Checklist of Issues on Enforcement under TRIPS Art. 63.2 - View details of the document


(a) Civil judicial procedures and remedies

    • Supreme Court of Samoa.  Refer to  sections  124,  IP Act 2011.

    • The proprietor of an IP right - owner (natural/legal persons, individual, joint/collective owners), successor, predecessor - licensee, assignee, agent etc.


    • Statutory.  Refer to section 53(6), IP Act  2011.

    • Statutory. Refer to section 125(4), IP Act 2011.


  • injunctions
    • use of misleading GIs,  section 88(2)  , IP Act 2011;

    • prevention of an infringement or an unlawful act,  section  125,  IP Act 2011;

    • copyright infringements, section 25  of Copyright Act  1998

  • damages, including recovery of profits, and expenses, including attorney's fees
    • use of misleading GIs, section 88,  IP  Act 2011;

    • prevention of an infringement or an unlawful act,  section  125,  IP Act  2011;

    • copyright infringements, sections 26  and 28,  Copyright Act  1998
  • destruction or other disposal of infringing goods and materials/implements for their production;
    • Infringement of Copyright Act 1998 or IP Act 2011, section 314 Customs Act 2014.

  •   any  other remedies.
    • Fines, section  135,  IP Act 2011;

    • Imprisonment, section  13 5,  IP Act 2011;



    • Redress obtained through a civil claim.



    • Redress obtained through a civil  claim.

    • Civil Protection for the Registrar or delegate provided under s.127 of IP Act 2011 if he or she acted in good faith or acted under the authority of the Registrar.



    • There is no specific provision. However from a number of infringement cases that have made it to Court, the average duration of proceedings is 3 days and costs awarded are usually less than 10,000 tala. That is about 4,000USD.

(b) Administrative procedures and remedies


Length and cost of administrative proceedings:




      • The process usually takes about 3 months and costs are minimal;

      • The process usually involved the Office of the Registrar receiving a complaint which triggers an investigation and a visit to the location where accused is located upon reception of a warrant. Ministry officers, officers usually conduct investigation which includes the taking of  evidence.
      • Once confirmed then a letter cautioning the infringer is prepared. (Most matters are resolved at this level).
  • If warning is not obeyed then the Registrar will proceed to prosecute the infringer through the Attorney General's Office pursuant to Copyright Act 1998  or IP Act 2011.
  • At the border, the Registrar's Office works in collaboration with the Ministry for Revenue and Customs, the Attorney General's Office and the Ministry of Police to  assess any infringing goods detained by Customs. Upon  confirmation of infringement then forfeited by Comptroller and disposed of pursuant to  section 313  and 314  of the Customs Act 2014.

    • Any wrongful detention is  compensated.  Section 317,  Customs Act 2014.


(a) Judicial measures


  • Copyrighted Materials 
    • Injunctions; and

    • Other remedies;


    •      Impound copies of infringing works;

Impound tools used to  make  infringing works





See  section 25  of Copyright Act 1998




    • All other categories of IP under IP Act 2011.

    • o      Injunction;




See  section  125  of  IP Act 2011



    • Under section 25(a) of the Copyright Act, it is to prohibit the committing or continuation of committing and infringement;

    • Section 25(b) is  issued so to  impound infringing  copies;

    • Section 25(c) is issued to impound equipment used to produce infringing copies;

    • Under section 125 ofIP Act, it is to prevent infringement, imminent infringement or an unlawful  act.





    • Proceedings for the recovery of IP is by way of action pursuant to Supreme Court Rule 11.




    • Injunction may be obtained through an application for Interim Order pursuant to Supreme Court Rule 71 by an order for a writ of injunction through an action pursuant to  Supreme Court Rule  196.




    • Limitation Act 1975 - after 6 years from date which the cause of action accrued





    • There are no legislative provisions which govern the length or cost of proceedings. The length of relevant proceedings is usually determined by the Court and costs by each law  firm.


(b) Administrative measures


    • Copyright Act provides for injunctional relief and any other remedies deemed fit for infringement of folklore and for the enforcement of copyright rights.  See  sections 25  and 30  of the  Copyright Act 1998.




