach of confidence and other acts contrary to honest commercial practices

Natural or legal person shall have the possibility of preventing information lawfully within their control from being disclosed to, acquired by or used by others without their consent in a manner contrary to honest commercial practices

TRIPS

Copyright Act and Industrial Property Act enacted in April 2014.

Copyright Act 2014 repealed and replaced the Copyright Act 1984

Industrial Property Act 2014 repealed and replaced the Trademarks Decree 1978 and Patent Act 1901

TRIPS

Upon becoming a member of WTO, Seychelles will consider signing up to paragraph 6 of the Doha Declaration on TRIPS agreement

EXAMPLE Canada (exporter)during 2008-2009

manufactured ‘Apotex generic Apo-TriAvir for Rwanda (importer)

Few countries that have made amendment to their law to use the paragraph 6, these are; Norway, Canada, India, EU as exporter whilst Philippines, Singapore and Hong Kong China as Importer

WAY FORWARD IN ACCESSION PROCESS

‘Final’ Working Party meeting planned for October 2014

There are remaining work to implement outstanding regulations and trade regime in compliance with WTO rules prior to accession. Such work is envisaged to be completed by the end of the year 2014.

CONCLUSION

In summary Seychelles is amongst 22 other member States in the process of acceding to the WTO. With the submission of the required documents and the intention of implementing the outstanding regulations to conform with WTO rules. Seychelles is aiming at becoming a WTO member by the end of the year 2014.

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