DEMOCRATIC REPUBLIC OF CONGO (DRC)
Since April 1986
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Ordinance-Law No. 86-033 of April 5, 1986 on the Protection of Copyright and Neighboring Rights
The DRC has a copyright regime under the Ordinance-Law No. 86-033 on the Protection of Copyright and Neighboring Rights. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 24-32 list the exceptions, which include reproduce quotations or excerpts of protected works for cultural, scientific, teaching, critical or polemic purposes, provided that the source, title and name of the author are mentioned; the reproduction of photographs in anthologies intended for teaching use and in scientific works shall be authorized; among others.
Coverage Horizontal
DEMOCRATIC REPUBLIC OF CONGO (DRC)
Reported in 2021
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Despite DRC Law No. 86-033 on the protection of authors' rights, provides the basis for protection of Intellectual Property Rights (IPR) in DRC. It is reported that the law has been sporadically and inconsistently enforced, and in turnt IPR is for all intents and purposes unprotected. The enforcement of IPR regulations is limited despite the fact that the country is a signatory to a number of relevant agreements with international organisations such as the World Intellectual Property Organisation (WIPO) and the World Trade Organisation (WTO) and is subject to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The enforcement is reportedly lax due to low capacity and unawareness among consumers and businesses.
Coverage Horizontal
DEMOCRATIC REPUBLIC OF CONGO (DRC)
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Lack of participation in the Patent Cooperation Treaty (PCT)
DRC is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
DEMOCRATIC REPUBLIC OF CONGO (DRC)
Since January 1982
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Law No. 82-001 of January 7, 1982 on Industrial Property
According to Art. 18 of Law No. 82-001 on Industrial Property, non-Congolese patent applicants domiciled abroad are obliged to indicate an address for service with a Congolese agent and to work through them.
Coverage Horizontal
DEMOCRATIC REPUBLIC OF CONGO (DRC)
Reported in 2022
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the enforcement of patents
Lack of patent enforcement
It is reported that enforcement of patent regulations is virtually non-existent.
Coverage Horizontal
DEMOCRATIC REPUBLIC OF CONGO (DRC)
N/A
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Requirement to engage in joint ventures to invest or operate
Practice: requirement of joint venture
It is reported that in practice the DRC requires foreign investors to hire local agents and participate in a joint venture with the government or local partners.
Coverage Horizontal
DEMOCRATIC REPUBLIC OF CONGO (DRC)
Since April 2010
Since June 2010
Since June 2010
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement Law, 2010
Decree No. 10/22 of 2 june 2010 on the guidelines for the application of law related to Public Procurement
Decree No. 10/22 of 2 june 2010 on the guidelines for the application of law related to Public Procurement
The 2010 Public Procurement Law provides that a public administration can limit their participation through domestic preference granted to national and regional companies. Art. 37 (Section 5) considers nationality, residency, regional presence and cooperation partners as criteria to provide a preference which would consist in a reduction in the tenderer's financial offer. Art. 86 of Decree No. 10/22 laying down guidelines for the application of the Law related to Public Procurement requires tender offers to explicitly mention "national preference" when publishing tenders that apply this requirement.
Coverage Horizontal
DEMOCRATIC REPUBLIC OF CONGO (DRC)
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
DRC is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
DEMOCRATIC REPUBLIC OF CONGO (DRC)
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar 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)
DRC is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
DEMOCRATIC REPUBLIC OF CONGO (DRC)
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
9.52%
Coverage rate of zero-tariffs on ICT goods (%)
0%
Coverage: Digital goods
CONGO
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Congo 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
CONGO
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Congo 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
CONGO
Since January 2014, entry into force in August 2014
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
UN Convention on the Use of Electronic Communications in International Contracts
Congo has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
CONGO
N/A
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Congo does not have a legal framework that applies consumer protection to online transactions.
Coverage Horizontal
CONGO
N/A
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Congo does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal