Traditional Knowledge Laws: Samoa

Scope of Protection

Section 7 - Application for a patent

(1) A person may file an application with the Registrar for a patent.

(2) An application must be:
      (g) a statement stating whether or not the invention for which protection is claimed is based on knowledge available within any local or indigenous community whether from Samoa or elsewhere;
      (h) a statement disclosing the source and geographical origin of any biological material used for the invention.

(10) Subject to subsection (11), if the application is based on or derived from biological material or knowledge available within any local or indigenous community the Registrar may direct the applicant to furnish evidence as to the applicant's title or authority to make use of such material or knowledge.

(11) The Registrar is only to direc an applicant for evidence under subsection (10) when the applicant makes a written statement that the invention for which protection is claimed is based on or derived from biological material or knowledge available within any local or indigenous community.

(12) If an applicant fails to provide evidence as directed by the Registrar under subsection (10), the Registrar may, case to deal further with the application.

Section 22 - Application for an innovation patent

(1) A person may file an application with the Registrar for an innovation patent.

(3) An application must contain:
      (g) a statement stating whether or not the invention for which protection is claimed is based on knowledge available within any local or indigenous community whether from Samoa or elsewhere; and
      (h) a statement disclosing the source and geographical origin of any biological material used for the invention

(10) Subject to subsection (11), if the application is based on or derived from biological material or knowledge available within any local or indigenous community the Registrar may direct the applicant to furnish evidence as to the applicant's title or authority to make use of such material or knowledge.

(11) Despite subsection (10), the Registrar is only to direct an applicant for evidence under subsection (10), if the applicant makes a written statement that the invention for which protection is claimed is based on or derived from biological material or knowledge available within any local or idigenous community.

(12) When an applicant fails to provide evidence as directed by the Registrar under subsection (10), the Registrar may cease to deal further with the application.

Section 64 - Application for plan breeder's rights

(1) A person may file an application to the Registrar for a right to breed a plant.

(3) An application must contain:
      (f) a statement stating whether or not the new plan variety for which protection is claimed is based on a knowledge available within any local or indigenous community whether from Samoa or elsewhere.

(8) Subject to subsection (10), if the application is based on or derived from biological material or knowledge available within any local or indigenous community the Registrar may direct the applicant to furnish evidence as to the applicant's title or authority to make use of such material or knowledge.

(9) The Registrar must only direct an applicant for evidence under subsection (8), if the applicant makes a written statement that the invention for which protection is claimed is based on or derived from biological material or knowledge available within any local or idigenous community.

(10) When an applicant fails to provide evidence as directed by the Registrar under subsection (9), the Registrar may cease to deal further with the application.

Section 47 - Registrability

(1) A mark must not be registered:
      (i) if it is based on matai titles, names of persons or Samoan villages, or religious words or symbols.