ETHIOPIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
Ethiopia is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
ETHIOPIA
Since July 2004
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Copyright and Neighboring Rights Protection Proclamation No. 410/2004
Ethiopia has a copyright regime under the Copyright and Neighboring Rights Protection Proclamation No. 410/2004. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 9-11 list the exceptions, which include reproduction for personal Purposes and reproduction for teaching; among others.
Coverage Horizontal
ETHIOPIA
Reported in 2022, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced online in Ethiopia. High levels of software piracy and weak enforcement are reported, which can negatively affect digital commerce. In addition, given the lack of enforcement capacity and coordination among Ethiopian Government agencies, IP enforcement is reported to be inconsistent.
It is also relevant to mention that, according to Art. 3 of the Copyright and Neighboring Rights Protection Proclamation No. 410/2004, a certain work published/printed/released or made available to the public outside Ethiopia can only receive legal protection in Ethiopia if it is published or released in the country. Otherwise, foreign right holders are not accorded national treatment as Ethiopia did not sign any international conventions on copyright.
It is also relevant to mention that, according to Art. 3 of the Copyright and Neighboring Rights Protection Proclamation No. 410/2004, a certain work published/printed/released or made available to the public outside Ethiopia can only receive legal protection in Ethiopia if it is published or released in the country. Otherwise, foreign right holders are not accorded national treatment as Ethiopia did not sign any international conventions on copyright.
Coverage Horizontal
Sources
- https://ustr.gov/sites/default/files/2023-03/2023%20NTE%20Report.pdf
- https://ustr.gov/sites/default/files/files/reports/2021/2021NTE.pdf
- https://www.privacyshield.gov/article?id=Ethiopia-Protecting-Intellectual-Property
- https://web.archive.org/web/20221025180720/https://www.aa.com.tr/en/africa/ethiopia-plans-push-in-intellectual-property-rights/2572127
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ETHIOPIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Ethiopia has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
ETHIOPIA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
13.45%
Coverage rate of zero-tariffs on ICT goods (%)
7.99%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- 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
ETHIOPIA
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Ethiopia 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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ETHIOPIA
Since September 2009
Since June 2020
Since June 2020
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Ethiopian Federal Government Procurement and Property Administration Proclamation No. 649/2009
Federal Government Public Procurement Directive of June 2020
Federal Government Public Procurement Directive of June 2020
Law No. 649/2009 gives some preferential treatment to domestic goods or services suppliers over foreign suppliers in some cases. Art. 25 states that some preference margin can be granted for works carried out by Ethiopian nationals and for consultancy services rendered by Ethiopian nationals. The preferences can also be extended to SMEs that are established in accordance with the Small and Micro-Enterprises Proclamation. The Law mandates the Minister to issue directives determining the preference margin.
According to the Federal Government Public Procurement Directive of June 2020, preference margins are prescribed in Art. 16.20.2 as follows:
- For procurement of medical equipment: 25%;
- For procurement of other products: 15%;
- For construction and consultancy services: 7.5%.
For SMEs, these margins in Art. 16.20.2 only applies in International Competitive bidding as per Art. 16.20.5 of the Directive, in contrast to a 3% margin when competing with local suppliers in national competitive bidding. The provision of preferences granted to medical equipment or other products is subject to an additional requirement of not less than 35% of the production occurring in Ethiopia, certified by a competent auditor as per Art. 16.20.3 of the Directive.
According to the Federal Government Public Procurement Directive of June 2020, preference margins are prescribed in Art. 16.20.2 as follows:
- For procurement of medical equipment: 25%;
- For procurement of other products: 15%;
- For construction and consultancy services: 7.5%.
For SMEs, these margins in Art. 16.20.2 only applies in International Competitive bidding as per Art. 16.20.5 of the Directive, in contrast to a 3% margin when competing with local suppliers in national competitive bidding. The provision of preferences granted to medical equipment or other products is subject to an additional requirement of not less than 35% of the production occurring in Ethiopia, certified by a competent auditor as per Art. 16.20.3 of the Directive.
Coverage Horizontal
ETHIOPIA
Reported in 2012, last reported in 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that major procurements do not go through a transparent tendering process. Obstacles to foreign participation in government procurement tenders include complicated and inadequately established procedures, capacity gaps on the part of procurement agencies, delays in decision-making, lack of public information, and the need for personal connections to effectively compete. According to the report, at least one large company has had its multi-million-dollar contract with the government abruptly modified with little explanation and no apparent due process.
