SOMALIA Law and Practice Contributed by: Fahad Arteh, Just Legal Services
Geographical Name Use Registration of a mark containing a geographical name does not prevent others from using that name in good faith to indicate true origin (Article 21). Consent or Licence Use of a mark with the consent of the proprietor, including under a licence, is a defence to infringement (Articles 23 and 25). General Civil Law Limitations Courts may apply principles such as good faith and abuse of rights to limit enforcement, although doc - trines such as fair use, parody, laches, estoppel, or acquiescence are not expressly codified. Some defences, such as prior use or consent, may operate as a complete bar to liability, while others may limit remedies or enforcement. 9.2 Defences to Copyright Infringement (Fair Use/Fair Dealing) The Copyright Law No 66 of 7 September 1977 does not recognise a general doctrine of “fair use” or “fair dealing”. Instead, it provides a closed list of specific statutory exceptions and permitted uses, set out pri - marily in Articles 33 to 35. These provisions allow the use of copyrighted works without the author’s con - sent only in narrowly defined circumstances, such as certain private uses, educational and scientific activi - ties, judicial and governmental purposes, and limited informational uses. Any permitted use must fall strictly within these statu - tory exceptions and comply with the conditions pre - scribed by law. These conditions include requirements of proportionality, attribution where applicable, and ensuring that the use does not interfere with the nor - mal exploitation of the work or unreasonably prejudice the legitimate interests of the author (Articles 33–35). The Copyright Law does not explicitly recognise par - ody or satire as independent exceptions. There is no statutory definition of parody or satire, and they do not function as standalone defences. Any reliance on parody or satire must therefore fit within one of the existing statutory exceptions, which are interpreted narrowly.
Likewise, the law does not provide a specific defence based on freedom of expression or the right to infor - mation. Although courts may consider the context and purpose of the use when assessing infringement or remedies, such considerations do not amount to independent or codified defences under the statute. 9.3 Exhaustion The Trade Marks Ordinance No 3 of 22 January 1955 does not expressly set out a modern exhaustion or “first sale” doctrine. Instead, it addresses the issue indirectly by focusing on whether the use of a mark is misleading or deceptive. In practice, when goods are genuine and have been placed on the market by, or with the consent of, the trade mark owner, their resale is generally less likely to constitute infringement, so long as the use of the mark is not misleading. How - ever, an owner may still have grounds for enforcement if deception can be established. Because the Ordi - nance does not define the territorial scope or condi - tions of exhaustion, these matters are determined on a case‑by‑case basis. Similarly, the Copyright Law No 66 of 7 September 1977 does not establish a general exhaustion or “first sale” doctrine. The statute instead focuses on specific permitted uses and limitations, particularly in Articles 33 to 35, rather than adopting a broad rule that pre - vents copyright owners from controlling downstream resale of copies. The law also does not address exhaustion in relation to digital content, and there is no settled statutory or judicial guidance on how exhaustion principles should apply to digital works. Trade mark and copyright owners may seek injunctive relief from the competent courts to restrain actual or threatened infringement. Such injunctions are issued under the courts’ general civil jurisdiction, together with the relevant provisions of the Trade Marks Ordi - nance and the Copyright Law. The courts have broad discretion when granting injunctive relief. Under the Civil Procedure Law, tem - porary injunctions may be issued in certain circum - 10. Remedies 10.1 Injunctive Remedies
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