Patent & Design Protection
There is currently no legislation in terms of Industrial Property in Somalia and therefore it is not possible to obtain registered trade mark, patent or design rights.
Patents & Designs
Somalia is not signed the Paris Convention and it is therefore not possible to claim priority under the Paris Convention.
Somalia is a member of ARIPO but it is not a signatory to the Banjul Protocol so it is therefore not possible to register trade marks in Somalia through ARIPO. Somalia follows a single class filing system in terms of the old 49 class Italian classification.
The Trade Marks Registry in Somalia has been closed since 1991 as a result of the civil war and overthrow of the Government, followed by the consequential disruption to the country’s infrastructure. In the absence of a formal registration system in Somalia, trade mark owners may rely on publication of cautionary notices as a means of giving notice to third parties of the proprietorship of their trade marks, and warn against the unauthorised use of these by third parties. We do not recommend filing in Somalia at present. However, we recommend that clients wishing to protect their trade marks in Somalia should continue to publish Cautionary Notices for their trade marks.
Smit & Van Wyk provides a full range of IP legal services in all African countries where Intellectual Property protection is available. We can provide information on the filing requirements in each of the African countries and can also offer information on the various regional IP organisations such as ARIPO, OAPI and the Madrid protocol. We work with a network of trusted and knowledgeable agents to develop the best possible solution to each of our clients’ IP needs in Africa.