What are the causes of counterfeiting and piracy in Somalia?
One of the main reasons for counterfeiting and piracy in Somalia is that such goods cost a fraction of the price of the original goods, and people, who under normal circumstances would usually not have access to the originals, tend to be lured into buying duplicates. Therefore, the demand and supply of counterfeit goods give an impetus to the continuous instances of such infringing acts - as a result of which, substandard goods are delivered to the consuming public at a much greater cost of public health and safety.
Which are the goods that most often face counterfeiting and piracy in Somalia?
Counterfeit and pirated goods include ineffective prescription drugs, dental filling materials, and other medical products.
Does Somalia have a well-established framework for the enforcement of Intellectual Property Rights (IPRs)?
What are the specific law/order/rules laid down in Somalia for the enforcement of Intellectual Property Rights?
They are as follows:
The Constitution of the Federal Republic of Constitution
The Civil Code, 1974
The Trade Marks and Patent Law, 1975
What are the different types of IPRs protected by IPR enforcement in Somalia?
Patents, Trademarks, and Industrial Designs are the different types of IPRs protected by IPR enforcement in Somalia.
What are the general IPR enforcement obligations in Somalia?
Although Article 16(2) of the Somaliland Constitution states that “the law shall determine the rights to authoring, creating and inventing,” no trademark registration laws, systems, or offices have been implemented yet. As such, it is advisable to publish cautionary notices as a means of enforcing the trademark rights.
The recommended procedure for publishing a cautionary notice is as follows:
Publish a cautionary notice in a printed newspaper – the same will be released in the weekly English newspaper, The Horn Tribune.
Publish a cautionary notice, in English, in the online newspaper, The Somaliland Sun – the same will be available on the Somalia Trademark Office website within 02 working days.
Publish a cautionary notice in Somali – the same will appear in The Horn Tribune, which is published every Monday, Wednesday, Thursday, and Saturday. Once published, the online version will also be published online in The Somaliland Sun.
The cautionary notice should be republished every 02 to 03 years.
What are the essential to-dos before an IP rights holder initiates the enforcement proceedings?
Is there any limitation period for filing an infringement action?
Yes, as per the civil code, the period of limitation is 03 years from the date on which the victim came to know about the injury and the identity of the perpetrator.
Which of the following IPR enforcement channels is/are available in Somalia?
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Are civil actions available for the enforcement of IPRs?
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in civil litigation?
Which of the following types of civil remedies is/are available in Somalia?
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Are there any other civil remedies available in Somalia than the ones mentioned above? If yes, then kindly explain in brief.
What is the approximate timeline of civil litigation related to IPR enforcement in Somalia?
Unless otherwise necessary, the court has the power to expedite any issue, which demands urgency.
What happens if an IP rights holder abuses the enforcement measures in civil litigation?
Are there any disadvantages of civil litigation in Somalia? If yes, then kindly give 2-3 points?
Is criminal prosecution available in Somalia for the enforcement of IPRs?
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in criminal prosecution?
Which is the responsible authority in Somalia corresponding to the types of criminal remedies available? Also, mention the imprisonment term and the monetary fine.
A) Responsible Authority - Attorney general or regional courts
B) Imprisonment Term – Up to a maximum of 04 years
C) Monetary Fine - Up to a maximum of 18,000 shillings
Are there any other criminal remedies available in Somalia than the ones mentioned above? If yes, then kindly explain in brief.
What happens if an IP rights holder abuses the enforcement measures in criminal prosecution?
Are there any disadvantages of criminal prosecution in Somalia? If yes, then kindly give 2-3 points?
Are there any alternative dispute resolution mechanisms which allow parties to resolve their dispute out of court?
Alternative dispute resolution is not frequently resorted to in matters of intellectual property. However, where the parties to the suit agree to resolve the dispute by resorting to out of the settlement measures, including ADR techniques, they may do so.
Are border control measures (customs) available in Somalia for the enforcement of IPRs?
Is the IP rights holder required to present reasonable evidence to the customs authority/department to support his claims of infringement against the opposing party/importer of counterfeit goods?
What are the remedies available under border control measures (customs) in Somalia?
Who must bear the costs of customs intervention during enforcement?
What happens if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs?
Which are the best practices for enforcement of IPRs in Somalia?
Are there any risks involved in the enforcement of IPRs in Somalia? If yes, then kindly give 2-3 points.
The absence of a proper legal framework and customs measures is a serious disadvantage for the foreign proprietors of intellectual property rights.