CLEARANCE OF TRADEMARK AND

COPYRIGHT GOODS FROM SAMOA’S

CUSTOMS PERSPECTIVE
LEGAL FRAMEWORK FOR IPR AND TRADEMARK
IN SAMOA
The main laws regulating intellectual property rights, trademark and
patents laws in Samoa are administered byr the Ministry of Commerce,
Industry and Labour. They are as follows:
• Intellectual Property Rights Act 2011
– This Act provides protection of: trademarks, patents, innovation patents,
plant breeder’s rights, design rights, registered designs, geographical
indications and lay-out designs.

• Copyrights Act 1998

­ This Act specifically applies to works, performances, sound recordings and
broadcasts.
IPR FROM SAMOA CUSTOMS SERVICE
VIEW
Part 18 of the Customs Act 2014 provides for Border Protection of
Copyright and Trademark Goods
• Section 307 to 317 provides the statutory functions to be undertaken
by Customs in relation to goods that may infringe an owners’ rights
in copyright material or design right material.
• These provisions also empower Customs to suspend the clearance of
goods which the Comptroller has reasonable grounds to suspect that
they may amount to infringement of intellectual property rights of an
owner.
 PROCESS UNDER THE CUSTOMS ACT 2014

Ex Officio Action
• Where the Comptroller has reasonable grounds to suspect that imported goods under the
control of Customs contain infringing copyright material, infringing right material, sign
or design, the Comptroller must send a written notice to the agent or rightful IP holder
including the MCIL to inform them of suspected infringement against their products.
• The Comptroller may suspend the customs clearance of such goods, if the Comptroller
does not receive a response from the agent or rightful IP holder.
• A person may give a written Notice to the Comptroller, claiming that he/she is the owner
of the copyright/design/mark. In the Notice, the owner may request the Comptroller to
suspend the clearance procedure of goods suspected to be infringing goods and provide
the following details:
• Evidence that the Applicant is the owner of the copyright, design or mark;
• Sufficient details of the copyright, design or mark; and
• Any other document relevant to the matter.
• The Comptroller, after assessing a Notice received from an owner of the copyright, design or
mark, must either accept or decline the Notice.

 Any Notice given by the Comptroller remains in force for the duration specified in the
Notice unless:

 The Notice is revoked by the Applicant by written Notice; or

 The Comptroller revokes the Notice; or

 The Court orders (in infringement proceedings) that the Notice be revoked.
Security
• The Comptroller may refuse to suspend the Customs procedures until the Applicant deposits a
sum of money or security to the satisfaction of the Comptroller for the reimbursement of any
expenses as a result of the suspended customs clearance.

Notification
• Where the Comptroller suspends Customs clearance of goods, the Applicant must be notified
in writing on the actions/decision undertaken.

• For the purpose of ‘infringement proceedings,’ the Comptroller must allow the Applicant
to examine the goods which clearance is suspended to remove samples of the good for
examination, inspection, testing or analysis.
Detention and release of goods
• When clearance of goods is suspended, they must be taken to a secured place as the
Comptroller directs and detained until:

 the Comptroller revokes the Notice as a result of the review; or

 the Comptroller is served with an order of the Court that the goods be released; or

 any infringement proceedings are abandoned; or

 ten (10) working days have lapsed since notification was given under section 310
of the Act and the Comptroller has not been served with a notice of infringement
proceedings.
Forfeiture of goods by Consent
• An importer of goods suspected of infringing IP rights may, by written notice to the
Comptroller, consent to the detained goods to be forfeited to the State.

• If the importer gives notice before any infringement proceedings have been filed, the goods
are forfeited to the State and are disposed of, as the Comptroller directs.

Destruction of Goods
If during the infringement proceedings the Court decides that the goods infringe the owners
rights to the copyright, design, registered mark or design, the Court may order that the
goods be destroyed or disposed of outside the channels of commerce in a manner
as to avoid harm to the owner of the copyright, design, registered mark or design.
 ENFORECMENTS MEASURES IMPLEMENTED BY
CUSTOMS

• Standard Operation Procedure “Clearance of Trademark and Copyright Goods”, an internal

version for Customs purposes; and external version for the general public’s information.

• Trainings conducted for Customs on this new SOP.

THANK YOU!