TUNISIA
Since December 2001
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Tunisia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
TUNISIA
N/A
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Participation in the World Trade Organization (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)
Tunisia is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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TUNISIA
Since February 1994, last amended in June 2009
Since June 2009
Since June 2009
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Law No. 36-1994 on Literary and Artistic Property
Law No. 2009-33 on Literary and Artistic Property
Law No. 2009-33 on Literary and Artistic Property
Tunisia has a copyright regime under Law No. 2009-33, which amended Law No. 36-1994. However, the exceptions do not follow the fair use or fair dealing model, limiting the lawful use of copyrighted work by others. Art. 10 of Law No. 36-1994 provided a list of exceptions, which has been expanded by Law No. 33-2009. The updated list of exceptions includes reproduction for scientific research purposes, reproduction as part of teaching activities, and the communication or reproduction of press articles published in newspapers or periodicals on current economic, political or social topics, among others.
Coverage Horizontal
TUNISIA
Since March 2014
Since October 2022
Since October 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 1039-2014 on public procurement (Décret No. 2014-1039 portant réglementation des marchés publics)
Decree-Law No. 68-2022 enacting special provisions for improving the efficiency of carrying out public and private projects
Decree-Law No. 68-2022 enacting special provisions for improving the efficiency of carrying out public and private projects
Art. 26 of Decree No. 1039-2014 provides that offers submitted by Tunisian companies (in public works contracts as well as the Tunisian products in all markets to supply goods) would be preferred to offers from foreign firms and products of any origin other than Tunisian, whenever such services and products are of equal quality, and as long as the price of Tunisian products does not exceed more than 10% the amounts of the offers of foreign companies and the prices of foreign goods.
In addition, Art. 12 of Decree-Law No. 68-2022 provides that an additional preference of 20% of the total price of the contract to bids from Tunisian economic operators for contracts for studies, works and the supply of goods and services over bids, from foreign economic operators.
In addition, Art. 12 of Decree-Law No. 68-2022 provides that an additional preference of 20% of the total price of the contract to bids from Tunisian economic operators for contracts for studies, works and the supply of goods and services over bids, from foreign economic operators.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231211131354/http://www.marchespublics.gov.tn/onmp/documents/document.php?id=456&lang=fr
- https://web.archive.org/web/20230204151647/https://www.energiemines.gov.tn/fileadmin/docs-u1/D%C3%A9cret-loi2022_68.pdf
- https://web.archive.org/web/20221101132159/https://www.leaders.com.tn/article/34021-slim-besbes-les-nouvelles-mesures-relatives-a-l-amelioration-de-l-efficacite-de-la-realisation-des-projets-publics-e...
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TUNISIA
Reported in 2020, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Although Tunisia's copyright law covers literary, artistic, scientific, new technology, and digital works, enforcement may not consistently align with the standards expected by international commercial entities. Print, audio, and video media are especially vulnerable to copyright violations. The country’s porous borders contribute to frequent smuggling of illicit items, and the trade in counterfeit and pirated goods remains pervasive. Additionally, the rise of illegal internet protocol television (IPTV) streaming services has introduced new challenges to copyright enforcement.
Coverage Horizontal
TUNISIA
Since March 2014
Since October 2022
Since October 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 1039-2014 on public procurement (Décret No. 2014-1039 portant réglementation des marchés publics)
Decree-Law No. 68-2022 enacting special provisions for improving the efficiency of carrying out public and private projects
Decree-Law No. 68-2022 enacting special provisions for improving the efficiency of carrying out public and private projects
Decree No. 1039-2014 promotes the participation of national companies alongside foreign bidders in international public procurement. Specifically:
- Art. 22 stipulates that procurement specifications encourage foreign bidders to involve local companies in executing the maximum number of orders, products, equipment, or services, wherever local industry and companies can fulfil a portion of the contract's requirements.
- Art. 23 encourages foreign consulting firms to collaborate with one or more Tunisian consulting firms or experts.
- Art. 24 provides incentives within the procurement specifications for foreign companies specialising in the industrial sector and in developing computer content and software to partner with specialised Tunisian companies, selected based on predefined criteria.
Additionally, Art. 10 of Decree No. 68-2022 requires foreign bidders to engage local companies for at least 20% of the total value of orders or the provision of goods, equipment, and services for these projects.
- Art. 22 stipulates that procurement specifications encourage foreign bidders to involve local companies in executing the maximum number of orders, products, equipment, or services, wherever local industry and companies can fulfil a portion of the contract's requirements.
- Art. 23 encourages foreign consulting firms to collaborate with one or more Tunisian consulting firms or experts.
