SOMALIA Law and Practice Contributed by: Fahad Arteh, Just Legal Services
1. Trade Mark and Copyright Law 1.1 Governing Law Trade mark protection in Somalia is governed by the Trade Marks Ordinance No 3 of 22 January 1955, as extended by Law No 33 of 1975. Somalia operates a registration based system, meaning exclusive rights arise only once a trade mark has been formally regis - tered and can then be enforced against third parties using identical or confusingly similar signs. The Ordinance covers all core aspects of trade mark protection, including registrability, duration, renewal, non-use, assignment, licensing, and both civil and criminal enforcement. The Somali Intellectual Prop - erty Office (SIPO), part of the Ministry of Commerce and Industry, administers the system. SIPO applies the Ordinance through implementing regulations, fee schedules, circulars, and established administrative practice, which together govern procedural matters such as filing, examination, publication, opposition, renewal, and recordal of changes. These administra - tive instruments support the functioning of the system but do not create rights independently; rights arise solely under the Ordinance. Copyright protection is governed by Copyright Law No 66 of 7 September 1977, which recognises both economic and moral rights in literary, artistic, and related works. The statute applies to both Somali and foreign works, provided the legal conditions are met. However, the institutional mechanisms envisioned by the 1977 Law are not yet fully operational; Somalia currently lacks a functioning copyright registration system, and administrative enforcement remains lim - ited. As a result, copyright protection is largely asserted through contractual arrangements, evidentiary proof of authorship and ownership, and court proceed - ings. This reliance reflects the developmental stage of Somalia’s copyright administration rather than an absence of statutory protection. Overall, Somalia does not operate a common law based intellectual property system. Both trade mark and copyright rights are statutory in nature and are applied through a combination of administrative
action and judicial enforcement within an evolving institutional framework. 1.2 Conventions and Treaties/Rights of Foreign IP Holders Somalia is a member of the World Intellectual Prop - erty Organization and participates in regional intel - lectual property co-operation through the Lusaka Agreement, which established the African Regional Intellectual Property Organization (ARIPO). Howev - er, Somalia is not currently part of multilateral trade mark filing systems such as the Madrid System. As a result, trade mark protection is obtained exclusively through national registration procedures administered by SIPO. Foreign trade mark owners are expressly recognised under the Trade Marks Ordinance. They may register trade marks in Somalia provided they meet the filing requirements and, where necessary, are represented by a locally domiciled agent. Once registered, foreign trade mark owners benefit from the same substantive rights and remedies as domestic proprietors, includ - ing exclusive use and access to both civil and criminal enforcement mechanisms. In practice, foreign rights holders typically secure trade mark protection through national filings. While earlier foreign registrations and historic rights may be submitted as evidence in opposition, invalidity, or infringement proceedings, they do not operate as automatically enforceable titles in Somalia. Foreign copyright holders are protected under the 1977 Copyright Law on a statutory basis. Because Somalia is not a party to the Berne Convention, inter - national treaty based automatic protection does not apply. Consequently, foreign copyright owners rely on contracts, proof of authorship and ownership, and judicial proceedings to enforce their rights, reflect - ing the current state of copyright administration and enforcement in Somalia.
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