A basic legal framework on intermediary liability for copyright infringement is absent in Eritrea's law and jurisprudence.

A basic legal framework on intermediary liability beyond copyright infringement is absent in Eritrea's law and jurisprudence.

It is reported that Eritrea imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card.

It is reported that the authorities regularly block access to social media platforms and shutter internet cafés.

The indicator "7.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 2 in Eritrea for the year 2024. This corresponds to "The government shut down domestic access to the Internet several times this year."

According to Art. 5.2 of the Investment Proclamation No. 59/1994, foreign investment in domestic retail and wholesale trade, import, and commission agency is limited. The government sets a precondition of having a bilateral agreement of reciprocity with the country of the investor if the Eritrean government waives this precondition. As a result, it is reported that the government strictly controls all imports and exports, severely limiting foreign investment.

Eritrea has not joined any trade or regional agreements with binding commitments to cross-border data flows.

Section 7 of the Investment Proclamation No. 59/1994 addresses the issue of technology transfer agreements. The legislation stipulates that investors, investment projects, and organisations may employ expatriate experts in the absence of national experts, whether technical or managerial. However, they are obliged to train nationals and replace expatriates. Technology transfer agreements must be lodged and registered by the Investment Center and approved by a duly authorised government body. Furthermore, Section 17 stipulates that investors who seek certification in relation to the registration of technology transfer agreements or guarantees for investment and the resolution of disputes are required to complete application forms prepared by the Centre and present all necessary documents requested by the Centre. In issuing certification, the Centre shall ascertain, among other things, the type and amount of investment, the type of business organisation and the signing of a technology transfer agreement. It is reported that in practice, the Investment Proclamation No. 59/1994 has been suspended and that the ruling Peoples Front for Democracy and Justice (PFDJ) determines the sectors and defines the terms under which private investment is accepted. There is no transparent government screening mechanism for approving inbound foreign investment in Eritrea. Additionally, it is asserted that the few foreign enterprises operating in Eritrea do so under non-public agreements negotiated directly between the companies or countries and a small group of officials from the government and the PFDJ.

Eritrea’s statistics on patent filing registration show that all its patent applications were made abroad, both by residents and non-residents. The country is not a signatory of any of the international treaties on IP and has no written mechanism to register patents in the country. There is a general lack of data and information on the country's IP environment and transparency.

There are complaints on the lack of transparency regarding the enforcement of patents, with difficulties of knowing the extent of protection, and with no data on enforcement and judicial actions.

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

Eritrea has a copyright regime under the Civil Code of the State of Eritrea. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 1161-1172 list the exceptions, which include the reproduction of the original works if they are single copies and for private use; analysis and press reviews for educational and scientific purposes; daily news articles on current events, and if they are “official texts of legislative, administrative or judicial nature; among others.

Eritrea is reported to lack transparency in the area of copyright; in particular, there are reported difficulties in knowing the scope of IP protection, and there is a lack of data on enforcement and prosecutions on the ground.

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

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