- Art. 24 provides incentives within the procurement specifications for foreign companies specialising in the industrial sector and in developing computer content and software to partner with specialised Tunisian companies, selected based on predefined criteria.
Additionally, Art. 10 of Decree No. 68-2022 requires foreign bidders to engage local companies for at least 20% of the total value of orders or the provision of goods, equipment, and services for these projects.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231211131354/http://www.marchespublics.gov.tn/onmp/documents/document.php?id=456&lang=fr
- https://web.archive.org/web/20230204151647/https://www.energiemines.gov.tn/fileadmin/docs-u1/D%C3%A9cret-loi2022_68.pdf
- https://web.archive.org/web/20231128234345/https://igppp.tn/sites/default/files/D%C3%A9cret-loi2022_68.pdf
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TUNISIA
Since March 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Tunisia has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
TUNISIA
Since March 2014
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 1039-2014 on public procurement (Décret No. 2014-1039 portant réglementation des marchés publics)
Art. 20 of Decree No. 1039-2014 on public procurement stipulates that up to 20% of the estimated amount of work, goods, services and studies contracted in public tenders shall be awarded to small businesses. Art. 169 further states that if it is impossible to reserve these contracts within the limit of the aforementioned percentage, the public purchaser must indicate the reasons in a report transmitted to the relevant Contracts Control Commission, which expresses its opinion on the reasons mentioned.
Coverage Horizontal
TUNISIA
Since March 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Tunisia has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
TUNISIA
Since October 2022
Since April 2018
Since April 2018
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Decree-Law No. 68-2022 enacting special provisions for improving the efficiency of carrying out public and private projects
Law No. 2018-20 of 17 April 2018 on startups
Law No. 2018-20 of 17 April 2018 on startups
According to Art. 9 of Decree-Law No. 68-2022, public purchasers are required to allocate up to 10% of the provisional value of contracts for studies, works, and the supply of goods and services annually to startups, as defined by Law No. 2018-20, or for innovative purchases. Innovative purchases refer to tenders for novel technical solutions that address the public purchaser's needs and are not currently available on the market. These purchases are intended to enable the public purchaser to distinguish itself, foster innovation, and develop new content and services.
Law No. 2018-20, specifically Arts. 2 and 3, stipulates that a commercial company qualifies as a startup if it meets the following criteria:
- It has been in operation for no more than eight years from the date of its incorporation.
- Its human resources, total assets, and annual turnover do not exceed limits established by government decree.
- More than two-thirds of its capital is held by natural persons, venture capital investment companies, collective venture capital investment funds, seed capital funds, other investment bodies in accordance with prevailing legislation, or by foreign startups.
- It possesses a business model with a substantial innovative dimension, particularly in technology.
- Its activity demonstrates significant potential for economic growth.
Law No. 2018-20, specifically Arts. 2 and 3, stipulates that a commercial company qualifies as a startup if it meets the following criteria:
- It has been in operation for no more than eight years from the date of its incorporation.
- Its human resources, total assets, and annual turnover do not exceed limits established by government decree.
- More than two-thirds of its capital is held by natural persons, venture capital investment companies, collective venture capital investment funds, seed capital funds, other investment bodies in accordance with prevailing legislation, or by foreign startups.
- It possesses a business model with a substantial innovative dimension, particularly in technology.
- Its activity demonstrates significant potential for economic growth.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230204151647/https://www.energiemines.gov.tn/fileadmin/docs-u1/D%C3%A9cret-loi2022_68.pdf
- https://web.archive.org/web/20231128234345/https://igppp.tn/sites/default/files/D%C3%A9cret-loi2022_68.pdf
- https://web.archive.org/web/20230314153412/https://www.mtc.gov.tn/fileadmin//user_upload/Loi2018_20.pdf
- https://web.archive.org/web/20221101132159/https://www.leaders.com.tn/article/34021-slim-besbes-les-nouvelles-mesures-relatives-a-l-amelioration-de-l-efficacite-de-la-realisation-des-projets-publics-e...
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TUNISIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Tunisia lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them in Art. 138 (Section V – offences relating to commerce and industry) and Art. 253 (Section VII – Misappropriation of correspondence, revelation of secrets) of the Tunisian Penal Code.
