Database

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MALAWI

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Malawi has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

MALAWI

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Malawi has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

MALAWI

Since November 2016, entry into force in June 2017

Pillar Intellectual Property Rights (IPRs)  |  Indicator Mandatory disclosure of business trade secrets such as algorithms or source code
Electronic Transactions and Cybersecurity Act of 2016
The Law in Malawi, according to Sections 52 and 53 of the Electronic Transactions and CyberSecurity Act of 2016, requires cryptography services or products to be registered by the Communications Authority. Additionally, the use, importation, and exportation of encryption programs and encryption products is subject to authorisation by the government. In addition, Section 67 of the Act mandates encryption services providers to declare to the Authority the technical characteristics of the encryption means as well as the source code of the software used. Violation of these regulations is a criminal offence punishable by up by imprisonment and a fine.
Coverage Encryption services

MALAWI

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Malawi has no rules applicable to the protection of trade secrets.
Coverage Horizontal

MALAWI

N/A

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Malawi to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector

MALAWI

Since October 2016

Pillar Telecom infrastructure & competition  |  Indicator Maximum foreign equity share for investment in the telecommunication sector
Communications Act of 2016
Section 35 of the Communications Act mandates an electronic communications licensee (Network and Application Services) to maintain a shareholding by nationals of at least 20%.
Coverage Telecommunications sector

MALAWI

Reported in 2022

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
It is reported that the government has a 20% share in Malawi Telecommunications Limited (MTL).
Coverage Telecommunications sector

MALAWI

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory accounting separation for dominant network operators
It is reported that Malawi does not require accounting separation for operators with significant market power (SMP) in the telecom market. However, functional separation is legally required.
Coverage Telecommunications sector

MALAWI

Since January 2005

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Public Procurement Regulations, 2004
Section 80 (3b)(ii) of the Public Procurement Regulations of 2004 suggests consideration for i) the extent of local content in goods; ii) works or services being offered by a supplier; iii) the transfer of technology and the development of managerial, scientific and operational skills, when awarding a tender.
Coverage Horizontal

MALAWI

Since August 2017

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 Act, 2017
Section 44.10 of the Public Procurement and Disposal of Public Assets Act promotes preference to indigenous black Malawians for 60% of national competitive bidding. This is in support of the 2016 Buy Malawi Strategy.
Coverage Horizontal
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'MW')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"101418"},{"post_id":"101419"},{"post_id":"101420"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'MW')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'MW')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

MALAWI

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)
4.89%
Coverage rate of zero-tariffs on ICT goods (%)
54.07%
Coverage: ICT goods

MALAWI

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)
Malawi is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

MADAGASCAR

Since June 2015

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Law No. 14/2015 on guarantees and consumer protection (Loi No.14/2015 sur les garanties et la protection des consommateurs)
Law No.14/2015 on guarantees and consumer protection provides a comprehensive consumer protection framework that applies to online transactions.
Coverage Horizontal

MADAGASCAR

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Madagascar has signed but not ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

MADAGASCAR

Since 2014

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Madagascar 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

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