Somalia has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Somalia has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.

Somalia has enacted the Copyright Law (Law No. Law No. 66 of 7 September 1977). However, there are no indications that any regulations to implement it have ever been issued.

It is reported that the Patents & Trade Marks Registry in Somalia does not currently have any structure for enforcement of IP, including patents. Somalia is a member of the African Regional Intellectual Property Organization (ARIPO), but only of the Lusaka Agreement, therefore ARIPO patents are not valid in Somalia.

Somalia is not a party to the Patent Cooperation Treaty (PCT).

It is reported that there is no patent or design registration procedure in Somalia, and the only way to obtain protection is through publishing a “cautionary notice” in a local newspaper.

According to the Foreign Investment Law, all foreign investors must apply for a certificate from the Foreign Investment Board in order to invest in the country. According to Art. 8, foreign investors must complete the investment application form at the Ministry of National Planning and send it by registered mail to the Foreign Investment Board. The Foreign Investment Board will notify the applicant of its decision within sixty days of receipt of the completed application and approval will be granted by means of a foreign investment certificate, which will be valid for 18 months from the date of issuance, as set forth in Art. 9. Additionally, any additional investment in an already registered company requires a new application and approval according to the established procedures.

Art. 19 (f) of Law No. 001/2021 stipulates that to register a foreign company branch in Somalia, the names and passports of the director or directors of the foreign company based in Somalia must accompany the company registration application documents. This suggests that, in order to register a foreign company in Somalia, some directors should be based in Somalia.

Somalia is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.

Art. 34 of the Public Procurement, Concessions and Disposal Act establishes a margin of domestic preference. A Procuring Entity may grant a margin of domestic preference in the evaluation of bids under open competitive bidding to: (a) Bids offering goods that are manufactured, mined, extracted, or grown in Federal Republic of Somalia when compared to bids offering goods manufactured, mined, extracted or grown in a foreign country; and (b) Bids by domestic contractors when compared to bids offered by foreign contractors. The margin of domestic preference shall be 15% for goods and 10% for contractors and shall be stated in the bidding documents.When there is the interest of the development of a target group of providers, a community, or a sub-sector of the economy, the Procuring Entity may decide to limit participation by applying a preference scheme in its procurement proceedings.

Art. 134 (1) of the Public Procurement, Concessions and Disposal Act establishes that an entity shall use National Competitive Bidding where it is concluded that: (a) there is the availability of adequate technology in Somalia for the project of the Concession; (b) the expected capital outlay is capable of being raised by local businesses; (c) the concession falls within the area of the economy which is by law restricted to Somalis. Art. 134 (2) clarifies that where National Competitive Bidding is used, domestic bidders are targeted to participate, but does not restrict participation by the foreign bidders. Therefore, this article can be interpreted as a preference for local companies.

Somalia is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).

South Africa has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

South Africa has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.