Coverage Horizontal
TUNISIA
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)
Tunisia is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
TUNISIA
Since August 1961, last amended in 1985
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Decree-Law No. 14-1961 related to the conditions for exercising certain commercial activities (Décret-loi No. 61-14 du 30 août 1961, relatif aux conditions d'exercise de certaines activités commerciales)
According to Arts. 2, 3, 5, and 8 of Decree-Law No. 14-1961, certain commercial activities in Tunisia are restricted to Tunisian nationals. Foreigners are permitted to hold up to a 50% stake in the capital of companies involved in activities such as commission agents, brokers, commercial agents, consignees, general representatives, and commercial travellers, provided that these businesses are managed by Tunisian nationals. Art. 8 further restricts foreigners from engaging in specified business activities, such as wholesale distribution and retail trading, unless a waiver is granted by the Minister of Trade. Additionally, foreigners wishing to conduct any form of commercial activity, including e-commerce, are required to obtain a foreigner’s trading permit from the Minister of Commerce. This regulatory framework has not been updated since 1985.
It is reported that foreigners may, however, set up international trading companies provided that at least 30% of the company's annual turnover is derived from the export of goods of Tunisian origin.
It is reported that foreigners may, however, set up international trading companies provided that at least 30% of the company's annual turnover is derived from the export of goods of Tunisian origin.
Coverage Commercial activities, including e-commerce
Sources
- https://web.archive.org/web/20250121174426/https://barrerascomerciales.comercio.gob.es/es-es/DocumentosDePaises/Decret-Loi%2061-14%2030%20agosto%201961.pdf
- https://web.archive.org/web/20231207092020/https://www.wto.org/english/tratop_e/tpr_e/s341_e.pdf
- https://web.archive.org/web/20240901023514/https://www.state.gov/reports/2023-investment-climate-statements/tunisia/
- https://web.archive.org/web/20241121181335/https://commerce.gov.tn/storage/cahier-charge-agrements/August2022/CUAYu6QMimgay0TBi1iQ.pdf
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TUNISIA
Since April 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Order of the Minister of Commerce and the Minister of Development, Investment and International Cooperation of 17 April 2020, approving the specifications relating to the organization of the exercise of the profession of commercial advertising agent
The Order of the Minister of Commerce and the Minister of Development, Investment and International Cooperation of 17 April 2020 establishes specific requirements for practising as a commercial advertising agent in Tunisia, including restrictions on foreign equity participation. Art. 7 stipulates that legal entities must be subject to Tunisian law, managed by Tunisian nationals, and have foreign capital limited to a maximum of 50%. Additionally, natural persons or legal representatives of entities must meet qualifications outlined in Art. 3, including holding a national licence or its equivalent, completing at least two years of higher education, and demonstrating one year of professional experience in an advertising agency. Art. 4 further requires that individuals practising in this field must hold Tunisian nationality. Annex 2 of the specifications identifies digital communication services—such as website and application development, online content management, and social media oversight—as part of the activities carried out by commercial advertising agents.
Coverage Advertising sector
Sources
- https://web.archive.org/web/20210122020549/https://www.pist.tn/jort/2020/2020F/Jo0342020.pdf
- https://freedomhouse.org/country/tunisia/freedom-net/2022
- https://web.archive.org/web/20241121181413/https://commerce.gov.tn/storage/cahier-charge-agrements/February2023/Zs8rVMF0uftGnxzw6UJO.pdf
- https://web.archive.org/web/20231207092020/https://www.wto.org/english/tratop_e/tpr_e/s341_e.pdf
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TUNISIA
Since December 2014
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Decree No. 4773-2014 fixing the conditions and procedures for allocating authorisations for ISP activities (Décret No. 2014-4773 du 26 décembre 2014, fixant les conditions et les procédures d'octroi d'autorisation pour l'activité de fournisseur de services internet)
According to Art. 2 of Decree No. 4773-2014, ISPs must be authorised by the Minister responsible for telecommunications after consultation with the Minister of the Interior and the National Telecommunications Authority. Art. 3 stipulates that any person wishing to be authorised as an Internet Services Provider (ISP) must meet the following conditions:
- In the case of a natural person, be of Tunisian nationality and hold a university degree or equivalent;
- In the case of a legal person, be constituted in accordance with Tunisian law, with a share capital of at least TND 1,000,000 (approx. USD 322,000) held in name and by a majority of Tunisian nationals.
Art. 4 adds that granting of the ISP authorisation is subject to the payment of a fee of TND 150,000 (approx. USD 48,500), payable on the date of granting the authorisation.
- In the case of a natural person, be of Tunisian nationality and hold a university degree or equivalent;
- In the case of a legal person, be constituted in accordance with Tunisian law, with a share capital of at least TND 1,000,000 (approx. USD 322,000) held in name and by a majority of Tunisian nationals.
Art. 4 adds that granting of the ISP authorisation is subject to the payment of a fee of TND 150,000 (approx. USD 48,500), payable on the date of granting the authorisation.
Coverage Telecommunications sector