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GUINEA-BISSAU

Since August 2012

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Decree-Law No. 20/2012 of 20 August - Public Procurement Code (Decreto-Lei No. 20/2012 de 20 de Agosto - Código dos Contratos Públicos)
According to Art. 66 of Decree-Law No. 20/2012, there is a community preference. When a public contract or delegation of public service is awarded, preference must be given to the bid submitted by a community company from the West African Economic Monetary Union - WAEMU community. The Community preference must be quantified in the form of a percentage of the bid amount of the offer. This percentage is set at 15%, and the Community preference margin must be provided in the tender document. In addition, according to Art. 30, in case of a contract with a local authority or one of the public entities, a candidate intending to subcontract at least 30% of the total contract value to a company from a national company may benefit from an additional preference margin up to 5%.
Coverage Horizontal

GUINEA-BISSAU

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the World Trade Organization (WTO) Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Guinea-Bissau is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

GUINEA-BISSAU

Reported in 2010, last reported in 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Fixed-Line investment restrictions
It is reported that some activities, including fixed telephone services, are reportedly closed to domestic or foreign private investment in Guinea-Bissau. This is despite the fact that no restrictions are found in the current legislation. In fact, Art. 6 of the Investment Code (Law No. 3/2011) states that in accordance with this Code and other laws, foreign and domestic investors enjoy equal treatment before the State and all its institutions. In addition, the Basic Law on Information and Communications Technology (Law No. 5/2010) does not contain any restrictions on market access for foreign suppliers. Yet, for fixed telephony, the state-owned operator Guiné Telecom is the only provider of these services. In 1989, the government created Guiné Telecom. At the time, Portugal Telecom (PT) took a stake in the company, but in 2010, it withdrew its participation in the country's monopoly. In 2013, the government declared Guiné Telecom bankrupt, and the company was effectively shut down, but in September 2021, it was announced that it would resume operations in the country. In that month, Guiné Telecom was granted a new concession, Single Individual Licence No. GNB01SFT2021, to operate as a network and infrastructure operator and provider of fixed telecommunications services throughout Guinea-Bissau. In 2023, it was reported that Guinea-Bissau was looking to sell shares in Guiné Telecom.
Coverage Fixed telephone services
Sources

GUINEA-BISSAU

Since February 1999, entry into force in February 2002, last amended in December 2015
Since December 2019, entry into force in March 2020

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Bangui Agreement Relating to the Creation of an African Intellectual Property Organization, Constituting a Revision of the Agreement Relating to the Creation of an African and Malagasy Office of Industrial Property (Bangui (Central African Republic), 2 March 1977) (Accord de Bangui relatif à la création d'une organization Africaine de la Propriété Intellectuelle, constituant révision de l'Accord relatif à la création d'un Office Africain et Malgache de la Propriété Industrielle (Bangui (République centrafricaine), le 2 mars 1977)

Regulations on the profession of Authorised Agent before the African Intellectual Property Organization (Règlement sur la profession de Mandataire agréé auprès de l'organization Africaine de la Propriété Intellectuelle)
According to the Bangui Agreement, ratified by 17 States, including Guinea-Bissau, applicants resident outside the territory of the Member States must file through an agent selected in one of those Member States (Section III, Art. 8). The professional status of agent accredited to the African Intellectual Property Organization (OAPI) is governed by the Regulations on the Profession of Authorised Agent before the OAPI.
Coverage Horizontal

GUINEA-BISSAU

Since December 1997

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Guinea-Bissau is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

GUINEA-BISSAU

Since April 1966
Since March 1977, as amended in December 2015, entry into force in November 2020

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Copyright Code (approved by Decree-Law No. 46.980 of April 27, 1966) (Código do Direito de Autor (aprovado pelo Decreto-Lei No. 46.980 de 27 de Abril de 1966))

