Industrial Designs Law in Samoa
In Samoa, industrial design protection is governed by the Intellectual Property Act 2011 (Act No. 9 of 2011), which provides a comprehensive framework for various intellectual property rights, including patents, trademarks, and industrial designs.
📝 Eligibility and Requirements
To qualify for industrial design protection in Samoa, the design must be:
Original: Not commonplace in the design field at the time of creation.
Not dictated solely by function: The design should not be dictated solely by the function which the article has to perform
Not dependent upon the appearance of another article: The design should not be dependent upon the appearance of another article of which the article is intended by the designer to form an integral part.
Design protection applies to:
Designs of creators: Who are nationals of or have their permanent place of residence in Samoa
Designs first created in Samoa: Irrespective of the nationality or residence of their creators.
⏳ Duration and Renewal
Initial Protection: The registration of an industrial design is effective for a period of 5 years from the filing date of the application.
Renewal: The registration may be renewed for two further consecutive periods of 5 years, totaling a maximum protection period of 15 years.
Late Renewal: A grace period of 6 months is allowed for the late payment of the renewal fee, subject to payment of a surcharge.
⚖️ Rights and Enforcement
The owner of a registered industrial design has the exclusive right to:
Reproduce the design: By making articles to that design or by making a design document recording the design for the purpose of enabling such articles to be made
Exploit the design commercially: By making, selling, or importing articles incorporating the design.
Exploitation of a registered design means the making, selling, or importation of articles incorporating the registered design.
Any person intending to exploit a registered design in Samoa must first obtain the consent of the owner of the design.
A registered design is infringed by a person who, without the licence of the registered owner, does, or authorises another to do, anything which by virtue of this section is the exclusive right of the registered owner.
🌐 International Protection
Samoa is a member of the Hague System for the international registration of industrial designs. This system allows designers to seek protection for their designs in multiple countries through a single application. Samoa's accession to the Hague System entered into force on January 2, 2020.
📌 Summary
Governing Legislation: Intellectual Property Act 2011 (Act No. 9 of 2011)
Administering Authority: Ministry of Commerce, Industry, and Labour (MCIL).
Protection Term: Initial 5 years, renewable for two additional 5-year periods, totaling 15 years.
Application Requirements: Completed application form, graphic representations of the design, and payment of prescribed fees.
Enforcement: Exclusive rights to the design, with legal actions available for infringement.
International Treaties: Member of the Hague System for international design protection.
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