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...
- Show more...
ESTONIA
Since March 2010
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
The European Union and Estonia have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal
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
- Show more...
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 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
ERITREA
Since March 1998
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Proclamation No. 102/1998, Communication Proclamation
Art. 34 of the Communication Proclamation No. 102/1998 declares that the possession, establishment, and use of radio equipment or a system with interworking radio equipment is provided only by the Communications Department of the Ministry of Transportation and Communications.
Coverage Telecom equipment
ERITREA
Reported in 2022, last reported in 2023
Pillar Online sales and transactions |
Indicator Maximum foreign equity share for investment in the e-commerce sector
Reported ban on foreign investment
Art. 5 of the Investment Proclamation No. 59/1994 states that all sectors are open to any investors, with the exception of domestic retail, domestic wholesale, import, and commission agency companies, which are excluded unless there is a bilateral agreement of reciprocity. Yet, it is reported that, in practice, this law has been suspended. The ruling Peoples Front for Democracy and Justice (PFDJ) determines the sectors in which private investment is accepted and defines the terms under which it is permitted. As a result, investment is de facto prohibited in most sectors of the economy (with the exception of mining), including the e-retail sector. It has also been reported that the majority of large enterprises are either wholly or partially owned by the government or the PFDJ.
Coverage E-retail
Sources
- https://web.archive.org/web/20240109000909/https://www.state.gov/reports/2023-investment-climate-statements/eritrea/
- https://web.archive.org/web/20231001030040/https://www.state.gov/reports/2022-investment-climate-statements/eritrea/
- https://web.archive.org/web/20230528040239/https://investmentpolicy.unctad.org/investment-laws/laws/255/print/3
- https://web.archive.org/web/20241204212711/https://tile.loc.gov/storage-services/service/ll/lleritrea/eritrean-proc-59-1994/eritrean-proc-59-1994.pdf
- Show more...
