Intellectual property

Trade Marks

A trade mark is a sign — typically a word, logo, shape, sound, or combination — that distinguishes your goods or services from those of other traders. Registered trade marks give you the exclusive right to use the mark in Samoa for the goods and services covered.

What's protected: word marks (e.g., a business name), figurative marks (logos), shape marks, slogans, and combinations of these. The mark must be distinctive and not conflict with existing registrations or restricted categories (e.g., matai titles, village names, official emblems).

Statutory basis: The Intellectual Property Act 2011 governs trade mark registration in Samoa. Section 117(1) requires overseas applicants to be represented by a legal practitioner resident and practising in Samoa.

Duration: Initial registration is for 10 years from the filing date, renewable indefinitely in further 10-year terms.

How to apply:

• Search existing registrations to confirm the mark is not already in use.
• Classify the goods or services under the Nice International Classification (9th Edition).
• File your application through IPROS with the application form, authorisation of agent (if applicable), and applicable fees.
• The application is examined, advertised for opposition, and (if unopposed) proceeds to registration.

Apply through IPROS ↗

Forms & downloads

• Trade Mark Application Form 2018 (DOCX)
• Authorisation of Agent (DOCX) — Required for overseas applicants under section 117(1).
• Nice Classification (9th Edition, Schedule 2) (DOCX)
• MCIL Schedule of Fees (DOCX) — Statutory fee schedule for all IP applications.

Patents

A patent protects a new invention — a product, process, or technical solution — that involves an inventive step and is capable of industrial application. Patent protection gives the holder the exclusive right to use, make, sell, or licence the invention in Samoa for a fixed term.

What's protected: inventions that are new (not part of prior art), involve an inventive step (not obvious to a skilled person), and are industrially applicable. Not patentable: scientific discoveries, mathematical methods, mental schemes, surgical or therapeutic methods, plants and animals (except microorganisms), and inventions contrary to public order.

Statutory basis: The Intellectual Property Act 2011 governs patent registration in Samoa. Section 7 sets the requirements for Standard Patents; Section 22 covers Innovation Patents — a shorter-term, faster route for incremental inventions.

Duration: As specified under the Act — typically up to 20 years from the filing date for Standard Patents, with shorter terms for Innovation Patents. Renewal fees apply to maintain protection over the patent's term.

How to apply:

• Prepare the patent specification, including a description of the invention, claims, drawings (where helpful), and an abstract.
• File through IPROS with the applicant and inventor details, agent authorisation, and applicable fees.
• Applications undergo preliminary examination in Samoa; substantive examination may involve external technical experts.

Disclose any traditional knowledge or biological material drawn from local sources as part of the application.

Apply through IPROS ↗

Industrial Designs

An industrial design protects the visual or ornamental appearance of a product — its shape, configuration, pattern, lines, or colour. Registration gives you the exclusive right to the registered design for your products.

What's protected: the aesthetic features of a product — both three-dimensional (shape) and two-dimensional (patterns, surface decoration). The design must be new (not publicly used or published anywhere in the world before filing) and original (not common in the design field at the time of creation).

Statutory basis: The Intellectual Property Act 2011, Section 35, sets the eligibility requirements for industrial design registration.

Duration: Initial registration is for 5 years from the filing date, renewable for two further 5-year terms (total protection up to 15 years).

How to apply:

• Prepare drawings, photographs, or graphic representations of the design.
• Classify the product under the Locarno International Classification (9th Edition).
• File through IPROS with the application form, applicant details, agent authorisation (if applicable), and the official fee.

Apply through IPROS ↗

Forms & downloads

• Application Form for Industrial Designs (PDF)
• Locarno Classification (Section 39) (PDF)
• MCIL Schedule of Fees (DOCX)

Copyright

Copyright is automatic. Unlike trade marks, patents, and designs, copyright protection arises the moment a qualifying work is created and fixed in a tangible form — no registration is required.

What's protected: original literary, dramatic, musical, and artistic works, including books, articles, computer programs, speeches, films, music, photographs, sculpture, paintings, architectural works, illustrations, and folklore expressions. Copyright does not protect ideas, procedures, systems, methods of operation, mere data, or laws.

