Database

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COMOROS

N/A

Pillar Domestic Data policies  |  Sub-pillar Framework for data protection
Lack of comprehensive legal framework for data protection
Comoros does not have a comprehensive regime of data protection in place.
Coverage Horizontal

COMOROS

N/A

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Comoros has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal

COMOROS

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Comoros has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

COMOROS

Since March 2014

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of independent telecom authority
Framework Law No. 14-031/AU on electronic communications of 17 march 2014 (Loi N. 14-031/AU relative aux communications électroniques du 17 mars 2014)
The National Regulation Authority of Information and Communications Technology (Autorité Nationale de Régulation des TIC (ANRTIC)) is the executive authority for the supervision and administration of services in the telecommunications sector and it is independent from the government in the decision-making process. According to Art. 6 of the Law No. 14-031/AU, the ANRTIC is legally distinct and functionally independent from the ministry in charge of electronic communication and the service suppliers.
Coverage Telecommunications sector

COMOROS

Since March 2014

Pillar Telecom infrastructure and competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Law No. 14-031/AU on electronic communications of 17 march 2014 (Loi N. 14-031/AU relative aux communications électroniques du 17 mars 2014)
Comoros mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market. Art. 49 of the Law No. 14-O31/AU states that operators of electronic communications networks having SMP must have a separate accounting for their interconnection activities. It is also reported that functional separation is mandated, but the relevant legislation has not been found.
Coverage Telecommunications sector

COMOROS

Since March 2014

Pillar Telecom infrastructure and competition  |  Sub-pillar Other restrictions to operate in the telecom market
Framework Law No. 14-031/AU on electronic communications of 17 march 2014 (Loi N. 14-031/AU relative aux communications électroniques du 17 mars 2014)
The licensing regime in the telecom sector is regulated by Law No. 14-031/AU. The regime is transparent and non-discriminatory. Art. 15 of the Framework Law No. 14-031/AU states that "Operators must be companies incorporated under Comorian law, subject to all the provisions of the present law and to Comorian common law, particularly regarding bank domiciliation requirements, use of foreign currency and invoicing currency."
Coverage Telecommunications sector

COMOROS

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
The government owns shares in certain telecommunications companies. In particular, the government owns fully of the operator Comores Telecom and owns 20% of the shares of the operator Telma Comores.
Coverage Telecommunications sector

COMOROS

Since March 2014

Pillar Telecom infrastructure and competition  |  Sub-pillar Passive infrastructure sharing obligation
Framework Law No. 14-031/AU on electronic communications of 17 march 2014 (Loi N. 14-031/AU relative aux communications électroniques du 17 mars 2014)
Passive infrastructure sharing is reported to be mandatory in Comoros for the provision of telecommunications services to end-users. It is practiced in the mobile sector and in the fixed sector based on commercial agreements. According to Art. 53 of Law No. 14-031 on electronic communications, the National Regulation Authority of Information and Communications Technology (Autorité Nationale de Régulation des TIC (ANRTIC)) shall encourage the conclusion of agreements for the sharing of infrastructure masts, ducts and towers, electrical equipment, and land.
Coverage Telecommunications sector

COMOROS

Since March 2014

Pillar Telecom infrastructure and competition  |  Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Framework Law No. 14-031/AU on electronic communications of 17 march 2014 (Loi N. 14-031/AU relative aux communications électroniques du 17 mars 2014)
According to Art. 15 of the Framework Law No. 14-031/AU, foreign participation in the capital of a company operating in the electronic communications sector is authorised up to a maximum of 80%.
Coverage Telecommunications sector

COMOROS

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Lack of comprehensive trade secret regime
Comoros does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. In particular, the country has established 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, which has been ratified by 17 French-speaking States, including Comoros in 2002.
Coverage Horizontal

COMOROS

Since January 2021

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Comoros has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

COMOROS

Since January 2021

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Comoros has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

COMOROS

Since January 2005

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

COMOROS

Since March 1957
Since March 1977, as amended in December 2015, entry into force in November 2020

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Law of 11 March 1957, on Literary and Artistic Property (Loi du 11 mars 1957 sur la propriété littéraire et artistique)

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)
Comoros has a copyright regime under Law on Literary and Artistic Property. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 41 lists the exceptions, which include private and gratuitous representations made exclusively within the family circle; copies or reproductions strictly reserved for the private use of the copier and not intended for collective use; analyses and short quotations justified by the critical, polemical, educational, scientific or informative nature of the work in which they are incorporated; press reviews; dissemination, even in full, via the press or radio, as news, of speeches intended for the public; and parody, pastiche and caricature.

In addition, the Revised Bangui Agreement, which 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 Comoros and each of the other member states, contains provisions on copyright in Annex VII: Chapter IV (Limitations to Economic Rights) and establishes a regime of copyright exceptions.
Coverage Horizontal

COMOROS

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 Comoros, 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