RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/SAM/11 
26 May 2009 
 
 (09-2544) 
Working Party on the 
Accession of Samoa Original:   English 
 
 
 
ACCESSION OF SAMOA  
Implementation of the WTO Agreement on  
Trade-Related Aspects of Intellectual Property Rights (TRIPS)  
 
 
 The following submission, dated 22 May 2009, is  being circulated at the request of the 
Government of Samoa. 
 
_______________ WT/ACC/SAM/11 
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  TRIPS Agreement Samoa 
General Obligations IP Agreements to which the Country Adheres 
Compliance with Articles 1 through 12 and Article 19 
of the Paris Convention for the Protection of Industrial Property in respect of Parts II, III, and IV of 
the TRIPS Agreement.  TRIPS Article 2. Trademarks Act 1972. 
Industrial Designs Act 1972. Patent Act 1972. 
Copyright Act 1998. 
Geographical Indications Bill 2008 (draft). 
Under Paris, Article 1(2), industrial property has as its 
object patents, utility models, industrial designs, 
trademarks, service marks, trade names, indications of source or appellations of origin, and the repression 
of unfair competition. Trademarks Act 1972. 
Industrial Designs Act 1972. 
Patents Act 1972. Fair Trading Act sections 20, 21 for the repression of 
unfair competition. 
GI Bill 2008. 
In Paris, Article 1(3), industrial property applies not only to industry and commerce proper, but to 
agricultural and extractive industries and to all 
manufactured or natural products, e.g., wines, grain, tobacco leaf, fruit, cattle, minerals, mineral waters, 
beer, flowers, and flour. Included in above IP Laws currently in place. 
Under Paris, Article 2, nationals of Members are to 
enjoy in other Members the advantages that their respective laws grant to nationals, and shall have the 
same protection and the same legal remedy against 
any infringement of their rights if they conform to the conditions and formalities imposed upon the 
Member's nationals. Samoa accords equal treatment to foreigners as it 
does to Samoans on the protection of IP to applications received from national of other countries. 
Paris, Article 3, requires that nationals of non-Member countries domiciles or that have "real 
and effective" industrial or commercial 
establishments in a Member  country be treated as 
nationals of a Member country. There is no differential treatment given to any 
particular category of person in the present IP regime 
in Samoa. 
Under Paris, Article 4, a right of priority is to be given an applicant for a patent, for registration of a 
utility model, an industrial design, or of a trademark who has filed the equivalent of a regular national 
filing under the domestic legislation of a Member 
country.  The periods of priority are to be 12 months for patents and utility models, and 6 months for 
industrial designs and trademarks.  The Article 
discusses the technical details of granting priority in depth. Under Current IP regime in Samoa right of priority is 
also granted. 
Trademarks - the period of priority is 2 years from date of overseas registration. 
Patents – 2 years from the date of issue of patents in 
another country. Industrial Designs - Right of priority is also granted 
but there is no time limitati on of the expiry of priority 
date. 
Article 4 bis states that patents obtained for the same 
invention in various members of the Paris Union are 
independent of each other. Not included in the current Patent Legislation. 
Article 4 ter requires that inventors have the right to 
be named as such in the patent. Included in Samoa Patent Legislation - where Letter 
Patent includes the name of inventor.  WT/ACC/SAM/11 
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  TRIPS Agreement Samoa 
Under Article 4 quater  restrictions or limitations on 
the sale of a patented product or a product produced by a patented process cannot be the grounds for 
refusing a patent or invalid ating one already issued.  
Under Article 5(A)(1), importation of a patented 
product manufactured in a Paris Union country 
cannot be the basis of forfeiture of the patent.  Articles 5(A)(2) and (3) authorize countries to use 
compulsory licensing as a means to prevent abuses, 
such as the failure to work, but they may not forfeit a patent unless the grant of a compulsory licence would 
not be sufficient to prevent the abuse.  Proceedings 
for forfeiture or revocation cannot be institute until two years after the grant of the first compulsory 
licence. Not included in Samoa's Patent Act 1972. 
