SOMALIA Law and Practice Contributed by: Fahad Arteh, Just Legal Services
stances. These measures are typically directed at stopping infringing acts or preventing the continuation of unlawful conduct. There is no codified multi‑factor test for granting interim or preliminary injunctions in intellectual prop - erty matters. In practice, courts generally consider whether the claimant has demonstrated a plausible right, whether there is urgency, and whether the relief sought is proportionate. Defendants may challenge injunctive relief by disput - ing infringement or validity, questioning the urgency of the request, or relying on delay or other equitable considerations. 10.2 Monetary Remedies Monetary remedies are available for both trade mark and copyright infringement, and their award lies within the discretion of the court. Civil remedies are primarily compensatory and are intended to address the loss suffered as a result of the infringing conduct. In matters involving fraudulent imitation or counterfeit - ing, the Trade Marks Ordinance also provides for crim - inal sanctions and confiscation measures imposed by the competent authorities, in addition to any civil con - sequences. Similarly, the Copyright Law provides for civil compensation as well as criminal liability for the unauthorised exploitation of protected works. There are no specific statutory rules providing for enhanced damages, statutory damages, or prede - termined monetary awards in intellectual property infringement cases. For trade marks, registration establishes the legal basis and standing to enforce exclusive rights and provides a strong foundation for seeking monetary relief. Damages are then assessed by the court on a compensatory basis, with reference to proven loss, rather than any fixed statutory cat - egories. By contrast, copyright protection does not depend on registration for remedies to be available. 10.3 Attorneys’ Fees and Costs Responsibility for litigation costs, including court fees and legal expenses, is governed by the general civil procedure rules. Courts have discretion to decide whether one party should bear all or part of the costs
associated with the proceedings. Recovery of attor - neys’ fees is not automatic, and the amount awarded may not reflect the full costs actually incurred. Cost awards are discretionary and are assessed based on the specific circumstances of each case. 10.4 Ex Parte Relief There is no statutory regime specific to intellectu - al‑property matters that governs the granting of ex parte relief. Under general civil‑procedure principles, interim measures may be issued without prior notice only in exceptional circumstances. Such relief is granted cautiously, and courts typically require that the defendant be given an opportunity to be heard at a later stage. The availability and scope of ex parte relief therefore depend on the facts of the case and remain subject to the court’s discretion. 10.5 Customs Seizures of Counterfeits or Parallel Imports The Trade Marks Ordinance allows the competent authorities to seize and confiscate counterfeit goods in cases involving fraudulent imitation. These enforce - ment measures operate independently and do not amount to a full customs recordal system for intel - lectual property. Somalia maintains a general customs administration framework under its customs laws and regulations; however, its IP legislation does not establish a detailed border‑control regime specifically for trade marks or copyrights. In practice, action against counterfeit imports typically relies on court orders or co-operation between rights holders and enforcement authorities. Parallel imports are not expressly regulated under Somali law and are generally assessed using broader principles of infringement, deception, or unfair com - petition.
11. Appeal 11.1 Appellate Procedure
Appeals in trade mark and copyright infringement cas - es follow the standard civil appeals process. There is no specialised appellate body dedicated to intellec - tual property matters. Instead, infringement decisions
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