Protection of IP Rights in Samoa

In the context of Samoa’s economy and future development, IP has been identified as one of the Government’s Human Resource Development priorities and a key contributor to future national growth. Samoa’s new Intellectual Property Act came into effect on 1 October 2012.

Registration and Protection of Patents

There are two types of patent applications in Samoa, those being standard Samoan patent applications (whether or not claiming ‘informal’ Paris Convention priority) and innovation patents (lower level of inventiveness – similar to an Australian innovation patent).

Registration and Protection of Trade Marks

Samoan trade mark applications can be lodged directly with the Ministry of Commerce Industry and Labour. Samoa is not a member of the Madrid Protocol.

Samoa’s National IP Strategy (NIPS)

The National IP Strategy for Samoa (NIPS) established the necessary strategies for promoting, developing and utilizing IP as a tool for economic development.  The NIPS was designed in February 2012 to complement the work on modernizing Samoa’s IP laws and bringing them into line with the requirements of the TRIPS Agreement.

The four strategic goals are:

  1. Modernize Samoa’s IP legislative and administrative arrangements to comply with the standards set out in the TRIPS Agreement in a manner that enhances the social, cultural, economic and commercial development of Samoa and reflects Samoa’s customs and traditions.
  2. Establish appropriate arrangements that are consistent with international norms, for the protection of Samoan traditional knowledge and traditional cultural expressions, to prevent the misuse of such knowledge and expressions. Facilitate through appropriate informed consent and benefit sharing mechanisms, the commercial use of such knowledge and expressions.
  3. Improve through structured government support and information programs the capacity of Samoa’s commercial, education and research sectors to identify valuable IP and to utilize IP protection to support and enhance the development of domestic and export businesses.
  4. Improve the capacity of Samoa’s music, performance and broadcasting sectors to benefit from and comply with IP protection norms. Creation of a Collective Management Organization.

The Valsen Advantage

  1. Speedy and efficient service
  2. Expert advice on structuring options
  3. Dedicated ongoing compliance support
  4. Extensive network pool of service providers