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

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

There is no comprehensive regime regulating trade secrets in Djibouti. However, there are limited measures addressing some issues related to trade secrets in Law No. 50/AN/09/6th L on the Protection of Industrial Property (Loi No. 50/AN/09/6ème L du 19 Juillet 2009 portant protection de la propriété industrielle). Art. 183 bestows upon natural persons and legal entities the right to prevent information lawfully within their control from being disclosed to, acquired by, or used by others without their consent in a manner contrary to honest commercial practices so long as such information: (a) is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question; (b) has commercial value because it is secret; and (c) has been subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it secret.

It is reported that there is no regulatory obligation for the sharing of passive infrastructure in Djibouti for the provision of telecommunications services to end-users, and such sharing is not practised in either the mobile or fixed sectors.

According to Arts. 4, 5, and 8 of Law No. 13/AN/98/4ème L, there are limits to the proportion of shares that foreign investors can acquire in publicly controlled firms. Djibouti Télécom (DT), which is fully state-owned has a monopoly on the provision of telecom services and remains the country's only telecommunications operator (internet, fixed and mobile telephone services). In July 2021, the Council of Ministers announced its intention to open the capital of Djibouti Télécom, the national monopoly, to a private operator. During a meeting of the Council of Ministers in September 2021, the Government of Djibouti approved a draft law defining the terms and conditions for the legal sale of 40% of the stock of the public fixed-line and mobile telephony operator, Djibouti Télécom, to a "top-flight strategic partner".

The Government holds equity in Djibouti Telecom, the state-owned enterprise that operates as the monopoly provider of telecommunications services. The company is wholly owned by the Fonds Souverain de Djibouti (FSD), the national sovereign wealth fund. In 2021, the Government reportedly announced its intention to attract a strategic investor to acquire up to a 49% stake in Djibouti Telecom. To date, this initiative has not yielded any tangible results.

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

According to Art. 17.2.5 of Law No. 53/AN/09/6ème L, a margin of preference of up to 7.5% may be granted to offers from natural persons of Djiboutian nationality or legal entities under Djiboutian law and whose capital is majority held by the State or by natural persons of Djiboutian nationality. Additionally, a margin of preference of up to 4% may be granted to offers from foreign persons who undertake to subcontract at least 20% of the amount of the services covered by the contract to local providers. Moreover, a margin of preference of up to 15% may be granted to offers proposing supplies manufactured in the Republic of Djibouti.

It is reported that there is a lack of transparency in public procurement, and that there is an absence of regulatory measures to address conflicts of interest within governmental procurement and tendering processes.

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

According to Arts. 4, 5, and 8 of Law No. 13/AN/98/4ème L, there are limits to the proportion of shares that can be acquired by foreign investors in publicly controlled firms. Djibouti Télécom (DT), which is fully state-owned, has a monopoly on the provision of telecom services and remains the country's only telecommunications operator (internet, fixed and mobile telephone services). In July 2021, the Council of Ministers announced its intention to open the capital of Djibouti Télécom, the national monopoly, to a private operator. During a meeting of the Council of Ministers in September 2021, the Government of Djibouti approved a draft law defining the terms and conditions for the legal sale of 40% of the stock of the public fixed-line and mobile telephony operator, Djibouti Télécom, to a "top-flight strategic partner".

According to Art. 14 of the 1992 Freedom of Communication Law, participants in the financial management of any press body must be citizens of Djibouti. Section 2 states that the law applies to all forms and modes of social communication, including audiovisual communication companies. In addition, according to Art. 17, the director and deputy director of any media outlet must be a resident of Djibouti.
The Law does not define what a media outlet is. However, it is reported that a media outlet is a broadcasting channel that provides news, information, and feature stories to the public through newspapers, magazines, social media, the Internet, television, and radio.

Art. L.1211-6 of the Commercial Code provides that any legal entity whose head office is located abroad and which undertakes a commercial activity in the Republic of Djibouti must, within one month from the start of this activity, require the registration of a branch in the Republic of Djibouti. This request is to be filed with the registry responsible for maintaining the Register of Commerce and Companies. The Code defines commercial activity as including e-commerce.

It is reported that, where the applicant is not resident in Djibouti, the appointment of an agent is required for the filing of a patent application.