SOMALIA Trends and Developments Contributed by: Fahad Arteh, Just Legal Services
holders should not expect automatic border enforce - ment. However, improved customs procedures and clearer trade regulations can, over time, create oppor - tunities for more co-ordinated action against coun - terfeit goods – provided there is an appropriate legal basis and reliable supporting evidence. More broadly, Somalia’s gradual shift toward eco - nomic formalisation also supports stronger incentives for protecting rights. As commercial activity becomes more documented and regulated, infringing behaviour becomes harder to conceal, while legitimate business - es have greater incentive to distinguish themselves through lawful branding and ownership of content. Reform discussions and capacity building within an economic development agenda Somalia continues to work toward a more modern and consolidated IP framework. Ongoing public engage - ment surrounding the development of a national IP law reflects a growing recognition that intellectual prop - erty is an important component of broader economic development and institutional strengthening. External assessments of Somalia’s IP environment generally align with this perspective. While a legal foundation is in place and administrative capacity is gradually improving, reform remains an active topic of policy discussion. For rights holders, the implica - tions extend beyond potential future changes; current reform conversations are already shaping priorities related to training, staffing, and procedural develop - ment. Overall progress is expected to remain gradual, which is typical for developing markets. As institutions con - tinue to strengthen, procedures will become clearer, businesses will gain confidence in using them, and the IP system will steadily become more responsive to commercial needs. Practical takeaways for rights holders and investors These developments translate into clear and work - able steps.
• Register early and maintain a clean evidence file to support enforcement, licensing, and settlement. • Monitor publication channels to enable timely review and opposition planning. • Integrate intellectual property into market entry strategies rather than treating it as a standalone exercise. • Use contracts as primary copyright protection tools by clearly defining ownership and permitted uses. • Plan for online enforcement through documenta - tion, platform engagement, and proportionate legal action. • Track procedural and fee updates, as administra - tive changes can affect cost and timing. These steps reflect what is increasingly rewarded in Somalia’s market, namely early planning, reliable documentation, and structured commercial conduct. Conclusion Somalia’s trade mark and copyright landscape is becoming more commercially significant and easier to navigate in practice. Although the statutory framework remains dated, the way it is applied is increasingly coherent, with administrative practice and market behaviour beginning to reinforce each other. For rights holders and investors, this represents a constructive trajectory. Somalia is developing an intellectual property environment that reflects its economic direction; one in which brands and creative assets carry growing commercial value. In the near term, the opportunity lies in engaging intelligently with the system as it stands through registration, careful documentation, sound contracting, and proportion - ate enforcement. Over time, continued institutional strengthening and reform are likely to further support a market in which legitimate enterprise and crea - tive work can be protected and commercialised with greater confidence.
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