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.
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
use of misleading GIs, section 88, IP Act 2011;
Infringement of Copyright Act 1998 or IP Act 2011, section 314 Customs Act 2014.
Fines, section 135, IP Act 2011;
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.
Length and cost of administrative proceedings:
The process usually takes about 3 months and costs are minimal;
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.
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.
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
be
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
8
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
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.
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