SUDAN
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 Phonogram Treaty
Sudan has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
SUDAN
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Sudan lacks a comprehensive regime for the protection of trade secrets.
Coverage Horizontal
SUDAN
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
Sudan has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
SUDAN
Since April 1984
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Sudan is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
SUDAN
Since January 2013
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Copyright and Neighbouring Rights Protection and Literal and Artistic Works Act, 2013
Sudan has a copyright regime under the law Copyright and Neighbouring Rights Protection and Literal and Artistic Works Act, 2013. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 26-32 list the exceptions, which include educational purpose, quotations, transfer or copying from newspaper, copying for legal proceedings, news reports, photocopying in libraries and publishing by mass media.
Coverage Horizontal
SUDAN
Reported in 2022
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Screening of investment
It is reported that equity investors undergo a detailed screening process known as "due diligence" procedure. The report defines "equity" as ownership stake in a company.
Coverage Horizontal
SUDAN
Since 2015
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Commercial presence requirement for digital services providers
Companies Act 2015
According to Art. 33 of the Companies Act 2015, companies established outside Sudan and wishing to conduct business in Sudan must register a branch in Sudan. Companies contracted to implement projects in Sudan must establish a branch in Sudan for the sole purpose and period of the project's implementation (Art. 34).
Coverage Horizontal
SUDAN
Since August 1971
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Patents Act, 1971 - Act No. 58 of 1971
According to Art. 12.1 (a) of Patents Act, the complete name and address of the patent applicant are required. The applicants with an address outside of Sudan must provide a local address for their activity within the country.
Coverage Horizontal
SUDAN
Since 2015
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Nationality/residency requirement for directors or managers
Companies Act 2015
According to Art. 39.2 of the Companies Act, at least one of the directors in the board of any company must be a resident of Sudan.
Coverage Horizontal
SUDAN
Since May 2021
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Investment (Encouragement) Act, 2021
According to Art. 22.1 of the Investment (Encouragement) Act, a minimum foreign capital for foreign investors is required. It is reported that the amount must be not less than USD 250,000 or its equivalent of the foreign currencies admissible by the Central Bank of Sudan as evidence of commitment. It is expected that the regulations will specify the relevant authority to which the investor is entitled to pay such amount, given that it is not determined under the New Investment Act. Such an amount will be used to finance the relevant project after obtaining the license (Art. 22.2).
Coverage Horizontal
SUDAN
Since June 2010
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Purchasing, Contracting and Surplus Disposal Act 2010
The Purchasing, Contracting and Surplus Disposal Act implements some limitations on foreign participation in public procurement, including:
- Foreign bidders must use specific services from local suppliers and ensure that not less than 20% of the project is undertaken by Sudanese contractors (Art. 14.16);
- All contractors are obligated to purchase the tools and equipment they need for the purpose of implementing their contracts from the Sudanese agents in Sudan, they are not allowed to import directly from abroad except in cases they cannot find their needs in Sudan (Art. 14.17);
- Government agencies must encourage Sudanese industries and products and prefer them over foreign ones as long as it meets the purpose for which the purchase was decided (Art. 14.19).
- National products and industries may be purchased if their prices exceed a maximum of 10%, other products manufactured overseas are acceptable as long as they meet the required specifications (Art. 14.20).
- Foreign bidders must use specific services from local suppliers and ensure that not less than 20% of the project is undertaken by Sudanese contractors (Art. 14.16);
- All contractors are obligated to purchase the tools and equipment they need for the purpose of implementing their contracts from the Sudanese agents in Sudan, they are not allowed to import directly from abroad except in cases they cannot find their needs in Sudan (Art. 14.17);
- Government agencies must encourage Sudanese industries and products and prefer them over foreign ones as long as it meets the purpose for which the purchase was decided (Art. 14.19).
- National products and industries may be purchased if their prices exceed a maximum of 10%, other products manufactured overseas are acceptable as long as they meet the required specifications (Art. 14.20).
Coverage Horizontal
SUDAN
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Sudan is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status. In fact, Sudan is not a member of the WTO.
Coverage Horizontal
SUDAN
Since May 2021
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Investment (Encouragement) Act, 2021
According to Art. 18 of the Investment (Encouragement) Act, the foreign investment is banned in some sectors specified by the Minister. It is reported that foreign capital participation is banned in most telecommunications and media, including newspaper publishing.
Coverage Horizontal
SUDAN
Since June 2010
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Purchasing, Contracting and Surplus Disposal Act 2010
Chapter 5 of the Purchasing, Contracting and Surplus Disposal Act stipulates that:
- Priority in contracting to carry out works shall be given to Sudanese individuals and institutions licensed to operate according to this Act (Art. 14.14); and
- The Ministry may specify some works and contracts whose implementation must be entrusted to Sudanese contractors and the projects can also be divided to allow Sudanese contractors to qualify and implement them (Art. 14.15).
- Priority in contracting to carry out works shall be given to Sudanese individuals and institutions licensed to operate according to this Act (Art. 14.14); and
- The Ministry may specify some works and contracts whose implementation must be entrusted to Sudanese contractors and the projects can also be divided to allow Sudanese contractors to qualify and implement them (Art. 14.15).
Coverage Horizontal
SUDAN
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)
Sudan is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II). In fact, Sudan is not a member of the WTO.
Coverage ICT goods