Togo has a copyright regime under the law Law no. 91-12. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 20-24 list the exceptions, which include communications such as representation, performance, and broadcasting if they are private, performed exclusively within the family circle and do not give rise to any type of income; if they are conducted free of charge for strictly educational or school purposes or during a religious service in premises reserved for that purpose; among others.
The Revised Bangui Agreement 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 Benin and each of the other member states. The Revised Bangui Agreement 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.

Togo has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

Togo has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Art. 94 of the Electronic Communication Law obliges encryption service providers to comply with lawful interception orders. Refusal to provide secret decryption codes to government agencies is punishable by a fine between USD 3,544 and USD 14,178. However, Art. 628 of Law No. 2015-10 of November 24, 2015 on the New Penal Code refers to the criminal offence against disclosure of information pertaining to a company's business secret.

Togo does not have comprehensive trade secret legislation. Yet, there are 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 ratified by 17 French-speaking States, including Togo, since 2002.

It is reported that there is an obligation for passive infrastructure sharing in Togo to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.

The incumbent telecommunications company in Togo, TogoCom, initially fully owned by the government, underwent partial privatisation under Decree No. 2019-142/PR. This decree permitted up to 51% of the company’s shares to be transferred to the private sector, resulting in a 51% acquisition by Agou Holding consortium, made up of the Madagascan conglomerate Axian (majority) and the capital-investor Emerging Capital Partners (ECP). Although no legal framework restricts foreign capital in the telecommunications sector, the Togolese Government maintains a 49% stake.

TogoCom, the incumbent telecommunications company in Togo, has been opened to the private sector, but the State still holds 49% of the shares. TogoCom is the de facto monopoly provider of fibre backbone connectivity to ISPs and other content and data providers.

It is reported that Togo mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.

There is no discrimination in licensing between nationals and foreigners. However, there is the possibility of limiting the number of licenses by decree of the Council of Ministers (Article 5.2 of the Law on Electronic Communications). All individual licenses are issued by order of the minister in charge of the electronic communications sector after authorisation by decree of the Council of Ministers. There is also an authorisation scheme which prevails for the establishment and operation of independent networks and the use of radio frequencies (Article 9). It is also reported that there are minimum capital requirements to obtain a license, although the amount is not specified.

According to Art. 41 of Decree No. 2022-080/PR, which repeals Decree No. 2009 - 277/PR on the Code of Public Procurement and Public Service Delegations of 2009, the holder of a public works, supply or service contract may, under his full responsibility, subcontract the performance of certain parts of the contract up to a maximum of 40% of the contract value, giving priority to very small, small and medium-sized enterprises governed by Togolese or Community law, provided that they have obtained the prior agreement of the contracting authority. In the case of a public contract awarded by a local authority or one of its public establishments, a candidate for a public contract who has planned to subcontract at least 40% of the total value of the public contract to a local company may benefit from a margin of preference of no more than 5%, which may be added to the preference provided for in Art. 92 and following of this decree.

Togo is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.

The incumbent telecommunications company in Togo, TogoCom, initially fully owned by the government, underwent partial privatisation under Decree No. 2019-142/PR. This decree permitted up to 51% of the company’s shares to be transferred to the private sector, resulting in a 51% acquisition by Agou Holding consortium, made up of the Madagascan conglomerate Axian (majority) and the capital-investor Emerging Capital Partners (ECP). Although no legal framework restricts foreign capital in the telecommunications sector, the Togolese Government maintains a 49% stake.