Database

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SENEGAL

Since May 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Senegal has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

SENEGAL

Since May 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Senegal has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

SENEGAL

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Senegal 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 Senegal, since 2002.
Coverage Horizontal

SENEGAL

N/A

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Senegal to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector

SENEGAL

Reported in 2022, last reported in 2023

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
It is reported that the Government holds a minority stake (27%) in Sonatel-Orange Senegal, the country's largest Internet and mobile communications provider.
Coverage Telecommunications sector

SENEGAL

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Senegal mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector

SENEGAL

Since April 1994

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Senegal has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

SENEGAL

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Lack of independent telecom authority
Senegal has a telecommunications authority: The Telecommunications and Postal Regulatory Authority (ARTP). However, it is reported that this entity is not fully independent.
Coverage Telecommunications sector

SENEGAL

Reported in 2021

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Local processing requirement
Senegal has recently set up a data centre in the city of Diamniadio. It is reported that the President of the Republic has instructed the Government and all State structures to host the State's data and platforms in this infrastructure.
Coverage Public sector

SENEGAL

Since September 2010, last amended in December 2022

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decree No. 2022-2295 of 28 December 2022 on the Public Procurement Code (Décret No. 2022-2295 du 28 décembre 2022 portant Code des marchés publics)
Pursuant to Art. 60 of Decree No. 2022-2295, contracting authorities may incorporate local content requirements among the award criteria in tender documents. These may include (i) employment and vocational training initiatives; (ii) efforts to integrate artisans, social economy structures, and local small and medium-sized enterprises (SMEs); and (iii) specific measures related to sustainable development, such as waste management. These criteria must be clearly outlined in the specifications and quantified either in monetary terms or as evaluation criteria.
Coverage Horizontal

SENEGAL

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)
Senegal is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

SENEGAL

Since January 2004

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Law No. 2004-06 of 27 January 2004 on the Investment Code (Loi No. 2004-06 du 27 Janvier 2004 portant code des Investissements)
Senegal's Investment Code places no restrictions on the maximum share of foreign capital in the digital sector. There is no provision prohibiting full ownership in any of the relevant sectors of the digital economy.
Coverage Horizontal

SENEGAL

Since November 2018

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Law No. 2018-28 of 28 November 2018 on the Electronic Communications Code (Loi No. 2018-28 du 28 Novembre 2018 portant Code des Communications Electroniques)
Investments in the telecommunications sector are screened through licensing requirements by the regulatory authority. Among the requirements laid down in the Electronic Communications Code for approval or licensing are, for example, national defence and public safety requirements.
Coverage Telecommunications sector

SENEGAL

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)  |  Indicator 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 organization 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 Organization (Règlement sur la profession de Mandataire agréé auprès de l'organization Africaine de la Propriété Intellectuelle)
According to the Bangui Agreement, ratified by 17 French-speaking States, including Senegal, 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 Organization (OAPI) is governed by the Regulations on the profession of Authorised Agent before the OAPI.
Coverage Horizontal

SENEGAL

Since January 1978

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Senegal is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

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