SOMALIA Trends and Developments Contributed by: Fahad Arteh, Just Legal Services
tracts, define ownership of creative outputs, and require assurances that rights have been properly cleared. These practices help reduce disputes and support creators by clarifying ownership and permit - ted usage from the outset. At the same time, Somalia’s creative economy is becoming more structured. Agencies, producers, and content creators are paying greater attention to attribution and rights management. As these norms become more established, copyright enforcement shifts away from litigation and toward predictable commercial practices – such as proper licensing, documented authorship, and the avoidance of repu - tational risks associated with misuse. Online use of trade marks and copyright governed through practice Somalia does not yet have a comprehensive statu - tory framework governing intermediary liability or for - mal notice‑and‑takedown procedures comparable to those found in some other jurisdictions. As a result, online disputes are generally addressed through broader legal principles applied to digital contexts, including unauthorised use of content, consumer con - fusion, and harm to reputation or commercial inter - ests. In practice, online enforcement relies on a range of practical tools rather than formal regulatory mecha - nisms. Platform‑specific policies play a significant role, as do contractual arrangements and commercial leverage – particularly in situations where the infring - ing party is a distributor, reseller, or competitor. Doc - umentary evidence remains essential: rights holders who can provide registration certificates, dated mate - rials, and clear proof of ownership are typically better positioned to secure voluntary removals or negotiated resolutions. Businesses are also becoming more proactive in man - aging online rights. Digital governance is increasingly viewed as a routine compliance function rather than a reactive, crisis‑driven activity. Internal policies on content use, proper licensing of music and visuals for advertising, and monitoring how distributors represent a brand online all contribute to reducing legal risk and
embedding rights‑clearance processes into everyday commercial practice. Artificial intelligence as an emerging issue within existing legal principles Artificial intelligence is advancing rapidly in com - mercial environments, and Somalia is no exception. Because these technologies are developing faster than most legal systems can adapt, Somalia currently has no publicly reported decisions addressing genera - tive AI, the use of training data, or AI‑assisted infringe - ment in trade mark or copyright matters. However, the lack of AI‑specific case law does not mean the legal framework is silent. In the short term, AI‑related disputes are likely to be assessed using existing legal doctrines. In copyright, traditional questions – such as authorship, ownership, and unauthorised reproduction – will remain central. In trade mark law, the more immediate challenges are practical, including the accelerated copying of brand elements, the rapid spread of confusingly similar con - tent, and the potential dilution of reputation through imitation or misinformation. From a policy standpoint, Somalia’s intellectual property system is already undergoing institutional strengthening and discussions on reform. This cre - ates an opportunity for pragmatic, incremental evolu - tion: courts can continue applying established legal principles to new, AI‑driven fact patterns, while policy - makers modernise the framework to reflect emerging technological realities. Institutional modernisation indirectly supporting IP protection Intellectual property protection does not operate in isolation; it is shaped by broader regulatory and governance conditions, including the effectiveness of business regulation, customs administration, and dispute‑resolution systems. In this context, Somalia has begun taking steps to strengthen public admin - istration and economic governance – for example, through the Ministry of Finance’s General Customs Regulations 2024 and related strategic initiatives. These measures do not yet constitute a comprehen - sive customs recordal system for IP rights, and rights
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