Article 5(A)(4) prohibits application for a compulsory 
licence for failure to work until four years have passed since tile application was filed or three years 
from date of grant and no compulsory licence is to be 
granted if the patentee justifies the failure to work.  Licenses are to be non-exclusive, and may not be 
transferred except with the enterprise or goodwill that 
exploits the licence.  Article  5(B) prohibits forfeiture 
of industrial designs for failure to work or for 
importing articles corresponding to those that are 
protected. Not included in Samoa's current Patent Act. 
Article 5(C) prohibits cancellation of a mark for 
unjustified non-use before a reasonable period of time 
has passed and permits the proprietor to use differing elements that do not dimini sh the distinctive character 
of a mark without invalidating the registration or 
diminishing the protection granted the mark.  Concurrent use of the mark by co-proprietors is 
permitted so long as the public is not mislead. Non-use of a mark is not ground for cancellation.  
Cancellation is only carri ed upon receipt of an 
application by Trade Mark Proprietor.  Concurrent use is allowed subject to conditions and limitations 
Trademarks Act S10(3) imposed by Registrar to 
avoid instances of confusion. 
Under Article 5(D), protection of patents, registered trademarks, and industrial designs cannot be conditioned upon indication or mention of such 
patent, trademark registration, or industrial design 
protection. Not included in Samoa's current Trademarks, Patents 
and Industrial Designs legislation. 
Article 5 bis requires that a grace period of at least 
six months be provided for the payment of 
maintenance fees for industrial property, but a 
surcharge is permissible.  Countries are authorized to restore patents that lapsed for non-payment of fees. There is no maintenance fee for Patents.  Trademark a 
period of 12 months prior to expiry of current 
registration is allowed.  
 Industrial Design maintenance fees paid with 
12 months preceding the expiration of the 
registration, provided that  a period of grace of 
6 months maybe granted for the payment of the 
maintenance fee after such expiration, subject to the payment of a surcharge (section 15 of the current 
Industrial Designs Act 1972). 
Article 5 ter prohibits a Paris Member from making 
use of patented devices aboard a vessel, aircraft, of land vehicle temporarily or accidentally in the 
territory or the Member. Not included in Samoa Legislation. WT/ACC/SAM/11 
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  TRIPS Agreement Samoa 
Article 5 quater  requires that process patent owners 
have all the rights against an imported product produced by the patent process that they would have 
with respect to products manufactured at home. Not included in Samoa Patent Act 1972. 
Article 5 quinquies  requires that Paris members 
protect industrial designs. Industrial Designs Act 1972 - protection is granted to 
members and non-members of the Union. 
Article 6 makes the conditions for filing and 
registration of trademarks  subject to domestic 
legislation but also makes filing and registration independent of those in other countries, including the 
country of origin. Trademarks Act 1972. 
Article 6 bis requires parties, ex officio if legally 
possible or at the request of an interested party, to refuse to register or, for a period of at least five years, 
to cancel the registration of  a trademark confusingly 
similar to a well-known mark.  No time limit is placed on a mark used in bad faith. Trademarks Act 1972 (S8). 
Article 6 ter requires Members to refuse to register or 
to invalidate the registration that includes, without 
authorization, armorial bear ings, flags, state emblems, 
official signs and hallmarks, etc.  An exception is 
provided for owners of rights acquired in good faith 
before the Convention entered into force for that country.   Not included in current Trademark Legislation but is 
considered in the draft Industrial Property 
Legislation. 
Article 6 quater  makes the assignment of a mark valid 
if the portion of the business or goodwill of the 
business together with the exclusive right to 
manufacture and sell the good s bearing the mark are 
also transferred.   Current legislation states that the Trademark may be 
assigned with or without the goodwill of the business 
(Trademarks Act 1972, Section11 ). 
Article 6 quinquies  requires that trademarks duly 
registered in a Member be accepted for filing in other 
Members, with certain reservations, and establishes 
the conditions under which a trademark may be denied registration or may be invalidated.   Section 16 Trademarks Act includes all countries and 
not only members of the union. 
Article 6 sexties  states that Paris members undertake" 
to protect service marks without being required to 
provide for their registration". Not included in Current Sa moa Trademarks Act but is 
considered under the draft legislation. 
Article 6 septies  requires that trademark owners be 
able to oppose or request cancellation of a registration 
of their trademarks applie d for by their agent or 
representative without their authorization "unless the agent or representative justifies his action". Section 8 Trademarks Act 1972. 
