SOMALIA Law and Practice Contributed by: Fahad Arteh, Just Legal Services
3. Copyright Ownership, Protection and Rights 3.1 Types of Copyrightable Works Copyright protection in Somalia is governed by Copy - right Law No 66 of 1977. The law protects original lit - erary, artistic, scientific, and cultural works – whether published or unpublished – so long as they represent an original intellectual creation expressed in a per - ceptible form. Protected works include books, articles, speeches, musical compositions, dramatic works, cinemato - graphic productions, photographs, drawings, paint - ings, sculptures, architectural designs, maps, and other artistic or audiovisual creations. Derivative works – such as translations, adaptations, arrangements, and compilations – are also protect - ed, provided they demonstrate originality and do not infringe upon the rights of the authors of the original works. Copyright protection applies to the expression of an idea, not to ideas, procedures, methods, or concepts themselves. Industrial designs are not protected as a distinct cat - egory under Somalia’s copyright law. However, artistic aspects of a design may qualify for copyright pro - tection if they are original and not dictated solely by functional requirements. 3.2 Essential Elements of Copyright Protection To qualify for copyright protection in Somalia, a work must be original and created through the author’s intellectual effort. The work must be expressed in a tangible or otherwise perceptible form, whether or not it has been published. Copyright protection arises automatically upon creation and does not require reg - istration. Originality is assessed qualitatively, focusing on the author’s personal contribution rather than on novelty, artistic value, or commercial significance.
specified in the registration. Trade mark rights con - tinue for the duration of the registration, subject to renewal and ongoing use. However, rights may be lost through non-use, failure to renew, or judicial cancel - lation. 2.4 Use in Commerce Use of a trade mark must be genuine, commercial in nature, and connected to the goods or services for which the mark is registered. Such use may include affixing the mark to products or packaging, or using it in advertising and commercial communications. In infringement proceedings, it is generally necessary to show that the defendant has used the sign as a trade mark – that is, as an indicator of origin – rather than in a merely descriptive or informational way. Factors such as context, presentation, and consumer percep - tion are relevant when determining whether the use The law does not require trade mark owners to use any specific symbols to indicate registration or owner - ship. Although symbols such as the “TM” trade mark symbol may be used, they are optional. Not using these symbols does not affect the validity or enforce - ability of a trade mark. Nevertheless, notice symbols are commonly used in practice and can be relevant when assessing a party’s knowledge or intent in trade mark infringement disputes. 2.6 Related Rights amounts to trade mark use. 2.5 Notices and Symbols A trade mark may also be protected by copyright when it contains original artistic elements – such as logos or graphic designs – provided that it meets the legal requirements for copyright protection. In such cases, trade mark and copyright protection can coex - ist, and each right may be enforced independently. Where a trade mark consists of a surname, registra - tion does not prevent others with the same name from using it in good faith, as long as their use is not misleading or deceptive. Trade mark law does not expressly limit the scope of protection based on copyright or related rights. Instead, any conflicts that arise are addressed on a case‑by‑case basis, guided by principles of unfair competition and consumer pro - tection.
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