Date of publication:
01/08/2026
Somalia
Do domestic laws and policies protect intellectual property rights for forcibly displaced and stateless persons?
Assessment by population
Analysis
The Federal Government of Somalia and the Somaliland administration are gradually taking steps toward the recognition and protection of intellectual property rights (IPRs), though comprehensive legal frameworks are still under development in both jurisdictions. In Somalia, the Somali Intellectual Property Office (SIPO) resumed operations in November 2019, operating under the authority of the Ministry of Commerce and Industry. Currently, SIPO primarily facilitates trademark registrations in accordance with the 1955 Trade Mark Law, a colonial-era statute that remains the main legal basis for IPR management. While this represents an important institutional milestone, Somalia has yet to adopt modern, comprehensive legislation covering the full spectrum of intellectual property, such as copyrights, patents, and industrial designs. The enforcement of existing IPR provisions remains limited, largely due to capacity constraints within the judicial system and the absence of specialized IP courts or regulatory bodies.
In Somaliland, intellectual property rights are overseen by the Somaliland Intellectual Property Office (SOMIPO), operating under the mandate of the Ministry of Trade, Industry, and Tourism. SOMIPO has taken steps to raise awareness and begin laying the groundwork for a legal regime that recognizes and protects IPRs. However, as of now, Somaliland does not have codified IP laws nor is it a party to major international treaties such as the Paris Convention for the Protection of Industrial Property or the Berne Convention for the Protection of Literary and Artistic Works. As a result, formal legal protections remain limited, and the enforcement of rights is largely administrative or informal.
In both Somalia and Somaliland, in the absence of comprehensive legal and enforcement mechanisms, rights holders often rely on alternative methods—such as publishing cautionary notices in newspapers, radio, or other local media—to assert their ownership and deter unauthorized use of trademarks, logos, or creative works. These notices serve as public declarations of intellectual property claims and are widely accepted as a practical tool to establish visibility and warn potential infringers.
As national institutions continue to develop, there is increasing recognition of the importance of intellectual property in supporting innovation, entrepreneurship, and cultural expression. Ongoing efforts by public authorities, in collaboration with regional and international partners, aim to strengthen institutional capacity and lay the foundation for comprehensive IP governance frameworks in both Somalia and Somaliland.
Related provisions of domestic law or policy
Trade Mark Law
- Year: 1955
- Type: Domestic law
- Rights Category: Housing, land & property
- Link to external source: https://intellectual-property-helpdesk.ec.europa.eu/document/download/321a7f9c-5e4a-49db-83d4-b18e021804e6_en?filename=IP+SOMALIA+FINAL.pdf
Legal provision
Section 2 - Trade Marks
• Foreigners need to appoint a local agent; • Customs recordals are possible; • The country operates a single-class filing system; • A mandatory pre-filing search must be conducted by SIPO • Trade mark applications do not cover alcohol and pork products due to local Islamic background • Priority claims are not recognised in Somalia • Cancellation for non-use period is 3 years; • Appointment of and recordal of licensees at the IP office is advisable; • Opposition period is 5 days after the advertisement of the trademark application.