Section 14 Trademarks Act 1972. 
Article 7 states that the nature of the goods to which a 
trademark is applied may in no case be an obstacle to 
the registration of the tradem ark.  (Duplicate language 
is in TRIPS Article 15.4). Not explicitly stated in Trademarks Legislation but is 
practised. 
Article 7 bis requires that Members permit registration 
of collective marks belonging to associations the existence of which is not contrary to the law of the 
country of origin, even where the association is not 
established in the country where protection is being sought. Not included in Trademarks Act. 
Article 8 requires that trade names be protected by 
Members without the necessity of registration, 
whether or not the names are part of a trademark. Not included in current Trademarks Legislation but is 
considered.  WT/ACC/SAM/11 
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  TRIPS Agreement Samoa 
Article 9 requires seizure on importation or exclusion 
or goods bearing a trademark or trade name without authorization, unless a country's laws provide for 
neither remedy, in which case domestic actions and 
remedies must be available. Not included in current Trademarks Legislation but 
will be incorporated in  Draft Legislation. 
Article 10 applies the obligation of Article 9 to the 
direct or indirect use of false indications of source of 
goods, or false indication of the producer, manufacturer, or merchant of such goods. Not included in current Trademarks Legislation. 
Article 10 bis requires Members to provide protection 
against unfair competition, including against acts that 
create confusion of various kinds about the goods or activities of a competitor, that consist of false 
allegations about a competitor, or that are apt to 
mislead the public regarding a competitor's goods. Not included in current Trademarks legislation. 
Article 10 ter requires that Members undertake to 
assure to foreign nationals effective legal remedies to 
repress actions referred to in Articles 9, 10 and 10 bis, 
and to allow federations an d associations representing 
foreign businesses, on the basis of reciprocity, to take 
action in court and before administrative authorities 
to repress such acts.   Not included in current Trademark legislation but 
Common Law Remedies are available. 
Article 11 requires that temporary protection. consistent with domestic legislation, be afforded to 
patentable inventions, utility models, industrial 
designs and trademarks in respect of goods exhibited 
at official or officially  recognized international 
exhibitions held in their territory. Not included in Samoa's current Trademarks Act, 
Patents Act and Industrial Designs Act. 
Article 12 requires Members to establish industrial property offices for patents.   Utility models, industrial 
designs and trademarks fo r the communication to the 
public through publication of a periodic journal of the names of patent owners with a brief designation of 
their inventions, and the reproduction of trademarks. At present the Registries of Intellectual Property 
Office of Samoa is one of the divisions of the 
Ministry of Commerce, Industry and Labour. 
Article 19 authorizes Members to enter into separate 
and special industrial property agreements among themselves, so long as those agreements do not 
contravene the provisions of Paris.  
National treatment, with exceptions allowed in the 
Paris, Berne and Rome Conventions.  Article 3. Treatment of both National and Foreign IP 
proprietors is the same. 
Most favoured nation treat ment, with enumerated 
exceptions.  Article 4. Nation and Foreign IP owners are accorded the same 
treatment. 
Copyright and Neighbouring Rights Copyright Act 1988 
Compliance with Articles I through 21 of the Berne 
Convention with the exception of Article 6 bis, 
Article 9.1. Part V, section 33 Copyright Act 1998. 
Article 2 defines "literary and artistic works" as 
"every production in the literary, scientific and artistic 
domain whatever may be the mode or form of its expression," giving examples.  Limitations related to 
speeches are provided in Article 2 bis. Part I, section 3, Copyright Act 1998. WT/ACC/SAM/11 
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  TRIPS Agreement Samoa 
Article 3 requires that protection be provided to the 
works of authors who are nationals of Berne Union members and to works of nationals of non-Union 
countries if those works are published in a Union 
member simultaneously with publication in the non-
Union country.   Part V, Section 1(a), (b) and section 2. 
Article 4 requires that protection be provided 
cinematographic works not falling under Article 3 if the maker has a headquarters or habitual residence in 
a Union member and to wo rks of architecture or 
artistic works incorporated in to a building or structure 
in a Union member. Part V, Section 2. 
 It should be noted that Samoa acceded the Berne 
Convention on 21 July 2006. 
Article 5 requires that authors enjoy the rights required by Berne and any other rights a country 
provides works on a national treatment basis without being subject to any formalities. Part V, Section 2. 