Statutory basis: The Copyright Act 1998 (as amended by the Copyright Amendment Act 2011, effective 1 October 2012) governs copyright in Samoa. Section 3(1)(a)–(k) lists the categories of protected works.

Duration:

• Literary, artistic, and musical works: life of the author plus 75 years.
• Collective works: 75 years from creation.
• Applied art: 25 years from creation.

Traditional Knowledge (TK) and Traditional Cultural Expressions (TCE) arising from Samoan customary practice are recognised as distinct categories under MCIL's IP framework. TK includes know-how, skills, and practices developed by communities, while TCE covers verbal, musical, and tangible cultural expressions (oratory, traditional music, fine mats, weaving patterns, dance). These may interact with copyright, geographical indications, and customary law — for guidance on protecting or licensing TK/TCE, contact the IP team via the sidebar.

Voluntary recordal: although registration is not required, creators may choose to record their work with MCIL to support enforcement and provide a date-stamped reference. Recordal is optional.

International protection: Samoa is a member of the Berne Convention, so Samoan copyrighted works are protected in other member countries on the same terms as those countries protect their own.

Record a work through IPROS ↗

Forms & downloads

• Copyright Recordal Form (PDF) — Voluntary recordal; copyright is automatic.

Geographical Indications

A geographical indication (GI) identifies a product as originating from a specific place, where a particular quality, reputation, or other characteristic is essentially attributable to that geographic origin.

What's protected: natural products, agricultural products, handicrafts, and industrial products where the link between place and quality is significant — for example, regional kava, taro, or fine mats whose distinctive character derives from where and how they are produced.

Statutory basis: The Intellectual Property Act 2011, Section 84, governs geographical indications in Samoa and prohibits misleading use of GIs in the sale, importation, exportation, or manufacture of products.

Who can apply: producers, producer groups, traders dealing with the product, organisations representing producer interests, or foreign GIs eligible under reciprocity.

How to apply:

• Prepare a description of the GI, the geographical area concerned, and the products covered.
• Demonstrate the quality, reputation, or characteristic attributable to the geographic origin.
• File through IPROS with applicant details and supporting documentation.

Registration does not grant exclusive use rights; it provides legal recognition that simplifies enforcement against misleading GI use.

Apply through IPROS ↗

Plant Breeders' Rights

Plant Breeders' Rights protect new plant varieties developed through breeding. Registration recognises the breeder's effort and gives exclusive rights over the propagating material of the variety.

What's protected: new plant varieties that meet four internationally-recognised criteria (the "NDUS" test):

• New — propagating or harvested material of the variety has not been previously sold or otherwise commercialised within specified timeframes.
• Distinct — clearly distinguishable from any other variety of common knowledge.
• Uniform — sufficiently consistent in its relevant characteristics.
• Stable — characteristics remain unchanged after repeated propagation.

Statutory basis: The Intellectual Property Act 2011 establishes Samoa's framework for plant breeders' rights. Duration of protection is as specified under the Act.

Who can apply: breeders, their assignees, the Government (through the Minister responsible for agriculture, where Government is the breeder), or competent foreign authorities under reciprocity.

How to apply: file through IPROS with the applicant and breeder details, a description of the variety, a representative plant sample, and any required statements on indigenous or local knowledge sources.

Apply through IPROS ↗

Integrated Circuit Rights

Integrated circuit rights (also called layout-design protection or topography rights) protect the three-dimensional layout of electronic components in an integrated circuit. This is the foundational IP for the semiconductor and electronics industries.

What's protected: the layout-design — the specific three-dimensional disposition of the elements (transistors, capacitors, interconnections) that perform the circuit's electronic function. Protection applies to original designs that have either not yet been commercially exploited or have been commercially exploited for less than 2 years globally at the time of filing.

Statutory basis: The Intellectual Property Act 2011, Section 103, defines integrated circuits and layout-designs and sets the registration framework.

Duration: Protection lasts 10 years from the date of commencement of protection (typically the date of first commercial exploitation or filing).

How to apply:

• Prepare a copy or drawing of the layout-design showing its electronic function.
• Provide the date of first commercial exploitation, or confirm that none has occurred.
• File through IPROS with applicant and creator details and any required agent authorisation.

Apply through IPROS ↗