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A STUDY of the LEGAL Fralyiework of PROTECTING COPYRIGHTS in HARGEISA REGION of SDMALILAND

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A STUDY of the LEGAL Fralyiework of PROTECTING COPYRIGHTS in HARGEISA REGION of SDMALILAND A STUDY OF THE LEGAL FRAlYIEWORK OF PROTECTING COPYRIGHTS IN HARGEISA REGION OF SDMALILAND A DISSERTATION SUBMITTED FOR THE REQUIREMENTS FOR THE AWARD OF A MASTER OF LAW OF KAMPAVt INTERNATIONAL UNIVERSITY MASTER OF COMMERCIAL LAW BY: !VIULAHO MOHAMED ALI Reg No: LLM-CL/45563/143/DF SUPERVISOR DR MUGAGGA ROBERT NOVEMBER 2015 DECLARATION A "This thesis is my original work and has not been presented for Degree or any other academic award in University or Institution of Learning". Mulaho Mohamed Ali Name and Signature of Candidate Date---lfljJ.-----#-(If I '}$J ;- DECLARATION B "I confinn that the work reported in this thesis is carried out by the candidate under my supervision." oate----- _\':~J~-- ~-- --- ii APPROVAL SHEET This Dissertation is entitled "A Study of the Legal Framework of Protecting Copyrights in Hargeisa Region of Somaliland" prepared and submitted by Mulaho Mohamed Ali in partial fulfillment for the requirements for award of a Master of Commercial Law has been examined and approved by iii DEDICATION This research is dedicated to my beloved Parents Dr. Mohamed Ali Odey, Mrs Baarliin Mohamed Bahdoon and Mrs Luul Mohamud Hirabe as well as all my siblings particularly Ali Mohamed Ali Odey and Liiban Mohamed Ali Odey those who have always been there for me whenever I needed their help. iv ACKNOWLEDGEMENT I would like thanks to the Almighty Allah for all time protecting and guiding me since early childhood up to now, and allow me to complete this study Special thanks to my supervisor Dr. Mugagga Robert who guided and advised me while carrying out this study. To the Dean of Faculty of Law, all my Lectures and Head of Department of Master of Law, Kampala International University who have imparted in my skills and knowledge. To the Ministry of Information and Cultural Affairs and Tourism, Ministry of Justice, Members of the Parliament, Musicians, Authors, Judge, Lawyers, in Hargeisa Somaliland for their participation in this study through participating in the interview and giving me the permission to carry out this study. To my parents Mr. Mohamed Ali Odey and Mrs Baarliin Mohamed Bahdoon Mrs Luul Mohamoud Hiraabe and all my siblings who have helped me in various capacities to put me in the right path of life and promoting me in academic ladder. Special word of thanks goes my Bra's Mr. Ali Mohamed Ali Odey and Liibaan Mohamed Ali Odey, their financially support in this academic program cannot be ignored as well as my dearest friends Yaasmin Omar H. Mohamud, Abdishakur Ali Muhumed, Mohamed Daud, Ali Mohamed Ali Odey, Naja'l Khadar, and Namatove Tedy, plus those who assisted me data collecting of this research. v To all my friends and colleagues for their generous cooperation and support during the course of this research. Finally, to all individuals who contributed in one way or another toward the success of this work. "Thank you and Allah bless" vi LIST OF ACRONYMS AL~D ABBREVIATION ARIPO African Regional Intellectual Property EAC East African Community ICCPR International Covenant on Civil and political Rights ICESCR International Covenant on Economic, Social and Cultural Rights IFRRO International Federation of Reproductive Rights Organization IP Intellectual Property OAU Organization of African Union PPL Phonographic Performing Ltd PRS Performing Arts Rights Society PCT Patent Cooperation Treaty SDR Somali Democratic Republic TRIPS Agreement on Trade-Related Aspects of Intellectual Property Rights ucc Universal Copyright Convention UDHR Universal Declaration of Human rights vii UK United Kingdom UN United Nation UNESCO United Nation Education Scientific and Cultural Organization us United Nations USSR Union of Soviet Socialist Republics WCT World Copyright Treaty WTO World Trade Organization viii LIST OF CASES 1. Araale Vs Gariye May 1975-2008 Unreported (www .somaliland.org/blog/2008/12/ 18/abwaan-gaariye-iyo-professor -cabdilaahi -diiriye­ caraale-iyo-suaasha-daahfurka-miisaanka-maansada/(last accessed: April 20 15) 2. Attorney General Vs Sanyu Television (High Court Civil Suit No. 614 of 1998, reported in Uganda Commercial Law Reports 1997-2001(2005), 184-190 at 185, Blackhall Publishing, Dublin, Ireland) 3. Ibraahim Hawd Vs Weriyaha Calasow 2012 Unreported http://www.weedhsan.com/index.php/qalinleyda-weedhsan/qalinleyda-heerka­ koowaadlibraabim-hawd/4983-waxa-aad-jeclaato-ha-xadin-wq-ibraabin-vuusuf-axmed­ hawd( last accessed: October 2015) 4. Mohamed Bk Vs Ahmed Biif Sep 2012 Unreported (https://www.youtube.com/watch?v=OqyfkE61KYo (https://wvvw.youtube.com/watch?v=UHbcA92uMfl) (last accessed: July 2015 5. Nimco Dareen Vs Marwo Abdi 2008 Unreported (YouTube>watch>v=x.XBsbYTQqU (last