Article 7 requires that the term of protection for 
copyright be 50 years fo llowing the death of the 
author.  Special term s are authorized for 
cinematographic works, anonymous or 
pseudonymous works, photographic works and works 
of applied art.  Article 8 gives authors of protected works the exclusive right to make or authorize the 
making of translations of the work. Part 21, Section 16. 
Part 1, Section 6 (c). 
Article 9 requires that authors be given the exclusive 
right to authorize reproduction of the work in any 
manner or form with only limited exceptions that do 
not conflict with the normal exploitation of the work and do not unreasonably prejudice the legitimate 
interests of the author. Part 1, Section 6(1)(a). 
Articles 10 and 10 bis define certain authorized "free 
uses of works". Part I, Section 9, Section 10. 
Articles 11, 11 bis, and 11 ter require that authors of 
dramatic, dramatico-musical  and musical works and 
any translation thereof and authors of literary and 
artistic works, the exclusive right to authorize the public performance of their works, including by 
broadcast, public recitation and any communication 
to the public. Part 1, Section 6(1)(b), (h), (i), (j). 
Article 12 requires that authors of literary or artistic 
works have the exclusive right to authorize 
adaptations, arrangements and other alterations of 
their works. Part 1, Section 6(1)(c). 
Article 13 authorizes countries to impose reservations 
and conditions on the exclusive right granted authors 
of musical works or written works that are recorded. Part V, Section 33. 
Articles 14 requires that au thors of literary and artistic 
works have the exclusive right to authorize the 
cinematographic adaptation and reproduction of their 
works and the distribution, public performance and communication to the public of the adaptation or 
reproduction, without the limitations authorized under 
Article 13(1). Part V, Section 33.  WT/ACC/SAM/11 
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  TRIPS Agreement Samoa 
Article 14 bis specifies that a cinematographic work is 
to be protected as an orig inal work without prejudice 
to any work that is adapted or reproduced and the 
author of the cinematographic work is to enjoy the 
same rights as the author of any other work. Part V, Section 33. 
Article 14 ter requires "droit de suite" in connection 
with subsequent sales works of art and manuscripts. Not included in Samoa Current Copyright legislation 
but may be considered under Part V, Section 33 given 
Samoa's accession to the Berne Convention. 
Article 15 requires that ownership of a work, for purposes of litigation, be presumed to be that which 
appears on the work in the usual manner. Part I, Section 18. 
Article 16 requires that infringing copies of a work be 
subject to seizure whether domestically produced or imported.   Part III, Section 25(2). 
Article 18 requires that copyright protection be 
applied to all works which, at the moment Berne 
becomes effective, have not fallen into the public domain in the country of origin through the expiry of 
the term of protection. Part V, Section 33. 
Article 19 authorizes Union members to provide 
greater protection than that required by the Convention. Samoa's Copyright Act 1998 is extended to include 
the Protection Expressions of Folklore Part IV, Sections 29 and 30. 
Article 20 authorizes Union members to enter into 
special agreements among themselves to provide 
more extensive rights than those provided by Berne. Part V, Section 33. 
Protect computer programmes, whether in source or 
object code, as literary works under the Berne 
Convention.  Protect compilations of data, whether in machine readable or other form are to be protected as 
intellectual creations if they constitute such.  
Article 10. Part 1, Section 3 and Section 4. 
Provide rental rights at least for computer 
programmes and cinematographic works with certain 
exceptions.  Article 11. Part 1 Section 6(e). 
Provide a term of protectio n of 50 years from the 
death of the author (Berne Article 7.1 and TRIPS Article 9.1) or, for works the term of which is not 
measured by the life of the author, a term of 50 years 
from the end of the calen dar year of authorized 
publication, or, if not published within 50 years from 
making, 50 years from the en d of the calendar year of 
making.  Article 12. Part I Section 16(1), (3), (4), (5). 
Confine limitations and exceptions to exclusive rights 
to certain special cases which do not conflict with a 
normal exploitation of the work and do not 
unreasonably prejudice the right holder's legitimate 
interests.  Article 13.   Part II, Section 24. 
