ESTONIA
Since April 2004
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the enforcement of patents
Lack of effective protection of patents
It is reported by IP Agency Lasvet that court proceedings for patent litigation are often cumbersome and time-consuming, and that there is a lack of technical know-how on IP issues in the country's court system. This is despite Directive 2004/48/EC on the enforcement of intellectual property rights, which states that Member States shall provide the measures, procedures and remedies necessary to ensure the enforcement of the intellectual property rights covered by this Directive. Those measures, procedures and remedies shall be fair and equitable and shall not be unnecessarily complicated or costly or entail unreasonable time limits or unwarranted delays. Estonia transposed the Directive through a series of amendments to existing legislation in 2006.
Coverage Horizontal
Sources
ESTONIA
Since August 1994
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Estonia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
ESTONIA
Since May 2001
Since 2019
Since 2019
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Directive 2001/29/EC
Copyright Act (Autoriõiguse seadus)
Copyright Act (Autoriõiguse seadus)
There is no general principle for the use of copyright-protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.
The Copyright Act grants exceptions under § 17-27 and 75 provided that there is no commercial use of said rights and that the free use does not harm the legitimate right holders.
The Copyright Act grants exceptions under § 17-27 and 75 provided that there is no commercial use of said rights and that the free use does not harm the legitimate right holders.
Coverage Horizontal
ESTONIA
Reported in 2021, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that Estonia has one of the highest piracy rates in the EU. At the end of 2022, each internet user in the EU accessed websites offering copyright-infringing content about 10 times per month on average. Estonia, however, had nearly 25 accesses per user per month. Additionally, the computer software market in Estonia faces a severe piracy issue, with reports indicating that over 90% of software is pirated. This includes everything from simple computer-to-computer copying and re-installation to outright piracy of software on CDs and disks.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240307202233/https://euipo.europa.eu/tunnel-web/secure/webdav/guest/document_library/observatory/documents/reports/2023_online_copyright_infringement_in_eu/2023_online_co...
- https://web.archive.org/web/20230131103554/https://www.pecina.cz/files/www.ce-review.org/99/16/amber16.html
- https://web.archive.org/web/20231024213012/https://euipo.europa.eu/tunnel-web/secure/webdav/guest/document_library/observatory/documents/quantification-of-ipr-infringement/online-copyright-infringemen...
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ESTONIA
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)
0.71%
Coverage rate of zero-tariffs on ICT goods (%)
74.32%
Coverage: ICT goods
ESTONIA
Reported in 2023, last reported in 2024
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Ban on TikTok
TikTok was reportedly banned from the work phones of state officials in Estonia in March 2023.
Coverage TikTok
ESTONIA
Since March 2004, last amended in February 2014
Since September 2017, last amended in 2019
Since September 2017, last amended in 2019
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
Public Procurement Act (Riigihangete seadus)
Public Procurement Act (Riigihangete seadus)
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used. In Estonia, the Directive has been transposed with the Public Procurement Act.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment
Sources
- https://web.archive.org/web/20220303180640/https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN#d1e7298-243-1
- https://web.archive.org/web/20230324124842/https://www.riigiteataja.ee/akt/105052022043
- https://web.archive.org/web/20240301001209/https://www.lexology.com/library/detail.aspx?g=276feaf8-c91b-4b7d-8310-dad8134f3c4c
- https://web.archive.org/web/20220121131638/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52019XC0813(01)&from=EN
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ESTONIA
Since September 2017, last amended in 2019
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement Act (Riigihangete seadus)
The Public Procurement Act (PPA) 2017 § 11.1 provides for a general principle (2) that the contracting authority treats the following entities equally: all persons whose place of residence or seat is in: Estonia, in another Member State of the European Union, in another contracting state of the European Economic Area, or signatory of the WTO Government Procurement Agreement. Therefore, other countries are not given the same treatment.
Moreover, subchapter 3 of the Act stipulates that the contracting authority is not required to apply the rules of the Act if the main purpose of awarding a public contract is to provide or exploit public communications networks or to provide to the public an electronic communications service.
Moreover, subchapter 3 of the Act stipulates that the contracting authority is not required to apply the rules of the Act if the main purpose of awarding a public contract is to provide or exploit public communications networks or to provide to the public an electronic communications service.
Coverage Horizontal
ESTONIA
Reported in 2022, last reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Open environment for foreign investment
It is reported that Estonia’s government has not set limitations on foreign ownership.
Coverage Horizontal
ERITREA
N/A
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Eritrea does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
ERITREA
N/A
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Lack of consumer protection legislation
Eritrea does not have any legal provisions regarding consumer protection that are applicable to online commerce.
Coverage Horizontal
ERITREA
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Eritrea has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
ERITREA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Eritrea 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
ERITREA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Eritrea 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
