SPAIN
Since April 2017, last amended in July 2018
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Patent Act 24/2015 (Ley 24/2015, de 24 de julio, de Patentes)
There are reports of concerns about the differences in the treatment of non-Spanish patent applications. According to Art. 152 of the Patent Act 24/2015, non-residents of the EU must act through an intellectual property agent before the Spanish Intellectual Property Office. In addition, residents of an EU State acting on their own behalf must designate an address in Spain for the purpose of notifications or, alternatively, indicate that notifications should be sent to them by email. It is reported that the process for granting and renewing patents may present some complexities and high costs in Spain.
Coverage Horizontal
Sources
- https://web.archive.org/web/20221031061147/https://www.oepm.es/export/sites/oepm/comun/documentos_relacionados/Invenciones/DirExPat_DIRECTRICES_Version_2_0.pdf
- https://web.archive.org/web/20221110170130/https://www.oepm.es/export/sites/oepm/comun/documentos_relacionados/PDF/Manual_Solic_Patentes_Actualizado_FEB2012.pdf
- https://web.archive.org/web/20231014003310/https://www.boe.es/buscar/act.php?id=BOE-A-2015-8328
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SPAIN
Since November 1989
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Spain is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
SPAIN
Since May 2001
Since April 1996, last amended in March 2022
Since April 1996, last amended in March 2022
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Directive 2001/29/EC
Royal Legislative Decree 1/1996, of 12 April 1996, Approving the Revised Text of the Intellectual Property Law, Regularising, Clarifying and Harmonising the Legal Provisions in Force on the Matter (Real Decreto Legislativo 1/1996, de 12 de abril de 1996, por el que se aprueba el texto refundido de la Ley de Propiedad Intelectual, por el que se regularizan, aclaran y armonizan las disposiciones legales vigentes en la materia)
Royal Legislative Decree 1/1996, of 12 April 1996, Approving the Revised Text of the Intellectual Property Law, Regularising, Clarifying and Harmonising the Legal Provisions in Force on the Matter (Real Decreto Legislativo 1/1996, de 12 de abril de 1996, por el que se aprueba el texto refundido de la Ley de Propiedad Intelectual, por el que se regularizan, aclaran y armonizan las disposiciones legales vigentes en la materia)
There is no general principle for the use of copyright-protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.
The Spanish Intellectual Property Act indicates that copyright exceptions must be limited to certain special cases and that they must not unreasonably prejudice the legitimate interests of the author. As a result, the Spanish Intellectual Property Act has defined the exceptions to Copyright in Spain. These include, inter alia: provisional reproductions and private copies, copies for security purposes and during administrative or judicial procedures, quotations and reviews and illustrations for educational or scientific research purposes, their use in databases by the legitimate user and limitations to the exploitation rights of the owner of a database, works without a known author, works on official acts and religious ceremonies and parody.
The Spanish Intellectual Property Act indicates that copyright exceptions must be limited to certain special cases and that they must not unreasonably prejudice the legitimate interests of the author. As a result, the Spanish Intellectual Property Act has defined the exceptions to Copyright in Spain. These include, inter alia: provisional reproductions and private copies, copies for security purposes and during administrative or judicial procedures, quotations and reviews and illustrations for educational or scientific research purposes, their use in databases by the legitimate user and limitations to the exploitation rights of the owner of a database, works without a known author, works on official acts and religious ceremonies and parody.
Coverage Horizontal
Horizontal
Horizontal
Sources
- https://web.archive.org/web/20231225202237/https://digital-strategy.ec.europa.eu/en/policies/copyright-legislation
- https://web.archive.org/web/20220225202306/https://www.boe.es/buscar/act.php?id=BOE-A-1996-8930&tn=2&p=20211103
- https://web.archive.org/web/20230928120521/https://www.cedro.org/propiedad-intelectual/limites-y-excepciones
- https://web.archive.org/web/20231216093718/https://www.boe.es/buscar/act.php?id=BOE-A-1996-8930
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SPAIN
Since March 2010
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
The European Union and Spain have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal
SPAIN
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)
1.01%
Coverage rate of zero-tariffs on ICT goods (%)
78.62%
Coverage: ICT goods
SOUTH SUDAN
Reported in 2022
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Supplier Declaration of Conformity not allowed for foreign businesses
It is reported that all products imported into South Sudan, including electrical and electronic goods, are subject to the Pre-Export Verification to Conformity (PVoC) program and must be accompanied by a Certificate of Conformity (CoC), which is a mandatory clearance document for each consignment. The program covers all products being imported into South Sudan with a value above USD 2,000 and applies to all countries. The objective of the program is to verify conformity to South Sudan standards or other approved standards and technical regulations.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220705044242/https://www.sgs.com/en/news/2022/06/understanding-south-sudan-s-new-pre-export-verification-of-conformity-pvoc-program
- https://web.archive.org/web/20220929163521/https://www.sgs.com/en/services/south-sudan-product-conformity-assessment-pca
- https://web.archive.org/web/20231215160419/https://www.wto.org/english/thewto_e/acc_e/ssd_e/wtaccssd6_leg_30.pdf
- https://ib-lenhardt.com/type-approval/south-sudan
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SOUTH SUDAN
Since February 2012
Pillar Online sales and transactions |
Indicator Maximum foreign equity share for investment in the e-commerce sector
The Companies Act, 2012
Section 323.4 of the Companies Act stipulates that small companies shall be exclusively owned by South Sudanese nationals. According to Section 323.3, a company qualifies as a small-sized private company if its turnover for the preceding accounting period is below a threshold specified by the government, it employs no more than seven individuals, and its share capital does not exceed an amount prescribed by the government. Furthermore, Section 323.5 mandates that financially capable South Sudanese nationals must hold a minimum of 31% of the shares in medium and large private companies. Section 323.6 defines a medium or large private company as one with share capital not less than an amount prescribed by the government. These regulatory restrictions reportedly extend to sectors pertinent to digital trade, although it is not clear whether it applies to the e-commerce sector.
