SOMALIA Law and Practice Contributed by: Fahad Arteh, Just Legal Services
representation is not strictly mandatory, parties are often represented by lawyers due to procedural com - plexity and evidentiary requirements. Foreign trade mark and copyright owners may bring infringement actions before Somali courts. For trade mark infringement claims, a valid Somali trade mark registration is required. In contrast, copyright infringe - ment claims may proceed without registration, pro - vided that the claimant can prove ownership of the work and the subsistence of copyright. 7.6 Declaratory Judgment Proceedings and Other Protections for Potential Defendants Potential defendants typically safeguard their position in infringement proceedings by filing defensive plead - ings or, where appropriate, initiating validity or nullity actions. Although measures such as bonds or protec - tive briefs are not specifically governed by IP‑focused legislation, they may still be available through general civil procedure rules at the court’s discretion. 7.7 Small Claims Claims of lower economic value are heard by the ordi - nary civil courts, which apply general procedural rules and ensure that costs and remedies remain propor - tionate. 7.8 Effect of Trade Mark and Copyright Office Decisions Decisions issued by the Trade Mark Office – whether granting registration or refusing an application – do not bind the civil courts in subsequent infringement pro - ceedings. The courts maintain independent author - ity to determine issues of infringement, validity, and enforcement. However, administrative decisions may still be considered as persuasive background where relevant. By contrast, copyright enforcement is handled exclu - sively through the courts. Because there is no copy - right registration authority whose decisions carry legal effect, administrative outcomes play no role in copy - right infringement litigation. 7.9 Counterfeiting and Bootlegging Trade mark counterfeiting refers to the fraudulent imi - tation or unauthorised use of a registered trade mark
in a manner likely to deceive the public. This conduct is addressed under Article 53 of the Trade Marks Ordi - nance, which provides for criminal liability, as well as the seizure and confiscation of infringing goods, in addition to available civil remedies. Under Article 54, customs and other competent authorities may also intervene – at the request of the trade mark owner – to prevent the importation or dis - tribution of counterfeit goods. Bootlegging, meaning the unauthorised commercial exploitation of copyrighted works, is addressed under the Copyright Law through both civil and criminal sanctions. Parties engaging in large‑scale unauthor - ised reproduction or distribution may be subject to criminal liability, depending on the circumstances and the applicable penal provisions. 8. Litigating Trade Mark and Copyright Claims 8.1 Special Procedural Provisions for Trade Mark or Copyright Proceedings Somalia’s Trade Marks Ordinance does not establish any special procedural rules specifically for trade mark or copyright litigation. Instead, infringement cases are handled under the general civil procedure rules that apply to commercial and civil disputes, supplemented by the substantive provisions of the Trade Marks Ordi - nance and the Copyright Law. Somalia does not have specialised intellectual proper - ty courts or tribunals. Trade mark and copyright cases are heard by the ordinary civil courts, and decisions are made by legally trained judges, as there is no jury system. While the courts do not formally appoint tech - nical assessors, they may consider expert evidence when technical issues arise. Parties have no role in selecting the judge or decision- maker. Judicial assignment follows the standard court allocation process, and judgments are issued by the presiding judge or judicial panel in accordance with applicable procedural rules.
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