Provide performers with the right for 50 years from 
the date of a performance to prevent unauthorized fixation of their unfixed performances and of 
reproductions of such fixations and to prevent the 
unauthorized broadcast by wireless means and communication to the public of their live 
performances.  Articles 14.1 and 5. Part II, Section 20(2) (3), (5). WT/ACC/SAM/11 
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  TRIPS Agreement Samoa 
Provide phonogram producers with the right for 
50 years from the date of first authorized fixation to prohibit unauthorized reproduction of their 
phonograms, directly or indirectly, and to prohibit 
rental of copies of their phonograms once sold or 
otherwise distributed.  Articles 14.2, 14.4, and 14.5. Part II, Section 21(1)(a), (d) and Section 21(2). 
Providing broadcasting organizations with the 
exclusive rights for 20 years of fixation, reproduction of fixations, and rebroadcasting by wireless means of 
their  broadcasts and the communication to the public 
of broadcasts of their broadcasts or provide to the owners of the copyright in the material broadcast the 
possibility of exercising such rights.  Articles 14.3 
and 5. Part II section 23(1) and (2). 
Trademarks Citation to appropriate law 
Provide trademark or servi ce mark protection for any 
sign, or combination of signs capable of 
distinguishing the goods or services of one 
undertaking from those of other undertakings.  Article 15.1. Trademarks Act 1972. 
Service Marks incorporated in draft IP legislation. 
Not deny registration for a mark based solely on the 
nature of the goods or services to which a trademark 
is to be applied.  Article 15.4. Not included in current Samoa Trademarks 
Legislation. 
Trademarks must be published before or shortly after 
registration to permit opposition or opportunity to 
apply for cancellation.  Article 15.5. S 7 - Trademarks Act 1972. 
Provide trademark owners the exclusive right to 
prevent unauthorized use identical or similar marks 
for similar goods or services of other parties if 
confusion is likely to result.  Article 16.1. S 10(3) - Trademarks Act 1972. 
Presume confusion where an identical mark is used 
without authorization on identical goods or services.  
Article 16.1. S 10(3) - Trademarks Act 1972. 
Provide protection for well know trademarks and 
service marks in accordance with Article 6 bis, of the 
Paris Convention, even where use is on goods or 
services which are not similar to those in respect of 
which a trademark is registered if the latter use would imply a connection with the right holder or would be 
likely to damage the right holder's interests.  
Articles 16.2 and .3. Not included in Samoa's current Trademarks 
Legislation. 
Allow only limited exceptions to the rights conferred by a trademark such as fair use of descriptive terms.  
Article 17. Not included in Samoa current Trademarks 
Legislation. 
Provide a period of protection for registration of at least seven years, renewable indefinitely.  Article 18. S 13(1) and Section 13(2) Trademarks Act - duration 
of registration is 14 years subject to renewal upon 
receipt of application from the proprietor. 
Allow cancellation for non-use only after a period of 
three years of uninterrupted non-use unless valid reasons exist for the non-use, including Government 
interference with use.  Article 19.1. Not included in Samoa's current Trademark 
Legislation. 
No encumbering of the use of a trademark by special 
requirements.  Article 20. Not included in Samoa's current Trademarks Act.  WT/ACC/SAM/11 
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  TRIPS Agreement Samoa 
May establish conditions for licensing but 
compulsory licensing not permitted and owner of registered mark must be able to assign it with or 
without transfer of bu siness.  Article 21. Section 11 Trademarks Act 1972 on Assignment and 
Transmissions. 
Geographical Indications Geographical Indications Bill 2008 
Provide means to prevent deceptive use of geographical indications identifying location where a 
given quality, reputation or other characteristic of a 
good is attributable to its location.  Articles 22.1 and 2.  Refuse to register or invalidate registrations of 
trademarks containing geographical indications 
except in instances in which such marks have been used continuously for at least 10 years or in good 
faith before 15 April 1994.  Article 22.3. Geographical Indications (GI) Bill 2008, Part I 
Sections 3 (a), (b). 
Geographical Indications (G I) Bill 2008, Part 4  
Sections 19, 20, 21. 
Protect against use of geographical indications even when literally true but which falsely represent that the goods originate in another territory.  Article 22.4. GI Bill 2008, Part 2 section 4(2). 
