Somalia

The Somali Democratic Republic (also known as Somalia) lies on the east coast of Africa. It borders on Ethiopia to the west, Djibouti to the north-west and Kenya to the south. Somalia has a long coast line on the Indian Ocean extending to the Gulf of Aden to the north.

General information

• Capital: Mogadishu
• Population: 7.1 million
• Area: 637 657 km2
• Languages: Somali, Arabic - official languages
• Exports: Livestock; bananas; hides; fish
• Imports: Foodstuffs; manufactures; petroleum products; construction materials
• Currency: Somali Shilling

Trademarks

Law:

Ordinance no. 5 of January 22, 1955 (prior to Italian Law), as amended by Presidential Decree of January 18, 1975.

International Conventions:

WIPO

Requirements for Application:

(a) Power of attorney, simply signed.
(b) Fifteen prints and a printing block of the trade mark - device marks.

Classification:

Follows the old Italian classification of 49 classes. A single application may cover more than one class.

Procedure:

Examination as to formal requirements only.

Opposition:

There is no provision for opposition in Somalia. A prior user may, however, apply for cancellation of the trade mark within five years of registration.

Use:

Trade marks can be cancelled if there has been no use for a continuous three year period.

Duration and Renewal:

A trade mark registration is effective for an initial period of twenty years and, thereafter, renewable for like periods.

Due to ongoing civil unrest, the Trade Marks Office in Mogadishu is not operational at present.

Licensing/Registered Users:

Licensing is recognised. Recordation of the license agreement is required to be legally effective against third parties.

Requirements:

(a) License agreement;
(b) Power of attorney from the proprietor;
(c) Power of attorney from the licensee.

Assignments:

Assignments must be made with goodwill of the business.

Requirements:

(a) Deed of assignment;
(b) Power of attorney from the assignee.

Marking of Goods:

Notice of registration by use of the legend ‘Marca Depositata’ optional.

Marking of goods must be clear and in a language understood by the people. English is acceptable. Fines are imposed for falsifying the origin of goods. After years of civil lunrest, it would appear that the Trade mark Registry became once again, but briefly, operational. Unfortunately, with the election of the new government,most government agencies are being re-organised and thus it is not possible to file at present.

Patents

General:

Patent protection is obtainable by way of a national filing. Somalia is a member of ARIPO, but has not yet ratified the ARIPO protocol on patents and industrial designs, nor passed implementing legislation. Somalia is not a member of PCT.

Patentable Subject Matter:

Inventions detrimental to health, law, public order or morals; medical preparations or processes for their production, are not patentable.

Filing Requirements:

No documents need to be legalized or notarised. A specification in English, Italian or Arabic is needed.

Novelty:

The application must be filed before the invention is disclosed anywhere in such a way as to enable it to be worked.

Examination:

An application is subjected to formal examination only.

Duration/Maintenance:

Patents are granted for a term of fifteen years from the date of filing subject to payment of annual maintenance fees. There is a grace period of six months.

Working:

The invention must be worked within three years of the date of grant and working must not be interrupted for any three years thereafter unless for reasons beyond the patentee´s control.

Marking:

Marking is not compulsory, yet recommended. False marking is punishable as a criminal offence.

Licences/Assignments:

No provision for Licences. Assignments must be recorded to be effective against third parties.