Somalia

Trade Mark

Forms part of

No
ARIPO

Somalia

No
OAPI
No
MADRID
No
SERVICE CLASSES
No
NICE CLASSIFICATION
No
WELL-KNOWN TRADE MARKS RECOGNISED?
There are no formal IP laws in place in Somalia, however, it is possible to file cautionary notices in local newspapers in the Somali language.

Somaliland declared independence from Somalia in 1991 and although it has not recognised as an independent state, there is a functional government in place. It is also possible to file cautionary notices in Somaliland.

OAPI

ARIPO

Patent

Forms part of

Yes
ARIPO
No
OAPI
No
PARIS CONVENTION
No
PCT
Somaliland does not have any laws specifically dealing with the protection and enforcement of Intellectual Property Rights (IPR’s). However, Article 16 (2) of the Somaliland Constitution provides that “the law shall determine the rights to authoring, creating and inventing” and thus imposes on the Government of Somaliland an obligation to implement laws dealing with the protection and enforcement of IPR’s

OAPI

ARIPO

International Arrangements

Somalia is a member of ARIPO, although a designation from an ARIPO filing will have no effect, since Somalia is, at present, a non-functioning country. The 1991 coup of the government has led to a total collapse of all functions, including jurisprudential ones. As such, no statutes on industrial or intellectual property exists.

Lusaka Agreement;
African Regional Intellectual Property Organisation (“ARIPO”);

Paris Convention for the Protection of Industrial Property (“Paris Convention”); and
Patent Cooperation Treaty (“PCT”)

Types of Patents

N/A

Novelty Requirements

Absolute novelty applies.

Grace Period/Prior knowledge

6 months novelty grace period is applicable if the inventor or his successor discloses the invention by exhibiting it at an officially recognised international exhibition.

Examination procedure

Examination of patents are substantive and based on search and examination reports.

Duration & Maintenance

A patent has a duration of 20 years from the filing date, subject to renewal fees being paid. Where a renewal annuity is missed and not paid within six months of the date of the renewal, the patent will lapse. Restoration of the patent is at the discretion of the Director-General of ARIPO and may be requested.

Working Requirement

N/A

Design

Forms part of

Yes
ARIPO
No
OAPI
No
PARIS CONVENTION
Somaliland does not have any laws specifically dealing with the protection and enforcement of Intellectual Property Rights (IPR’s). However, Article 16 (2) of the Somaliland Constitution provides that “the law shall determine the rights to authoring, creating and inventing” and thus imposes on the Government of Somaliland an obligation to implement laws dealing with the protection and enforcement of IPR’s

OAPI

ARIPO

Somalia is a member of ARIPO, although a designation from an ARIPO filing will have no effect, since Somalia is, at present, a non-functioning country. 

The 1991 coup of the government has led to a total collapse of all functions, including jurisprudential ones. As such, no statutes on industrial or intellectual property exists.