Coverage E-commerce sector
Sources
- https://web.archive.org/web/20250109154524/https://mofaic.gov.ss/wp-content/uploads/2023/03/Companies-Act-2012.pdf
- https://web.archive.org/web/20250109154622/https://imanidevelopment.com/wp-content/uploads/2017/03/Legal-and-Economic-Assessment-South-Sudan.pdf
- https://web.archive.org/web/20250109154953/https://2009-2017.state.gov/e/eb/rls/othr/ics/2013/204855.htm
- https://itip-services-worldbank.wto.org/SearchApplied.aspx
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SOUTH SUDAN
Since December 2017
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Electronic Money Regulation, 2017
According to Art. 15 of the e-money Regulation, the e-money service provider must strictly apply KYC procedures based on a risk-based approach that determines the different risk categories in the application of customer identification; mobile money accounts have been categorised in the following three levels:
- Level 1: basic level accounts with simplified KYC, which are subject to lower transaction limits and limited documentation requirements for account opening. They have a maximum balance limit equal to USD 1.000, a daily transaction limit equal to USD 250, and a monthly transaction limit equal to USD 2.000;
- Tier 2: Partial KYC accounts that have higher limits and stricter account opening requirements. They have a maximum balance limit equivalent to USD 4.000, a daily transaction limit equivalent to USD 1.000, and a monthly transaction limit equivalent to USD 8.000.
- Level 3: accounts with complete KYC requirements. Accounts with full KYC have higher limits for corporate and government payments. They have a maximum balance limit equivalent to USD 10.000, a daily transaction limit equivalent to USD 2.000, and a monthly transaction limit equivalent to USD 20.000.
- Level 1: basic level accounts with simplified KYC, which are subject to lower transaction limits and limited documentation requirements for account opening. They have a maximum balance limit equal to USD 1.000, a daily transaction limit equal to USD 250, and a monthly transaction limit equal to USD 2.000;
- Tier 2: Partial KYC accounts that have higher limits and stricter account opening requirements. They have a maximum balance limit equivalent to USD 4.000, a daily transaction limit equivalent to USD 1.000, and a monthly transaction limit equivalent to USD 8.000.
- Level 3: accounts with complete KYC requirements. Accounts with full KYC have higher limits for corporate and government payments. They have a maximum balance limit equivalent to USD 10.000, a daily transaction limit equivalent to USD 2.000, and a monthly transaction limit equivalent to USD 20.000.
Coverage E-money service providers
Sources
- https://web.archive.org/web/20230330163406/http://www.boss.gov.ss/reg/2017/ElectronicMoneyRegulation.pdf
- https://web.archive.org/web/20231215160342/https://www.wto.org/english/thewto_e/acc_e/ssd_e/wtaccssd6_leg_3.pdf
- https://web.archive.org/web/20230217220211/http://www.boss.gov.ss/reg/2017/BankofSouthSudanAMLPolicy.pdf
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SOUTH SUDAN
Reported in 2018, last reported in 2023
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Online payment restrictions
It is reported that the ability to exchange local currency for foreign currency is severely restricted due to South Sudan’s lack of correspondent banking relationships. Some international businesses have complained that the inability to repatriate proceeds has hurt their businesses.
Coverage Horizontal
SOUTH SUDAN
N/A
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
South Sudan does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
SOUTH SUDAN
Since April 2011
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumers Protection Act 2011
The Consumers Protection Act 2011 provides a comprehensive framework for consumer protection that also applies to online transactions. According to Art. 2, the purpose of the law is to establish a legal framework for the protection of the interests and welfare of consumers in their dealings with producers and suppliers. In addition, according to Art. 4, the Act applies to any consumer transaction occurring within South Sudan between a supplier and a consumer unless the transaction is exempted under subsection.
Coverage Horizontal
SOUTH SUDAN
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
South Sudan has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
SOUTH SUDAN
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
South Sudan has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
SOUTH SUDAN
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
South Sudan 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
SOUTH SUDAN
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in South Sudan's law and jurisprudence.
Coverage Internet intermediaries
