UGANDA
Since February 1995
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Uganda is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
UGANDA
Since June 2014
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Industrial Property Act of 2014
According to Section 21.3 (2) of the Industrial Property Act of 2014, an applicant whose ordinary residence or principal place of business is outside Uganda is obliged to be represented by an advocate of the High Court of Uganda to file a patent application in the country.
Coverage Horizontal
UGANDA
Since September 2019
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Investment Code Act of 2019
According to the Investment Code Act of 2019, it is mandatory for foreign entities who intend to invest in the priority areas under Schedule 2 of the Act in Uganda to register with the Authority and failure to do so is punishable by a fine of UGX20-million (approximately USD 5,400) or a term of imprisonment of four years, or both.
An investor is required to apply to the authority to get an investment certificate/investment license. An investor must satisfy the minimum investment capital for domestic investments USD 50,0000 (approx. UGX 185,000,000) or foreign investment USD 100,000 (approx. UGX370,000,000) to qualify for registration and issuance of an investment license.
Section 17 provides for the requirements for application of an investment licence, including local content requirements which must be met by every investor before an investment certificate can be issued. These are:
- A certificate of registration of the business;
- Business plan which must include: the name of the investment and detailed information on the type of investment; the action plan; the date of commencement of operations; detailed information on raw materials sourced in the country or in the locality where the investment is to operate; detailed information on any financing and assets to be sourced from outside Uganda, including the timeframe in which these finances and assets shall be invested; land requirement for the investment; the location of the investment; utilities required for the investment; a market survey; details of the projected technology and knowledge transfer;
- An environmental impact assessment certificate issued in accordance with the relevant laws;
- The projected number of employees; and
- A license granted by the business sector in which the investor intends to operate.
An investor is required to apply to the authority to get an investment certificate/investment license. An investor must satisfy the minimum investment capital for domestic investments USD 50,0000 (approx. UGX 185,000,000) or foreign investment USD 100,000 (approx. UGX370,000,000) to qualify for registration and issuance of an investment license.
Section 17 provides for the requirements for application of an investment licence, including local content requirements which must be met by every investor before an investment certificate can be issued. These are:
- A certificate of registration of the business;
- Business plan which must include: the name of the investment and detailed information on the type of investment; the action plan; the date of commencement of operations; detailed information on raw materials sourced in the country or in the locality where the investment is to operate; detailed information on any financing and assets to be sourced from outside Uganda, including the timeframe in which these finances and assets shall be invested; land requirement for the investment; the location of the investment; utilities required for the investment; a market survey; details of the projected technology and knowledge transfer;
- An environmental impact assessment certificate issued in accordance with the relevant laws;
- The projected number of employees; and
- A license granted by the business sector in which the investor intends to operate.
Coverage Horizontal
UGANDA
Since November 2016
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Commercial presence requirement for digital services providers
NITA-U (Certification of IT Providers and Services) Regulations No. 69 of 2016
The Regulations 6 of the NITA-U (Certification of IT Providers and Services) Regulations set out criteria for certification of operators for the provision of the IT services. Regulation 7 provides that the applicant for certification should be registered company in Uganda and separately acquire certification for conducting business online or providing IT services. Other conditions include the need to abide by standards for provision of technology, demonstrate financial viability, have competent management, have policies and procedures governing the service provision, employ competent staff and have appropriate infrastructure and equipment.
Coverage IT services
UGANDA
Since September 2019
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Investment Code Act of 2019
Section 19(2) of the Investment Code Act gives the minister powers to restrict participation by foreigners in certain investments in Uganda. Even though this is not specific to digital services, this provision opens up possibilities for restrictions in this sector. Information technology is included amongst the 26 listed priority areas.
Coverage Information technology
UGANDA
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Uganda is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
UGANDA
Since December 2002, as amended in July 2011, entry into force in March 2014, last amended in July 2021
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement and Disposal of Public Assets Act, 2003
Section 50 of the Public Procurement and Disposal of Public Assets Act provides that, subject to the economic and social policies of the Government and the international obligations of the Government, preference is given to domestically manufactured goods and Ugandan contractors and Ugandan consultants, in order to promote their development, by giving them a competitive advantage when competing for public procurement contracts, with foreign manufactured goods, foreign contractors or foreign consultants. Moreover, Section 59A(3) states that in the procurement of goods, works or services through open tendering, a margin of preference up 15% for goods and up 7% for works or services applies.
Coverage Horizontal
Sources
- https://www.ppda.go.ug/download/ppda_act/ppda_act/REPRINT-OF-THE-PPDA-ACT-2003.pdf
- https://faolex.fao.org/docs/pdf/uga153125.pdf
- https://commons.laws.africa/akn/ug/act/2003/1/eng@2006-02-10.pdf
- https://ulii.org/akn/ug/act/2006/2/eng@2006-01-27/source
- https://commons.laws.africa/akn/ug/act/2003/1/media/publication/ug-act-2003-1-publication-document.pdf
- Show more...
UGANDA
Since December 2002, as amended in July 2011, entry into force in March 2014, last amended in July 2021
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Public Procurement and Disposal of Public Assets Act, 2003
Section 50.2 of the Public Procurement and Disposal of Public Assets Act provides that to promote particular sectors within specified geographic areas, specified public procurement contracts or parts of a contract is subject to reservation schemes. The Authority must, in consultation with a competent authority, and the relevant stakeholders, specify the public procurement contracts to be subject to a reservation scheme and designate the particular sectors, within a specified geographical area, that are eligible to participate in the reservation scheme (Section 59B).
Coverage Horizontal
Sources
- https://www.ppda.go.ug/download/ppda_act/ppda_act/REPRINT-OF-THE-PPDA-ACT-2003.pdf
- https://faolex.fao.org/docs/pdf/uga153125.pdf
- https://commons.laws.africa/akn/ug/act/2003/1/eng@2006-02-10.pdf
- https://ulii.org/akn/ug/act/2006/2/eng@2006-01-27/source
- https://commons.laws.africa/akn/ug/act/2003/1/media/publication/ug-act-2003-1-publication-document.pdf
- Show more...
UGANDA
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar 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)
Uganda is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
UGANDA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
6.77%
Coverage rate of zero-tariffs on ICT goods (%)
49.58%
Coverage: Digital goods
TOGO
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Togo has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
TOGO
Since 2017
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Togo 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
TOGO
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Togo has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
TOGO
Since June 2017
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Electronic Transactions Act No. 2017-07 (Loi sur les transactions électroniques No. 2017-07)
The law Electronic Transactions Act No. 2017-07 provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal
TOGO
N/A
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Togo does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal