Malawi has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.

Malawi has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Malawi has a copyright regime under the Copyright Act of 2016. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 36-53 list the exceptions, which include personal and teaching purposes; reproduction, translation, adaptation, arrangement or other transformation of a work exclusively for the user’s own personal or private use of a work which has already been lawfully made available to the public; among others.

The enforcement of copyright in Malawi is reported to be inadequate despite the existence of the provision in Part XIV of the Copyright Act. It is reported that the country faces and significant digital piracy.

Malawi is a party to the Patent Cooperation Treaty (PCT).

Section 162 (2) of the Malawi Companies Act requires a company to have at least one director ordinarily resident in Malawi.

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%.

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

Section 10 of the Public Procurement and Disposal of Public Assets (Participation by Micro, Small, and Medium Enterprises) Order seeks to promote MSMEs and the marginalized by way of preferences and reservations. The Order sets a minimum threshold of 15% for procurement goods and services and 10% for procurement of works to be granted under preference scheme to marginalized groups. To ensure compliance with this provision, the law requires procuring and disposing entities to submit annual procurement plan indicating the value and percentage of procurement contracts intended for award to MSMEs, and quarterly progress reports.

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.

Section 44 (10) of 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.

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

Madagascar has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

Madagascar has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.