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Enforcement of IPRs in Somalia


Enforcement of IPRs
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.
Counterfeit and pirated goods include ineffective prescription drugs, dental filling materials, and other medical products.
They are as follows:
  • The Constitution of the Federal Republic of Constitution
  • The Civil Code, 1974
  • The Trade Marks and Patent Law, 1975
Patents, Trademarks, and Industrial Designs are the different types of IPRs protected by IPR enforcement 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.
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.
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Unless otherwise necessary, the court has the power to expedite any issue, which demands urgency.
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
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.
Administrative Measures
The absence of a proper legal framework and customs measures is a serious disadvantage for the foreign proprietors of intellectual property rights.