ZAMBIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Zambia has no rules applicable to the protection of trade secrets.
Coverage Horizontal
ZAMBIA
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Zambia to deliver telecom services to end users. It is practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector
ZAMBIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Zambia has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
ZAMBIA
Reported in 2018
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that copyright is not adequately enforced online in Zambia. The rate of unlicensed software installation in the country was 80% in 2017 (above the 56% rate of the Middle Eastern and African countries), for an estimated commercial value of USD 4 million.
Coverage Software
ZAMBIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Zambia has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
ZAMBIA
Since November 2001
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Zambia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
ZAMBIA
Since December 1994
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Copyright and Performance Rights Act, Cap 406, 1994
Zambia 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. Section 21 of the Copyright Act provides for a wide list of copyright exceptions including for:
- Private study or for the purposes of research done by an individual for his personal purposes, otherwise than for profit;
- Criticism or review, whether of that work or any other work, provided there is a sufficient acknowledgement;
- Reporting current events.
- Private study or for the purposes of research done by an individual for his personal purposes, otherwise than for profit;
- Criticism or review, whether of that work or any other work, provided there is a sufficient acknowledgement;
- Reporting current events.
Coverage Horizontal
ZAMBIA
Since July 1994, last amended in November 2017
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Nationality/residency requirement for directors or managers
Companies Act, 2017 (No. 10 of 2017)
Companies Act (Amendment) Act, Cap 388, 1994
Companies Act (Amendment) Act, Cap 388, 1994
According to Art. 303 of the Companies Act, 2017 (No. 10 of 2017), a foreign company shall appoint at least one local director. This restriction has been in place since the Companies Act of 1994 (Art. 248).
Coverage Horizontal
ZAMBIA
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)
Zambia is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
ZAMBIA
Since November 2020, entry into force in April 2021
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement Act No. 8, 2020
Section 91 of the Public Procurement Act provides a preference and reservation scheme to citizens or local suppliers, bidders offering goods or works and services with local content. Certain procurement requirements are also restricted to target groups (SMEs, women, youths, persons with disabilities). Greater preference is also granted where citizens or local suppliers form part of a joint venture or association agreement than where they are subcontracted by foreign suppliers. The actual margin for preference to be applied is not fixed. It is the mandate of the Procurement Authority in liaison with the Citizens Economic Empowerment Commission, other relevant Government departments, and statutory bodies, to set the margins.
Coverage Horizontal
Sources
- https://www.parliament.gov.zm/sites/default/files/documents/acts/The%20Public%20Procurement%20Act%20No.%208%202020.pdf
- https://www.parliament.gov.zm/sites/default/files/documents/amendment_act/Public%20Procurement%20Amendment%20Act%2C%202011.pdf
- https://www.zppa.org.zm/documents/20182/85608/CIRCULAR_2_OF_2021_COMMENCEMENT+OF+THE+PUBLIC+PROCUREMENT+ACT+NO.+8+OF+2020.pdf/f5fba563-8c53-42bd-9cff-bedd6490c8c7?version=1.0
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ZAMBIA
Since 2018
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
National Local Content Strategy 2018-2022
There is a National Local Content Strategy 2018-2022 that says "Government policy requires a minimum of 35% utilization of local inputs and/or products in the production and provision of goods and services throughout the economy".
Coverage Horizontal
ZAMBIA
Since November 2020, entry into force in April 2021
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Public Procurement Act No. 8, 2020
Section 89.4 of the Public Procurement Act provides that a procuring entity may exclude a foreign bidder from participating in procurement proceedings where the procurement is subject to a reservation scheme in accordance with Section 91. A procuring entity can reserve or set aside certain procurement requirements for a target group, by restricting bidding to the target group (Section 91(1)(c)). Moreover, procurement can exclude foreigners in cases of open national bidding used in accordance with Section 39 and of open national selection used in accordance with Section 41.
Coverage Horizontal
Sources
ZAMBIA
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)
Zambia is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
ZAMBIA
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)
7.19%
Coverage rate of zero-tariffs on ICT goods (%)
33.65%
Coverage: Digital goods
TANZANIA
Since 2015
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Tanzania 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