African Regional Intellectual Property Organization (ARIPO)
Algeria
Angola
Benin
Botswana
Burkina Faso
Burundi
Cameroon
Cape Verde
Central African Republic
Chad
Comoros
Djibouti
DRC
Egypt
Equatorial Guinea
Eritrea
eSwatini
Ethiopia
Gabon
Gambia
Ghana
Guinea
Guinea Bissau
Ivory Coast
Kenya
Lesotho
Liberia
Libya
Madagascar
Malawi
Mali
Mauritania
Mauritius
Morocco
Mozambique
Namibia
Niger
Nigeria
Republic of the Congo
Rwanda
Saint Helena
Sao Tome and Principe
Senegal
Seychelles
Sierra Leone
Somalia
Somaliland
South Africa
South Sudan
Sudan
Tanzania
Togo
Tunisia
Uganda
Western Sahara
Zambia
Zanzibar
Zimbabwe
Trade Mark
Patent
Design
Somalia
Forms part of
OAPI
ARIPO
International Arrangements
Somalia is not a party to the Paris Convention for Protection of Industrial Property and it is therefore not possible to claim priority under the Paris Convention.
Somalia is a member of the African Regional Intellectual Property Organisation (ARIPO) but it is not a signatory to the Banjul Protocol and it is therefore not possible to register trade marks in Somalia via the ARIPO system
Classification
Somalia follows a single class filing system in terms of the old 49 class Italian classification. It is possible to register trade marks in both goods and service classes.
Registration Procedure
Trade mark applications are examined for compliance with formal requirements only and there is no provision for publication or opposition proceedings.
Common Law and Well-Known Trade Marks
The Trademarks Registry in Somalia ceased operations following the overthrowing of the government in 1991 and only resumed operations in November 2019. Between 1991 and 2019 it was not possible to register, enforce or maintain trade marks in Somalia. At this stage it is not clear whether common law and/or well-known trade marks are recognised in Somalia.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
Customs Recordal
Customs recordals are possible.
Forms part of
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
Forms part of
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.
Somalia