INTELLECTUAL PROPERTY AMENDMENT ACT 2018
SAMOA
Arrangement of Provisions
l. Short title and commencement
2. Section 2 amended
3. Section 55 amended
4. Section 137 amended
2018, No.16
AN ACT to amend the Intellectual Property Act 2011 ("Principal Act") in order
to give effect to the Madrid Protocol accordingly.
BE IT ENACTED by the Legislative Assembly of Samoa in Parliament assembled as follows:
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1. Short title and commencement: This Act may be cited as the Intellectual Property Amendment Act 2018
and commences on the date of assent.
2. Section 2 amended: In section 2 of the Principal Act, insert rn its alphabetical order the
following new definitions:
""Madrid Protocol" means the Protocol relating to the Madrid Agreement
concerning the International Registration of Marks, adopted at Madrid
on 27 June 1989, as amended from time to time;
"Madrid Agreement" means the Madrid Agreement concerning the
International Registration of Marks, adopted in Madrid on June 27 1989,
as amended;
"Office of Origin" means the Office of the Contracting Party where, in
accordance with Article 2(2) of the Madrid Protocol, the International
application was filed;
"basic application" means an application for registration of a mark, filed
with the Registrar under section 48 and which is used as a basis to file
an international application under the Madrid Protocol;
"basic registration" means a mark registered by the Registrar under section
55 and which is used as the basis to file an international application
under the Madrid Protocol;
"international registration" means the registration of a mark effected under
the Madrid Protocol;
"International Bureau" means the International Bureau of the World
Intellectual Property Organization.".
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3. Section 55 amended:
Section 55 of the Principal Act is amended by inserting after subsection (3)
the following new subsection:
"(3A) A mark registered under this section may be used for an application
for international registration under the Madrid Protocol.
(38) An application made pursuant to subsection (3A) whether it is from
Samoa or from a contracting party or any other prescribed body is
to be made pursuant to requirements and procedures under the Act
or as prescribed.".
4. Section 137 amended: After section 137(2)(ka) of the Principal Act insert:
"(kb) for the purpose of giving effect in Samoa to the Madrid Protocol,
including provisions providing for any of the following:
(a) making applications for international registration by way of
the Intellectual Property Registry of Samoa as office of
origin;
(b) procedures to be followed where the basic application for
registration ceases to be in force;
(c) procedures to be followed where the Intellectual Property
Registry of Samoa receives from the International Bureau, or
any body specified in the regulations, a request for extension
of protection to Samoa;
(d) the effects of a successful request for extension of protection
to Samoa;
(e) transforming an application for an international registration,
or an international registration, into a national application
for registration;
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(f) communicating information to the International Bureau;
(g) requiring fees to be paid in respect of applications for
international registrations, extensions of protection, and
renewals, and prescribing the amounts of those fees.".