Bangui Agreement Relating to the Creation of an African Intellectual Property Organization, Constituting a Revision of the Agreement Relating to the Creation of an African and Malagasy Office of Industrial Property (Bangui (Central African Republic), 2 March 1977) (Accord de Bangui relatif à la création d'une organization Africaine de la Propriété Intellectuelle, constituant révision de l'Accord relatif à la création d'un Office Africain et Malgache de la Propriété Industrielle (Bangui (République centrafricaine), le 2 mars 1977)
Guinea-Bissau has a copyright regime under the Copyright Code. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 181-188 list the exceptions, which include: reproduction by organs of the press of speeches and other statements made in public; the performance of hymns or officially adopted patriotic songs; works of a religious nature during religious services or acts; work included in educational programs or books, when integrated into teaching; among others.
In addition, the Revised Bangui Agreement, which is a regional intellectual property law that is not only a regional convention applicable in all member states but also serves as a national intellectual property law in Guinea-Bissau and each of the other member states, contains provisions on copyright in Annex VII: Chapter IV (Limitations to Economic Rights) and establishes a regime of copyright exceptions. Nevertheless, these exceptions similarly do not conform to the fair use or fair dealing models.
Coverage Horizontal

GUINEA-BISSAU

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Guinea-Bissau has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

GUINEA-BISSAU

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Guinea-Bissau has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

GUINEA-BISSAU

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Lack of comprehensive trade secret regime
Guinea-Bissau does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. In particular, the country has established provisions addressing disclosure, acquisition or use of confidential information in the course of industrial or commercial activities by third parties in Art. 6 of Annex VIII of the Bangui Agreement, which has been ratified by 17 States, including Guinea-Bissau in 2002.
Coverage Horizontal

GUINEA-BISSAU

Since November 2013

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Decree No. 21/2013 of 13 November - Regulation on Obligation for Passive Infrastructure Sharing (Decreto No. 21/2013 - Regulamento de Partilha de Infraestruturas Passivas de Telecomunicações e Outros Recursos de Rede)
According to Art. 1 of Decree No. 21/2013, there is an obligation for passive infrastructure sharing in Guinea-Bissau to deliver telecom services to end users.
Coverage Telecommunications sector

GUINEA-BISSAU

Reported in 2010, last reported in 2023

Pillar Telecom infrastructure & competition  |  Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Fixed-Line investment restrictions
Some activities, including fixed telephone services, are reportedly not open to domestic or foreign private investment in Guinea-Bissau. This is despite the fact that no restrictions are found in the current legislation. In fact, Art. 6 of the Investment Code (Law No. 3/2011) states that in accordance with this Code and other laws, foreign and domestic investors enjoy equal treatment before the State and all its institutions. In addition, the Basic Law on Information and Communications Technology (Law No. 5/2010) does not contain any restrictions on market access for foreign suppliers. Yet, for fixed telephony, the state-owned operator Guiné Telecom is the only provider of these services. In 1989, the government created Guiné Telecom. At the time, Portugal Telecom (PT) took a stake in the company, but in 2010, it withdrew its participation in the country's monopoly. In 2013, the government declared Guiné Telecom bankrupt, and the company was effectively shut down, but in September 2021, it was announced that it would resume operations in the country. In that month, Guiné Telecom was granted a new concession, Single Individual Licence No. GNB01SFT2021, to operate as a network and infrastructure operator and provider of fixed telecommunications services throughout Guinea-Bissau. In 2023, it was reported that Guinea-Bissau was looking to sell shares in Guiné Telecom.
Coverage Fixed telephone services
Sources

GUINEA-BISSAU

Since July 2004

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The government owns shares in certain telecom companies. In particular, Guiné Telecom (Companhia de Telecomunicações da Guiné-Bissau) is a state-owned company and has a monopoly on the fixed-line network. Moreover, Guinetel, which operates in the mobile telecom sector, is a subsidiary of the Guiné Telecom. It is reported that the government launched a proposal for the privatisation of state-owned telecom companies, which is still ongoing.
Coverage Telecommunications sector
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ITA: [{"meta_value":"1.00"}]

GUINEA-BISSAU

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
10.39%
Coverage rate of zero-tariffs on ICT goods (%)
9.90%
Coverage: Digital goods

GUINEA

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (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
Guinea has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

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