ZIMBABWE
Since September 2004
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Copyright and Neighbouring Rights Act of 2004
Zimbabwe has a clear regime of copyright exceptions that follows the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. Part III of the Copyright and Neighbouring Rights Act lists the exceptions, which include the use with purposes of research or private study, educational use of copyright material, criticism, review, or news reporting, among others.
Coverage Horizontal
ZIMBABWE
Reported in 2018, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Inadequate enforcement of copyright online
It is reported that copyright is not adequately enforced online in Zimbabwe. Pirating of books, videos, music, and computer software is reported to be common in the country.
Coverage Software
ZIMBABWE
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Zimbabwe has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
ZIMBABWE
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.06%
Coverage rate of zero-tariffs on ICT goods (%)
31.49%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
ZIMBABWE
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Zimbabwe is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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ZIMBABWE
Since January 2018, last amended in 2020
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Public Procurement and Disposal of Public Assets (General) Regulations of 2018
According to Art. 10.3 of the Public Procurement and Disposal of Public Property (General) Regulations 2018, foreign bidders must be invited when the value of the procurement requirement exceeds USD 300,000 for goods or USD 200,000 for consultancy and non-consultancy services. Below these thresholds, procuring entities may invite bids exclusively from Zimbabwean suppliers.
Coverage Horizontal
ZIMBABWE
Since October 2022
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
National ICT Policy 2022-2027
Section 3.8 (Content and Applications) of the National ICT Policy 2022–2027 stipulates that the government should ensure that a minimum of 30% of ICT software and applications utilised by government institutions are developed locally, encompassing all national languages. This policy was also articulated in Section 9 (Content) of the National ICT Policy 2016, which has since been superseded by the National ICT Policy 2022–2027.
Coverage ICT software and applications
ZIMBABWE
Since January 2018, last amended in 2020
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement and Disposal of Public Assets (General) Regulations of 2018
The Public Procurement and Disposal of Public Assets (General) Regulations 2018 (Section 8.2) provides for a margin of preference of up to 15% of the procurement goods and 7.5% of service contracts to domestic suppliers or manufacturers. Within these prescribed limits, preference may be given to bidders that are domestic suppliers or manufacturers, and an extra preference, within the prescribed limits, may be given to women or entities controlled predominantly by women or to Zimbabwean universities or polytechnics.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241125160337/https://www.fao.org/faolex/results/details/en/c/LEX-FAOC200456
- https://web.archive.org/web/20210226235101/http://www.praz.org.zw/?wpdmpro=public-procurement-and-disposal-of-public-assets-general-2018
- https://web.archive.org/web/20210227002444/https://www.praz.org.zw/?wpdmpro=public-procurement-disposal-act-22-23
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ZAMBIA
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Zambia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
ZAMBIA
Since 2009
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Zambia has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
ZAMBIA
Since 2009
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Zambia has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
ZAMBIA
Reported in 2022, last reported in 2024
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 50 for commercial shipments (below the 200 USD threshold recommended by the International Chamber of Commerce (ICC) and USD 2,000 for personal shipments.
Coverage Horizontal
ZAMBIA
Since March 2021
Pillar Online sales and transactions |
Indicator Restrictions on domain names
Electronic Communications and Transactions Act No. 4 of 2021
Registration for the ".zm" country code top-level domain (ccTLD) is managed by ZICTA as provided for under the 2021 Electronic Communications and Transactions Act. It is reported that such public ownership may compromise the anonymity of ".zm "website owners, given the potential lack of independence of the regulatory authority. Almost all independent online news sites use the ".com" domain, which may stem from a distrust of ZICTA. The Act also provides a government minister with the authority to create statutory agreements governing domain name registration and “the circumstances and manner in which registrations may be assigned, registered, renewed, refused, or revoked.”. Such direct oversight of local web domains may allow the government to access user data belonging to local content creators and hosts. Moreover, the applicant has to be an entity based in Zambia.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230930065140/https://www.parliament.gov.zm/node/8842
- https://web.archive.org/web/20231129113908/https://web-solutions.eu/domain-registration-africa.htm
- https://web.archive.org/web/20230214164048/https://freedomhouse.org/country/zambia/freedom-net/2021#footnote10_b01iwcd
- https://web.archive.org/web/20231129123812/https://web-solutions.eu/co-zm-domain-name-registration.htm
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ZAMBIA
Since February 2019
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
The Companies (General) Regulations, 2019 - Statutory Instrument No. 14 of 2019
According to Regulation 4.j of the Companies (General) Regulation, a prerequisite for the registration of a foreign company in Zambia is the appointment of at least one documentary agent. This agent can be either a firm or corporate body registered in Zambia or an individual who resides in Zambia.
Coverage Horizontal
ZAMBIA
Since August 2010
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Competition and Consumer Protection Act of 2010
The Competition and Consumer Protection Act of 2010 provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal
