SEYCHELLES
Since August 2014
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Copyright Act 2014, (Act 5 of 2014)
Seychelles has a clear regime of copyright exceptions that follows the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. According to Sections 9-17 of the Copyright Act, the exceptions include: the right to privately reproduce a work for personal use and purposes; the quotation from a work that has lawfully been made available to the public; the reproduction, broadcasting and other communication to the public for informatory purposes; the reproduction in a single copy or the adaptation of a computer programme by the lawful owner of a copy of that computer programme among others.
Coverage Horizontal
SEYCHELLES
Since April 2014
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Industrial Property Act, 2014, (Act 7 of 2014)
Section 10.6 of Industrial Property Act, provides that an applicant who is not domiciled or who has no established business in Seychelles shall appoint an agent who is domicile in Seychelles.
Coverage Horizontal
SEYCHELLES
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Seychelles is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2015.
Coverage Horizontal
SEYCHELLES
Since January 2014
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement Regulations, 2013
Regulation 152 of the Public Procurement Regulations establishes the procurement of goods, works or services may be subject to a preference scheme, consistent with Government's economic and social policies. A preference scheme shall have as its objective the development of businesses among target groups, through giving such businesses a competitive advantage by adding a specified margin to the evaluated price of bidders who are not eligible for the preference during the financial evaluation of bids. Any instrument or document issuing a preference scheme shall state:
- eligibility for the margin of preference, in terms of ownership, location of bidder or production facilities, origin of labour, raw material or components, extent of sub- contracting or association with local partners or any other relevant factor;
- the documentation required as evidence of eligibility for the margin of preference; and
- the percentage of the margin of preference and the manner in which it will be applied during the evaluation.
- eligibility for the margin of preference, in terms of ownership, location of bidder or production facilities, origin of labour, raw material or components, extent of sub- contracting or association with local partners or any other relevant factor;
- the documentation required as evidence of eligibility for the margin of preference; and
- the percentage of the margin of preference and the manner in which it will be applied during the evaluation.
Coverage Horizontal
SEYCHELLES
Since December 2008
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Public Procurement Act (Act No. 33 of 2008)
The Public Procurement Act contains several types of tendering procedures under Part VI. According to Arts. 58(2)(b) and 60(2)(b), procurement that is not available under competitive prices from at least three suppliers in Seychelles should be open to international bidding. Conversely, if more than three domestic suppliers are able to offer competitive prices, open international bidding is not required.
Coverage Horizontal
SEYCHELLES
Since December 2008
Since January 2014
Since January 2014
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Public Procurement Act, (Act No. 33 of 2008)
Public Procurement Regulations, 2013
Public Procurement Regulations, 2013
Subsection 90.2 of the Public Procurement Act establishes that a procuring entity may require bidders to be citizens of Seychelles or local bidders to be eligible to participate in a public procurement where the procurement is subject to a reservation scheme. In this regard, Regulation 153 of the Public Procurement Regulations states that the procurement of goods, works or services may be subject to a reservation scheme, consistent with Government's economic and social policy. A reservation scheme shall have as its objective the development of businesses among target groups, by reserving certain public procurement contracts for such target groups.
Coverage Horizontal
SEYCHELLES
Since December 2008
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Public Procurement Act (Act No. 33 of 2008)
Arts. 61(2)(b) and 62(2)(b)) of the Public Procurement Act state that limited bidding can be used when there is an urgent need for goods, works and services. Limited bidding means that there is a direct selection of a company. The Act does not, however, provide clarity on what is covered as an "urgent need". The Act is also unclear on whether limited bidding is only available for national bidders or international bidders can also be included.
Coverage Horizontal
SEYCHELLES
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement Expansion Agreement (ITA II)
Seychelles is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996, but is not a signatory of its 2015 expansion (ITA II).
Coverage ICT goods
SEYCHELLES
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.1%
Coverage rate of zero-tariffs on ICT goods (%)
98.16%
Coverage: Digital goods
SENEGAL
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Senegal has signed but not ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
SENEGAL
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Senegal has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
SENEGAL
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Senegal has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
SENEGAL
Since January 2008
Since January 2008
Since June 2014
Since January 2008
Since June 2014
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 2008-8 of 25 January 2008 on Electronic Transactions (Loi No. 2008-8 du 25 Janvier 2008 sur les Transactions Électroniques)
Law No. 2008-11 of 25 January 2008 on Cybercrime (Loi No. 2008-8 du 25 Janvier 2008 sur les Transactions Électroniques et loi No. 2008-11 du 25 Janvier 2008 sur la Cybercriminalité)
Decree No. 2014-770 of June 14, 2014 specifying certain obligations of operators regarding consumers' right to information. (Décret No. 2014-770 du 14 juin 2014 précisant certaines obligations des opérateurs quant au droit à l'information des consommateurs)
Law No. 2008-11 of 25 January 2008 on Cybercrime (Loi No. 2008-8 du 25 Janvier 2008 sur les Transactions Électroniques et loi No. 2008-11 du 25 Janvier 2008 sur la Cybercriminalité)
Decree No. 2014-770 of June 14, 2014 specifying certain obligations of operators regarding consumers' right to information. (Décret No. 2014-770 du 14 juin 2014 précisant certaines obligations des opérateurs quant au droit à l'information des consommateurs)
The Law on Electronic Transactions, the Law on Cybercrime and the Decree on Electronic Commerce, and the Decree No. 2014-770 of June 14, 2014 specifying certain obligations of operators regarding consumers' right to information, provide a comprehensive consumer protection framework that applies to online transactions. While the law on Electronic Transactions and the Decree on Electronic Commerce lay down provisions for the protection of the consumer online, the law on Cybercrime specifies the criminal sanctions to be applied in case of violation of these standards.
Coverage Horizontal
SENEGAL
Since October 2008
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Point sn Naming Charter adopted on 1 October 2008 (Charte de nommage du point sn adopté le 1er Octobre 2008)
According to Art. 10 of the ".sn" domain name Charter, applicants domiciled abroad are required to designate an agent established in Senegal or, in default, to provide a letter of accreditation to the service provider for the registration and management of their ".sn" domain name.
Coverage Horizontal
SENEGAL
N/A
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Senegal does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties. However, it is reported that there is an informal threshold of USD 116.
Coverage Horizontal