Protection of trade secrets in Samoa under Intellectual Property Law

Protecting trade secrets is key to unlocking new growth opportunities for Samoan businesses. By protecting valuable intellectual assets, businesses not only protect profits but also build trust with customers, partners and investors. This will contribute to strengthening the competitiveness of Samoan businesses in the international market, boosting exports and creating more jobs. In the digital era, when information becomes the most valuable asset, the protection of trade secrets has become more urgent than ever. To build a thriving digital economy, Samoa needs a comprehensive and effective trade secret protection system. Viet An Law would like to guide customers on how to protect trade secrets in Samoa through the article below.

Definition of Trade Secrets in Samoa under Intellectual Property Law

Although Samoa does not currently have a separate law dedicated to the protection of trade secrets, the Intellectual Property Law of 2011 provides a certain legal basis for the protection of confidential business information.

To be considered a trade secret in Samoa, it must meet the following criteria:

• Commercial value: Information must bring economic benefits, which can help businesses have a competitive advantage.
• Confidentiality: Information is not widely available and is not easily accessible by people who can use it for profit.
• Reasonable safeguards: Information owners must take safeguards seriously to maintain confidentiality, such as restricting access, entering into confidentiality agreements, and adopting necessary security measures.

Infringement of trade secret protection in Samoa under Intellectual Property Law

The 2011 Intellectual Property Law has provided a certain legal foundation to protect valuable business information. However, clearly identifying trade secret infringements in Samoa can be more complicated than countries with more specific laws. Based on the general principles of trade secret protection and the Intellectual Property Law of Samoa, some typical infringements can be listed as follows:

• Disclosure of confidential information: Disclosure of confidential information to others without the permission of the owner, regardless of the form (oral, written, electronic, etc.) can be considered an act of infringement.
• Unauthorized use of confidential information: The use of confidential information to create a competitive advantage, develop a new product or service without the permission of the owner is also an infringement.
• Copying of confidential information: Copying, duplicating or making copies of confidential information without permission is an infringement.
• Providing Confidential Information to Third Parties: Providing confidential information to any third party, including competitors, is also considered infringement.
• Unauthorized collection of confidential information: The collection of confidential information by unauthorized methods, such as break-in, theft, or fraud, is also an infringement.
• Violation of confidentiality agreements: If confidentiality agreements (NDAs) have been entered into with the owner of the information, violating the terms of the agreement is also considered infringement.

To prove an act of infringing on trade secrets, the petitioner must usually prove the following factors:

• The information is a trade secret: The information must meet the criteria of merchantability, confidentiality, and reasonable safeguards.
• The defendant had access to that information: The defendant must have had access to confidential information, such as through work, contracts, or other relationships.
• Defendant used or disclosed such information: The defendant used confidential information to benefit himself or others, or disclosed such information to others.
• The defendant knew or should have known that the information was confidential: The defendant must have known or have reason to know that the information is confidential and may not be used or disclosed.
• The petitioner has suffered damages: The petitioner must prove that he or she has suffered damage due to the defendant’s infringement.

Trade Secret Protection in Samoa under Intellectual Property Law

Legal measures

• Non-disclosure agreements (NDAs): Sign NDAs with employees, partners, suppliers, and anyone who has access to confidential information. The NDA will clearly stipulate the parties’ confidentiality obligations.
• Internal Regulations: Develop internal regulations on information security, including information processing procedures, access grants, and breach handling measures.
• Use of Intellectual Property Law: While there is no specialized law on trade secrets, Intellectual Property Law can be used to protect certain types of confidential information, such as formulas, designs, or manufacturing processes.

Technical measures

• Information security systems: Invest in network security systems, antivirus software, and firewalls to protect data from unauthorized intrusion.
• Data encryption: Encrypt sensitive data to prevent unauthorized access.
• Access management: Restrict access to systems and data to only those who need it.
• Back up your data: Back up your data regularly to prevent data loss due to technical issues or natural disasters.

Management measures

• Raise awareness: Organize training sessions to raise awareness of information security for all employees.
• Physical Control: Protect paper documents and information storage devices by physical measures such as locks, iron cabinets, surveillance cameras.
• Risk assessment: Regularly assess possible risks and develop response plans.
• Security audits: Perform periodic security audits to identify and remediate vulnerabilities.

Organizational measures

• Decentralize access: Divide access to information according to employee hierarchy and function.
• Document Flow Control: Establish a strict control process for the creation, storage, distribution, and destruction of documents.
• Build a culture of security: Create a corporate culture that values information security.