Database

Browse Database

CONGO

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of independent telecom authority
Presence of independent telecom authority
It is reported that the Electronic Communications and Postal Regulatory Authority (ARPCE), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

CONGO

Since December 2009

Pillar Telecom infrastructure and competition  |  Sub-pillar Other restrictions to operate in the telecom market
Law No. 9-2009 of November 25, 2009 on Electronic Communication Sector
According to the Electronic Communication Law (Art. 6), the electronic communications activities are exercised freely in Congo. There are no discriminatory conditions for foreign companies. However, the supply of electronic communications networks and services is conditional on obtaining, depending on the case of: licence, authorization, agreement, declaration, experimentation.
It is reported that in the Republic of Congo different minimum capital requirements are established to obtain different types of licenses:
- 10.000.000.000 F.CFA for 3G and 4G (approx. USD 15,196,000);
- 11.000.000.000 F.CFA for 2G (approx. USD 16,716,000).
Coverage Telecommunications sector

CONGO

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Many privates companies operate in electronic communications market. However, the public company, CONGO TELECOM holds the monopoly for the fixed telephone and it is 100% State-owned.
Coverage Telecommunications sector

CONGO

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that The Republic of Congo has established both functional and accounting separation by law for the operator with significant market power.
Coverage Telecommunications sector

CONGO

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Lack of comprehensive trade secret regime
Congo 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 Congo since 2002.
Coverage Horizontal

CONGO

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in the Republic of Congo to deliver telecom services to end users. It is practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector

CONGO

Since November 2009

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Mandatory disclosure of business trade secrets such as algorithms or source code
Law No. 9-2009 of November 25, 2009 on Electronic Communication Sector
Art. 145 of the Law on Electronic Communication mandates the persons or suppliers of cryptology service to disclose the technical characteristics of the source code of the software to be used by the National Agency for Information Systems Security (ANSSI).
Coverage Cryptology service

CONGO

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
The Republic of Congo has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

CONGO

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
The Republic of Congo has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

CONGO

Since March 1977, as amended in December 2015, entry into force in November 2020
Since July 1982

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Bangui Agreement Relating to the Creation of an African Intellectual Property Organization, Constituting a Revision of the Agreement Relating to the Creation of an African and Malagasy Office of Industrial Property (Bangui (Central African Republic), 2 March 1977) (Accord de Bangui relatif à la création d'une Organisation Africaine de la Propriété Intellectuelle, constituant révision de l'Accord relatif à la création d'un Office Africain et Malgache de la Propriété Industrielle (Bangui (République centrafricaine), le 2 mars 1977)

Law No. 24/82 of 7 July 1982 on Copyright and Neighbouring Rights (Loi No. 24/82 du 7 juillet 1982 sur le droit d'auteur et les droits voisins)
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 Congo 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, which enables the lawful use of copyrighted work by others without obtaining permission. In addition, Art. 33 of Law No. 24/82 also provides for limitations on copyrights.
Coverage Horizontal

CONGO

Reported in 2015 and 2021

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced online in the Republic of Congo. It is reported that there are high levels of piracy since the 1990s, with complaints also on the fact that the Republic of Congo government computers use unlicensed software.
Coverage Software

CONGO

Since January 1978

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
The Republic of Congo is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

CONGO

Since February 1999, entry into force in February 2002, last amended in December 2015
Since December 2019, entry into force in March 2020

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Bangui Agreement Relating to the Creation of an African Intellectual Property Organization, Constituting a Revision of the Agreement Relating to the Creation of an African and Malagasy Office of Industrial Property (Bangui (Central African Republic), 2 March 1977) (Accord de Bangui relatif à la création d'une Organisation Africaine de la Propriété Intellectuelle, constituant révision de l'Accord relatif à la création d'un Office Africain et Malgache de la Propriété Industrielle (Bangui (République centrafricaine), le 2 mars 1977)

Regulations on the profession of Authorised Agent before the African Intellectual Property Organisation (Règlement sur la profession de Mandataire agréé auprès de l’Organisation Africaine de la Propriété Intellectuelle)
According to the Bangui Agreement, ratified by 17 French-speaking States, including the Republic of Congo, applicants resident outside the territory of the member States must file through an agent selected in one of those member States (Section III, Art. 8). The professional status of agent accredited to the African Intellectual Property Organisation (OAPI) is governed by the Regulations on the profession of Authorised Agent before the OAPI.
Coverage Horizontal

CONGO

N/A

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Minimum capital requirement to obtain a license
It is reported that different minimum capital requirements are established to obtain different types of telecom licenses:
- 10.000.000.000 F.CFA for 3G and 4G (approx. USD 15,196,000);
- 11.000.000.000 F.CFA for 2G (approx. USD 16,716,000).
Coverage Telecommunications sector

CONGO

N/A

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Nationality/residency requirement for directors or managers
Local presence requirement
It is reported that Congolese law requires foreign companies to hire a general manager who is a resident of the Republic of Congo. To establish an office, it is usually required a local lawyer or a local representative of an international law firm to make sure that the company’s bylaws respect the Congolese standard business code.
Coverage Horizontal