Protect, with certain exceptions, appellations or origin 
for wines and spirits even against use accompanied by 
expressions such as "kind", "type", "style," etc.  Articles 23.1 and 24. GI Bill 2008, Part 2, section 3(c). 
GI Bill 2008, Part 2,  section 6(a), (d). 
Refuse or invalidate, with certain exceptions 
trademark registrations containing geographical 
indications for wines and spirits if they do not originate in the place named.   Articles 23.2 and 24. GI Bill 2008, Part 2, section 3(c). 
Section 6(a) and (d). 
Industrial Designs Industrial Designs Act 1972 
Provide, with certain exceptions, protection for new 
or original, independently created industrial designs.  Article 25.1. Sections 3(2), (3), (4), (5). 
Ensure that requirements for securing protection for 
textile designs are not prohibitive of such protection.  
Article 25.2. Not included in Samoa's current Industrial Designs 
Act 1972. 
Protection should last at least 10 years.  Protection lasts 15 years. 
Patents Patents Act 1972 
Provide patents for any inventions, whether products 
or processes, in all fields of technology if they are 
new, involve an inventive step and are industrially 
applicable.  Exceptions are permitted for plants and animals, except for micro organisms and 
non-biological and microbi ological processes.  
Exemptions are also permitted for reasons of ordre public and morality.  Article 27. Patents Act 1972, invention is defined as "any new 
manner of new manufacture and any new method of 
application of known processes and the improvement 
or control of known processes".  
Product patent are also protected. 
 Section 5: 
- No exceptions are provided but is considered to 
incorporation in draft IP legislation; and 
- No exemptions provided for reasons of public 
order and morale but is considered for 
incorporation in the draft IP legislation. 
Provide patent owners with the right to prevent others 
from making, using, offering for sale, selling or 
importing a patented product or from using a patent process or using, offering for sale, selling or 
importing a product produced directly using such 
process.  Article 28.1. Section 4(2). 
Give patent owners the right to assign the rights in the 
patent, or transfer the rights by succession, or licence 
them.  Article 28.2. Section 12 of the current Patents Act 1972 but will be 
revised in the draft IP legislation. WT/ACC/SAM/11 
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  TRIPS Agreement Samoa 
Require applicants to disclo se the invention so that 
one skilled in the art can carry it out and may require indication of the best mode and information on 
corresponding foreign applications.  Article 29. Section 5(e)(i) and (ii). 
Ensure that any exceptions to exclusive patent rights 
do not unreasonably conflict with normal exploitation 
of the patent and do not unreasonably prejudice the 
legitimate interests of the patent owner, taking third party interests into account.  Article 30. Not included in current Patent legislation but is 
considered for incorporation in the draft IP 
legislation. 
Compulsory licenses can be issued only when enumerated conditions are met, including such things 
as notice, remuneration, limitations on use and transfer of the licence,  etc.  Article 31. Not included in current Patent legislation but is 
considered for incorporation in the draft IP 
legislation. 
Provide an opportunity for judicial review of 
decisions to revoke or forfeit a patent.  Article 32. Not included in current Patent legislation but is 
considered for incorporation in the draft IP 
legislation. 
Provide a patent term of at least 20 years from the filing date.  Article 33. Term of protection is sixteen years but this 
requirement will be amended to twenty years in the 
draft IP legislation. 
Shift the burden of proof in process patent 
infringement actions to the defendant in instances in which tile product produced by the process is new or 
where it is substantially likely that the identical 
product was made using the process and the patent owner has been unable through reasonable efforts to 
determine the process used.  Article 34. Not included in current Patent legislation but is 
considered for incorporation in the draft IP legislation. 
Integrated-Circuit Layout Designs Citation to appropriate law 
Provide protection for original layout designs of integrated circuits that ar e registered or have been 
commercially exploited anywhere in the world.  
Articles 3, 4, 5, and 7 of the Washington Treaty as incorporated into TRIPS by Article 35. Will provide further analysis after reviewing the 
model IP legislation. 
Make unlawful, except in certain circumstances, the 
reproduction, importation, sale or other distribution of 
a protected layout design or an integrated circuit embodying such design or an article containing such a 
microcircuit.  Article 6 of Washington and Article 36 
of TRIPS. Will provide further analysis after reviewing the 
model IP legislation. 