    • The  intellectual Property Act 2011, provides for injunction as a remedy and  any other remedies the Court deems fit for the use of misleading geographical indication pursuant to section 88; and as a preventative measure against infringement,  an imminent infringement or an unlawful act as per   Act



    • Materials that infringe copyright,  trade marks,  registered designs.




See section 308  of Customs Act 2014





    • A person who is the owner of an IP right may  give notice to the Comptroller stating that he or she is the owner of such IP right and to suspend the customs clearance procedure of any such goods that are suspected to infringe the owner's IP  rights.  See  section 307 of the  Customs Act 2014;

    • Comptroller may suspend the clearance of certain goods if he or she has reasonable grounds to suspect that such goods infringe the IP rights of the person who  gave notice.

    • Comptroller may request a security from the person who gave notice, see section 309,  Customs Act 2014;

    • Comptroller must give notification to claimant and importer of the suspended customs clearance,  see  section 310  Customs Act 2014;

    • Comptroller must allow claimant and importer to inspect and examine detained goods,  see  section 311,  Customs Act 2014;

    • Goods detained must be kept in  a secure place until Comptroller:  o         Revokes the notice upon  review;

      • Receives an order of the  Court to  release goods;

      • Abandonment of infringement proceedings;

      • 10 days has lapsed since notification given under s. 310 and no notice of infringement proceedings have been served to  the  Comptroller.

    • Where detained goods are forfeited by consent or after proceedings pursuant to sections 314 and 315 of Customs Act 2014, forfeited goods are to be disposed of outside the  channels of commerce in a manner to  avoid harm to  over of IP  right;

    • If detention of goods are wrongful then importer is compensated, section 317 of Customs Act 2014.




See sections 307 to 317 of the Customs Act 2014.These provisions provide  for the length of time and process regarding the treatment of suspected goods.

That is  upon an application by an  interested party such goods may   


detained for  10  days and a further  10  days upon application and satisfaction  of the Comptroller that it is necessary. Goods however may be released to the importer upon the lapse of the first 10 days if claimant fails to serve the Comptroller with a notice of infringement proceedings.  This can be  extended








    • No. Action of comptroller triggered by a notification by a claimant. See sections 307  and 308  of Customs Act 2014.



    • The  Comptroller has the power to suspend customs clearance   procedure;

    • Demand  a security from the claimant before  suspending customs  clearance;

    • Release detained good after 10 days if not served with a notice of infringement proceedings.

    • Forfeit goods by consent of importer;

    • Destroy infringing goods or dispose them through channels outside of the commercial channels harmful to the claimant;   and

    • Order claimant to compensate an importer for wrongful detention; See  sections 307 to  31 7 of Customs Act 2014.



    • Supreme Court of Samoa. See section 2 of the Copyright Act 1998 and Section 2 of the Intellectual Property Act 2011.



    • All types of infringements - Copyrighted Materials see section 25(2) of Copyright Act 1998;

    • Misleading Geographical Indications see  section  102(a)  ofIP Act;

    • Violation ofrights of Patent owner see section  125(3)  ofIP Act;

    • Violation ofright of innovative patent owner see  section  125(3)  ofIP Act;

    • Making false statements - All intellectual properties to be registered under  IP Act see  section 134;



    • Attorney General or prosecutor acting under the direction of the Attorney General, a constable or a private person. See section 2 of the Crimes Act 2013.



    • Yes, see section 2 of the Crimes Act 2013 and section 2 of the Criminal Procedure Act 1972 where the definition of prosecutor includes a private or local body.



  • imprisonment




    • All  categories see  section  125  IP  Act 2011;




  • monetary fines




    • All  categories see  section  125  IP Act 2011;




  • seizure, forfeiture and destruction of infringing goods and materials and implements for their production




    • All categories may be seized by a the police under sections 30 and 31 of the Police Powers Act 2007  and section 61  of the  Police Service Act   2009;




  • other.



    • There are no specific legislative provisions governing the length and cost of proceedings. But from practice it can take about 6 months. Costs are determined independently by law firms. Government prosecutions born by Government budget.