MADAGASCAR
Since December 1995
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law No. 94-036 of 18 December 1995 on Literary and Artistic Property (Loi N. 94-036 du 18 Décembre 1995 portant sur la Propriété Littéraire et Artistique)
Madagascar has a copyright regime under Law N. 94-036 of 18 December 1995 on Literary and Artistic Property. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 42-50 list the exceptions, which include personal and teaching purposes; the reproduction and distribution by the press, broadcasting or cable communication to the public of an economic, political or religious article published in newspapers or periodicals, or a broadcast work of the same nature, in cases where the right of reproduction, broadcasting or such communication to the public is not expressly reserved; among others.
Coverage Horizontal
MADAGASCAR
Reported in 2020, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that the intellectual property authorities (OMAPI: Malagasy Industrial Property Office and OMDA: Malagasy Copyright Office) officially protect against intellectual property infringement, but the enforcement capacity is limited due to resource constraints, including low digitisation, a limited judicial system and a lack of awareness of intellectual property rights among businesses and consumers. Due to these constraints, international investors have experienced challenges in defending their interests. Madagascar does not track or report seizures of counterfeit goods, which are readily available on local markets, as are unauthorised copies of famous brands, songs and videos.
Coverage Horizontal
MADAGASCAR
Since February 2015
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Madagascar has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
MADAGASCAR
Since February 2015
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Madagascar has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
LUXEMBOURG
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Luxembourg 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
LUXEMBOURG
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Luxembourg 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
LUXEMBOURG
Since June 2014
Since April 2011
Since April 2011
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Law of 8 April 2011 Introducing a Consumer Code (Loi du 8 Avril 2011 Portant Introduction d'un Code de la Consommation)
Law of 8 April 2011 Introducing a Consumer Code (Loi du 8 Avril 2011 Portant Introduction d'un Code de la Consommation)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by Law of April 8, 2011 introducing a Consumer Code.
Coverage Horizontal
LUXEMBOURG
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
Luxembourg has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
LUXEMBOURG
Since December 2021
Pillar Intermediary liability |
Indicator User identity requirement
Law of 17 December 2021 on Electronic Communications Networks and Services (Loi du 17 Décembre 2021 Sur les Réseaux et les Services de Communications Électroniques)
Telecom service providers are required, pursuant to Art. 116 of the Law on electronic communications networks and services to collect the personal data of customers of a prepaid service. The provider shall collect the surname, first name, place of habitual residence, place and date of birth of the person. Additionally, the provider shall collect the type, country of issue and number of the person's identity document, as well as a copy of that identity document. In the case of a legal person, the business name, address of place of business and the identity of the person acting as a legal representative must be collected. For both legal and natural persons, the type of service, call number, and - if a SIM card is used, the number of the SIM card is also collected.
Coverage Telecommunications service providers
Sources
- https://web.archive.org/web/20211222231316/https://legilux.public.lu/eli/etat/leg/loi/2021/12/17/a927/jo
- https://web.archive.org/web/20231219193616/http://www.lgavocats.lu/en/communications-overview-on-regulation-and-outsourcing-in-luxembourg-2
- https://web.archive.org/web/20230418134505/https://www.luxtimes.lu/en/luxembourg/records-to-be-kept-on-pre-paid-sim-card-users-in-luxembourg-602d2c9bde135b923610e428
- https://web.archive.org/web/20220403034309/https://business.post.lu/documents/10181/10159519/CGV_Consommateurs_EN_CGV_0001_OnProd_v6_en+vigueur+au+1er+Mai+2018.pdf/c0968cb9-3095-4256-bded-7842054b9788
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LUXEMBOURG
Since April 2019
Since April 2001, as amended in April 2022
Since April 2001, as amended in April 2022
Pillar Intermediary liability |
Indicator Monitoring requirement
Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC
Law of 18 April 2001 on Copyright, Related Rights and Databases (Loi du 18 Avril 2001 Sur les Droits d’Auteur, les Droits Voisins et les Bases de Données)
Law of 18 April 2001 on Copyright, Related Rights and Databases (Loi du 18 Avril 2001 Sur les Droits d’Auteur, les Droits Voisins et les Bases de Données)
Art. 17 of Directive 2019/790 on Copyright in the Digital Single Market (DSM Directive) mandates that providers of content-sharing services seek authorisation from rights holders and implement technical solutions to remove and prevent unauthorised uploads by their users (so-called upload filters), under penalty of losing their liability safe harbour. Further arrangements are envisaged for complaints and dispute resolution mechanisms. Such upload filters are reported to be a significant cost for online platforms. Graduated exemptions are expected to be put in place for new providers active in the EU for less than three years with a turnover under EUR 10 million and with fewer than five million users. The provision is subject to a challenge in the Court of Justice by Poland (C-401/19).
To implement Directive 2019/790, the Copyright, Neighbouring Rights and Databases Act was amended in 2022, giving Royal Assent, making providers of online content sharing services partially liable for copyright infringements on their platforms.
To implement Directive 2019/790, the Copyright, Neighbouring Rights and Databases Act was amended in 2022, giving Royal Assent, making providers of online content sharing services partially liable for copyright infringements on their platforms.