Provide such protection for a term of 10 years from 
the films, of an application for registration or from 
first commercial exploitation.  Article 38. Will provide further analysis after reviewing the 
model IP legislation. 
Undisclosed Information Citation to appropriate law or laws 
Provide protection for undisclosed information that is secret (not generally known or readily ascertainable); 
has commercial value because of its secrecy., and has 
been subject to reasonable steps to keep it secret.  
Article 39.2. Will provide further analysis after reviewing the 
model IP legislation. 
Protect data submitted to obtain marketing approval 
for pharmaceutical or agricultural chemicals utilizing 
a new chemical entity.  Article 39.3. Will provide further analysis after reviewing the 
model IP legislation. 
Enforcement Citation to appropriate law or laws 
- General Provisions  
Provide for effective action against infringement of 
intellectual property rights without creating barriers to 
legitimate trade or opportunities for abuse.  
Article 41.1. Industrial Designs Act 1972, section 27. 
Copyright Act 1998; Part III section 25.  WT/ACC/SAM/11 
 Page 11 
 
 
  TRIPS Agreement Samoa 
Provide enforcement procedures that are fair and 
equitable and are not unnecessarily complicated or costly and do not entail unreasonable time-limits or 
unwarranted delays.  Article 41.2. Copyright Act 1998; Part III. 
Provide decisions on the merits based upon the 
evidence presented in the case to the parties, 
preferably in writing with the reasons explained.  
Article 41.3. Not explicitly stated in the current Legislation but it is 
the prevailing practise in Samoa with regards to 
administrative decisions as well as decisions of the 
court. 
Provide for appeals to ju dicial bodies of final 
administrative decisions and of at least the legal 
aspects of initial judicial decisions on the merits of a 
case.  Article 41.4. Industrial Designs Act 1972, section 13. 
Trademarks Act 1972 , section 19(1)(2). 
Geographical Indications Bill 2008, section 13. 
- Civil and Administra tive Procedures and 
Remedies  
Provide a procedure that allo ws plaintiffs to bring an 
action for infringement; requires that defendants be 
notified; permits both side to present evidence in support of their position; and protects confidential 
information.  Article 42. Common law jurisdiction. 
Authorize judges to order production of evidence 
necessary to substantiate a party's claims where that 
party has been unable to obtain such evidence from 
the opposing party.  Article 43.1.  Not included in current Trademarks, Industrial 
Designs, Patents , Industrial Designs and Copyright Act but is the prevailing practise of the court. 
Authorize judges to enjoin a defendant, except the Government, from infringing intellectual property rights.  Article 44.1. Copyright Act 1998, Part III. 
Authorize judges to order the payment of monetary 
damages adequate to compensate for the injury done by the infringement.  Article 45.1. Copyright Act 1998, Part III, section 26(1). 
Trademarks Act 1972, section 17(1). 
Authorize judges to order infringer to pay right 
holders enforcement costs and recovery of profits 
and/or statutory damages.  Article 45.2.  Copyright Act 1998, Part III, section 26(1), (2). 
Authorize additional remedies including seizure of 
infringing goods, and the materials and implements 
the predominant use of which is infringement.  
Article 46. Copyright Act 1998, Part III, section 26(3), (4). 
Authorize indemnification of defendant, including 
attorneys' fees in the even t of abuse by plaintiffs.  
Article 48.1. Copyright Act 1998, Part III, section 26(1). 
Exempt public authorities and officials from liability 
in connection with the administration of intellectual property laws only where the actions are taken or 
intended in good faith within the scope of tile relevant 
authority.  Article 48.2. Not included in current Samoa legislation; but is 
considered for incorporation in the draft IP legislation. 
Ensure that administrative remedies conform to the 
principles in the preceding Articles.  Article 49. Not included in current Samoa Copyright Act, 
Industrial Designs Act, Patents Act and Trademarks 
Act but is considered for incorporation in the draft IP 
legislation. 
- Provisional Measures  
Authorize judges to grant temporary restraining 
orders and provisional relief to prevent infringement 
and to preserve evidence.  Article 50.1. Not included in current Samoa Copyright Act, 
Industrial Designs Act, Patents Act and Trademarks 
Act but is considered for incorporation in the draft IP legislation. WT/ACC/SAM/11 
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  TRIPS Agreement Samoa 
Authorize judges to require the complaining party to 
indemnify the defending party against harm if the decision on the merits finds the provisional relief 
unjustified.  Article 50.3. Not included in current Samoa Copyright Act, 
Industrial Designs Act, Patents Act and Trademarks Act but is considered for incorporation in the draft IP 
legislation. 