Coverage Horizontal
ETHIOPIA
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the 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)
Ethiopia a is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
ETHIOPIA
Since September 2020
Since April 2020
Since April 2021
Since April 2020
Since April 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Investment Regulation No. 474/2020
Investment Proclamation No. 1180/2020
Media Proclamation No. 1238/2021
Investment Proclamation No. 1180/2020
Media Proclamation No. 1238/2021
The Investment Regulation No. 474/2020, implementing the Investment Proclamation No. 1180/2020, reserves some areas of investment just for domestic investors. Art. 4.22 exclusively reserves investment in media services for domestic investors only. Complementary to the investment regulation, the Media Proclamation No. 1238/2021, under Art. 22 .1 reserves investment in the media sector for Ethiopian nationals only. The Media Proclamation defines media as "news agencies and all organs established to provide news or programs or news and programs to the public via periodicals, broadcasting service, and online media".
Coverage Media sector
Sources
- https://web.archive.org/web/20210324071832/https://investethiopia.gov.et/images/pdf/Investment-Regulation-No.-4742020_09-08-2020_0001-2.pdf
- https://www.hopr.gov.et/documents/20181/233477/1238_2013+%E1%8B%A8%E1%88%98%E1%8C%88%E1%8A%93%E1%8A%9B+%E1%89%A5%E1%8B%99%E1%88%83%E1%8A%95+%E1%8A%A0%E1%8B%8B%E1%8C%85.pdf/c3748f16-0ab9-32cb-cbd0-e914...
- https://www.state.gov/reports/2021-investment-climate-statements/ethiopia/
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ETHIOPIA
Since September 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Investment Regulation No. 474/2020
According to Art. 5(1/f/) and 5.2 of the Investment Regulation No. 474/2020, foreign share capital in audiovisual services, including film/music production and distribution, is capped at 49%. It is not clear whether this restriction also applies online.
Coverage Audiovisual Services
ETHIOPIA
Since April 2020
Since September 2020
Since September 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Requirement to engage in joint ventures to invest or operate
Investment Proclamation No. 1180/2020
Investment Regulation No. 474/2020
Investment Regulation No. 474/2020
Art. 5 (1/e/) of the Investment Regulation No. 474/2020 (which implements the Investment Proclamation No. 1180/2020) reserves some areas of investment including advertisement and promotion for joint investment with domestic investors only. In other words, a foreign investor can only invest in the advertisement service sector in joint venture with an Ethiopian domestic investor. The scope of the law includes advertisement disseminated through the internet website being designed in Ethiopia or abroad (Section 3.3). Previously there was a ban to foreign investment in the advertising sector.
Coverage Advertisement sector
ESWATINI
Since July 2013
Since December 2016
Since 2016
Since December 2016
Since 2016
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Electronic Communications Act, 2013
Electronic Communications (Licensing) Regulations, 2016
Electronic Communications (Importation, Type Approval and Distribution of Communications Equipment) Regulations, 2016
Electronic Communications (Licensing) Regulations, 2016
Electronic Communications (Importation, Type Approval and Distribution of Communications Equipment) Regulations, 2016
In accordance with the provisions of Sections 10, 11, 13 and 40 of the Electronic Communications Act, the Minister of Information, Communications, and Technology promulgated the Electronic Communications (Licensing) Regulations and the Electronic Communications (Importation, Type Approval and Distribution of Communications Equipment) Regulations. In accordance with Regulation 16 of the Importation, Type Approval and Distribution of Communications Equipment Regulations, it is unlawful for any individual or entity to supply, import or distribute radio communications equipment unless they have been granted a licence by the Commission as specified in Section 41.1 of the Act. Furthermore, Regulation 4 of the Licensing Regulations empowers the Commission to issue a general licence for the importation, distribution or sale of electronic communications equipment. The Commission may grant any number of licences to an applicant who meets the criteria set out in the application and the general licence conditions.
Coverage Radio communications equipment and electronic communications equipment
Sources
- https://web.archive.org/web/20231005101524/https://www.esccom.org.sz/legislation/SwazilandElectronicCommunicationsAct.pdf
- https://web.archive.org/web/20231005101524/https://www.esccom.org.sz/regulations/The-Electronic-CommunicationsLicencing-Regulations2016.pdf
- https://web.archive.org/web/20231005165100/https://www.esccom.org.sz/regulations/The-Electronic-CommunicationsImportationtype-Approval-and-Distribution-of-Communications-Equipment-Regulations-2016.pdf
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ESWATINI
N/A
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Supplier Declaration of Conformity allowed for foreign businesses
Eswatini does not have a national self-certification programme but relies on the certificates of conformity supplied by exporting countries. The Eswatini Standards Authority is a member of the International Electrotechnical Commission (IEC) Affiliate Country Programme, which allows developing countries to participate in the IEC standardisation activities and conformity assessments as well adopting IEC standards and gazette them as Eswatini national standards.
Coverage Electrical products