accessed: August 20 15) 6. Prof.George.W.Kakoma Vs The Attorney General 2012 (The High Court Of Uganda at Kampala (Civil Division) Civil Suit No. 197 Of2008) 7. Rahma Rose Vs Nimco Yaasmiin (Digtoorka) 2012 Unreported (YouTube>watch>v=tc74rstVuTU (last accessed: September 2015) 8. Sahra Halgan Vs Ayaan Warsame 2012 Unreported (https:/ /www.you tube. com/watch ?v=fMOT3 upsH vw(last accessed: August 20 15) ix LIST OF STATUTES 1. Somali Civil Code, 1973 2. Somali Civil Procedure Code, 1974 3. Constitution of the Republic of Uganda 1995 (as amended) 4. Copyright and Neighboring Rights Regulations, 2010 5. Somali Penal Code 1963 6. Somali Democratic Republic Copyright Law 1977 7. Constitution of the Republic of Somaliland 2000 8. Copyright and Neighboring Rights Act, 2006 X ABSTRACT This study focused on the legal framework of protecting copyrights in Hargesia region in Somaliland. To achieve general objective of the study, five specified objectives were set and these included: The study focused on the legal framework of protecting copyrights in Hargesia region in Somaliland; to examine the international and national historical development of copyrights in Somaliland; to examine the legal framework in place that protects copyright protection in Hargeisa region in Somaliland; to examine the benefits and challenge of copyright protection in Hargeisa region in Somaliland; to carry out a comparative analysis with reference to the laws governing copyrights in Uganda and; to draw conclusions and recommendations. This study used qualitative research methods from various secondary data collection methods were used such as library research study on books and cases. All ethical considerations were also highly valued in this study. Analyzing was done considering in different laws were backed by qualitative analysis through legal perspectives. The research findings indicated that there is a lack of protection and promoting of copyright ownership in Somaliland, were relevant authorities are not effective. It also discovered there gaps of the Somali Act compared to Ugandan Act. It was found the positive way of lesson learned in Uganda. It was concluded that Somali land government fails to accord legal protection to owners of copyright. It was recommended that Somaliland government should try to review the importance of copyright and make sure the Copyright Act confirms to the international standards like Berne Convention and TRIPS Agreement and other international convention concerned with copyright. xi TABLE OF CONTENTS DECLARATION A ..................................... ............................................................ ........... ...... .i DECLARATION B .... ....................... ........................ .............................................................. ii APPROVAL SHEET ............................................................................................................. iii DEDICATION ....................................... .. ....................... ............ ........................................... .iv ACKNOWLEDGEMENT ....................................................................................................... v LIST OF CASES .. .................................................................................................................. .ix TABLE OF CONTENTS ...................................................................... ................................ xii CHAPTER ONE ..................................................................................................................... l 1.0 Introduction of the Study. ................................................................................................... I 1.1 Background of the Study ............................................................. ....................................... 1 1.2 Problem Statement .. ........................................................................................................... 2 1.3 Objectives of the Study ........ .. ......... ............................................................... .................... 3 1.3.1 The General Objective ..................................... .. .......................................... ... ......... .. 3 1.3.2 Specific Objectives .................................................................................................... 4 1.4 Research Questions ......................................................................................... .............. 4 1.5 Scope ofthe Study.. ............................................................................................... ........ 4 1.5.1 Geographical Scope ................ ................................................................................... 4 1.5.2 Content Scope ................................................................................................................
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