Provide for notice, for form al action by the plaintiff 
after temporary restraining orders, etc.  Article 50.4. Not included in current Samoa Copyright Act, 
Industrial Designs Act, Patents Act and Trademarks 
Act but is considered for incorporation in the draft IP 
legislation. 
- Border Measures  
Provide for suspension of release by customs authorities of goods suspected of bearing a counterfeit 
trademark or of being a piratical copyrighted work, 
either at the request of a right holder.  Members are 
authorized to extend such protection to holders of 
other forms of intellectual property.  Article 51. Copyright Act 1998, Part III, section 25(3) for the 
suspension of release of pirated works. 
 
Not included in the current  Trademarks legislation 
but is considered for incorporation in the draft IP 
legislation. 
Require right holders initiating border measures to 
provide evidence of a prim a facie infringement and a 
description of tile goods sufficient for customs 
authorities to recognize them.  The right holder must 
be notified within a reasonable time is action will be taken on his behalf.  Article 52. Not included in the current Samoa's Copyright Act 
and Trademarks legislation. 
Authorize authorities to require the right holder 
requesting border measures to post a bond sufficient 
to protect the defendant and to prevent abuse.  Article 53. Not included in the current Samoa's Copyright Act 
and Trademarks legislation. 
Requires prompt notification of the right holder and the importer when action under Article 51 is taken.  
Article 54 Not included in the current Samoa's Copyright Act 
and Trademarks legislation but is considered for 
incorporation in the draft IP legislation. 
Requires that customs authorities be notified within a 
maximum of 20 days of th e receipt of notice that 
proceedings on the merits have begun or the suspension is to be revoked.  Article 55. Not included in the current Samoa's Copyright Act 
and Trademarks legislation but is considered for 
incorporation in the draft IP legislation. 
Authorities must be authorized to require the right 
holder to compensate the importer or owner of the 
goods subject to border measures if goods were 
wrongfully detained or if proceedings leading to a 
decision on the merits are not begun within tile 
allotted time.  Article 56. Not included in the current Samoa's Copyright Act 
and Trademarks legislation but is considered for 
incorporation in the draft IP legislation. 
Right holders must be allowed to inspect the detained goods in order to substantiate the right holder's 
claims.  Importers must be given similar authority.  
Members may give the right holder the names and addresses of those involved in the importation when 
infringement is found to exist.  Article 57. Not included in the current Samoa's Copyright Act 
and Trademarks legislation but is considered for 
incorporation in the draft IP legislation. 
Establishes the conditions that must be in place if 
customs authorities are authorized to act ex officio, 
including the ability to ask the right holder for 
information at any time; the requirement to notify the importer promptly of the suspension; and the 
requirement that public offi cials be liable if they act 
in bad faith.  Article 58. Not included in the current Samoa's Copyright Act 
and Trademarks legislation but is considered for 
incorporation in the draft IP legislation. 
Competent authorities must be able to order 
destruction or disposal other than by re-export of 
infringing goods where appropriate.  Article 59. Not included in the current Samoa's Copyright Act 
and Trademarks legislation but is considered for 
incorporation in the draft IP legislation.  WT/ACC/SAM/11 
 Page 13 
 
 
  TRIPS Agreement Samoa 
Members are authorized to except from border 
measures small quantities of infringing goods of a non-commercial nature carried in personal luggage or 
shipped in small consignments.  Article 60. Not included in the current Samoa's Copyright Act 
and Trademarks legislation but is considered for incorporation in the draft IP legislation. 
- Criminal Procedures  
Provide criminal procedures  and penalties, sufficient 
to act as a deterrent, for wilful trademark 
counterfeiting or copyright piracy on a commercial 
scale.  Authorizes extension of criminal actions to other forms of intellectual property where 
infringements are wilful and on a commercial scale.  
Article 61. Copyright Act 1998, Part III, section 27 for copyright. 
 
Not included in the Trademarks Act but is considered 
for incorporation in the amended IP legislation. 
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