Coverage Online content sharing service
Sources
- https://web.archive.org/web/20200715101343/https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1571326093909&uri=CELEX:32019L0790
- https://web.archive.org/web/20220405112921/https://www.legilux.public.lu/eli/etat/leg/loi/2022/04/01/a158/jo
- https://web.archive.org/web/20230922021725/https://www.create.ac.uk/cdsm-implementation-resource-page/
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LUXEMBOURG
Since May 2009
Since April 1977
Since April 1977
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Law of May 22, 2009 relating to the Grand Duchess Charlotte National Relief Organization and the National Lottery (Loi du 22 mai 2009 relative à l'Œuvre Nationale de Secours Grande-Duchesse Charlotte et à la Loterie Nationale)
Law Dated 20 April 1977 on The Operation of a Business of Games of Chance (Loi du 20 avril 1977 relative à l'exploitation des jeux de hasard et des paris relatifs aux épreuves sportives)
Law Dated 20 April 1977 on The Operation of a Business of Games of Chance (Loi du 20 avril 1977 relative à l'exploitation des jeux de hasard et des paris relatifs aux épreuves sportives)
The current gambling laws do not distinguish between online games and land-based games. However, the National Lottery (Loterie Nationale) has a de facto monopoly in the online gambling market as it is the only entity carrying out online activities in Luxembourg under a licence. This de facto monopoly is reported to be a significant restriction on online gambling operators.
Coverage Online gambling
Sources
- https://web.archive.org/web/20191126030823/http://legilux.public.lu/eli/etat/leg/loi/2009/05/22/n3/jo
- https://web.archive.org/web/20211010183050/https://legilux.public.lu/eli/etat/leg/loi/1977/04/20/n7/jo
- https://web.archive.org/web/20241216144751/https://mj.gouvernement.lu/dam-assets/dossiers/blanchiment/en-nra-import-version-2982022.pdf
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LUXEMBOURG
Since March 2010, entry into force in May 2010, last amended in 2018
Since February 2010, as amended in July 2021
Since February 2010, as amended in July 2021
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)
Grand-Ducal Regulation of 5 April 2001 (Règlement grand-ducal du 1er février 2010)
Grand-Ducal Regulation of 5 April 2001 (Règlement grand-ducal du 1er février 2010)
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Art. 13.1 provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works by facilitating access to such works using any appropriate means to ensure their prominence. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In Luxembourg, the EU Directive was transposed into domestic law through the amendment of the Grand-Ducal Regulation of July 2021 (Amended Grand-Ducal Regulation of 5 April 2001 on the promotion of European works in audiovisual media services). According to Art. 5bis of the Regulation, providers of on-demand audiovisual media services must secure at least a 30% share of European works in their catalogues and ensure the prominence of these works. Additionally, Luxembourg has not implemented financial contribution obligations for VOD service providers.
In Luxembourg, the EU Directive was transposed into domestic law through the amendment of the Grand-Ducal Regulation of July 2021 (Amended Grand-Ducal Regulation of 5 April 2001 on the promotion of European works in audiovisual media services). According to Art. 5bis of the Regulation, providers of on-demand audiovisual media services must secure at least a 30% share of European works in their catalogues and ensure the prominence of these works. Additionally, Luxembourg has not implemented financial contribution obligations for VOD service providers.
Coverage On-demand audiovisual service
Sources
- https://web.archive.org/web/20221107114712/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0013&from=EN
- https://web.archive.org/web/20231218140331/https://eur-lex.europa.eu/eli/dir/2018/1808/oj
- https://web.archive.org/web/20220414030543/https://www.legilux.public.lu/eli/etat/leg/rgd/2021/07/15/a555/jo
- https://web.archive.org/web/20230924021201/https://www.obs.coe.int/en/web/observatoire/home/-/asset_publisher/9iKCxBYgiO6S/content/which-eu-countries-have-transposed-the-avmsd-into-national-legislatio...
- https://web.archive.org/web/20240609131307/https://rm.coe.int/iris-plus-2022-2-tables/1680a6889d
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LUXEMBOURG
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Lack of obligation for passive infrastructure sharing
It is reported that passive sharing of telecom infrastructure is not mandated by law, but it is practised in the mobile sector. Under Art. 44 of the Law on Electronic Communications Networks and Services, the regulator has the possibility of authorising the sharing and co-location of resources.
Directive 2014/61/EU (Art. 3.2) establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Directive 2014/61/EU (Art. 3.2) establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Coverage Telecommunications sector
LUXEMBOURG
Since 1992
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 POST Luxembourg (formerly Entreprise des Postes et Télécommunications) is a wholly state-owned company. In addition, it is reported that LuxConnect is a wholly state-owned company. LuxConnect is a Luxembourg-based company that specialises in providing data centre and connectivity services. It operates as a national provider of ICT (Information and Communications Technology) infrastructure for Luxembourg's public and private sectors.
Coverage Telecommunications sector
LUXEMBOURG
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that there is no requirement for functional separation for operators with significant market power. However, accounting separation is required in certain cases, e.g. if annual turnover exceeds 50 Million Euros for the activities related to the operation of electronic communication networks and services.
Coverage Telecommunications sector
